Star. — London, England, 1815-11-16 00:00:00

iRZNCH PAPERS. . . The Gems* (Welk contains the Law for the Sup pression of seditious Cries and other incitements to r.:volt. The following' alay be considered as the pre- amble to this Iftw • " I nuts, by the price of Goel, Ste. " We &Lout! have wished still to eatrust the suppression. of all crimes to the wise and mu:wrote jurisdiction of the Ordinary . But after t.ucli a continuation of troubles, in the snidst of so many misfortunes, violent passions still convulse the country. In order to suppress these trouhles, to check the dis orders which Lave produced thtir explosion, the adoption of mere simple forms, of a more speedy justice, anl of punishments which may reconcile the Royal clenwncy With the safety of the s!are, is become necessary*. " Our Constitutional Charter, by the sixty-third Article, has ace 41 the tribunal which circumstances may call for. The r: suml jurisdiction has in its favour the experience of past times, a• J promises the same happy results which it produced 'tinder the bee t s our ancestors. But until our Ministers can pri pare with ma: tarlty the disposi:ions of the law wh:ch is to be established, we have thought it necessary to seek a teatp,:rary r e medy in a prvisional " Wherefore we have proposed, the Chambers have adopted, and we hereby ratify the following." Here follows the law, as anieldel and agreed to by the Chem in r, for which, with its amendments, bee our Papers of the 21st October and id November ] FIRST MILI TARA' DIVISION. °BOER OF THE DAY OF NOVEMBER I'2, 1815. '• In conformity with the Order of Fie F.xcel'ency the Nliiiister of War, dated 24th October last, and tul instant, military men of all ranks at result at Paris, or who shall hereafter arri, tl:ere, are bound, in order to obtain permission to reside there, to exhibit at the Office of the First Military Division, Place l.ouis 7:1% No 8, proofs of their being Kali) , domiciled, by the tollow ee; documents: •• 1. The register of their birth, sliming them to be natives of capital. e. The certificates of the Mayers of their districts, with the sit!t station of two witnesses among the principal men of property, ehcwing that they have been accustomed residents. " 3.The extract of the personal tax list. sheeting that by them selves, their parents, or guardians, they have contributed to it. " The Commandants of the Departments of the First Military Devislon are to observe the same formalities a ith respect to the military men residing in their several districts, conforming be sides to the Order of the Governor, Count Maison, dated 6th (sober last. " Any military man who cannot thus establish his domicile, on presenting to us proofs, eiall be bound forthwith to repair to his proper home, and shall receive a written route for that per- , rose. In the case that he shall have been born in a foreign coun try, or shall have in France no family or domicile, he shall point :Ilt the place where he wishes to reside, upon which a decision shall be foamed; and then they shall in like manner receive a written rcutc to repair thither, unless another place of residence she!l be aprointed for them by special authority. • " There are excepted front this general measure the military Inca authorised to concur in the formation of the departmental legions, and those who, up to this day, have not received any definitive order on this head; zs also those who shall produce an appoinJueut or authority from the Ministi r ut %Var, or any other Minister, to reside at Paris, or In any other pait of the I irst Military Division. " Every military man Kho shall not within Eight days have cemplied with the regulations here specified, shall be prosecuted as guilty of dumbed. uce to the military laws and regulations; and, if necessary, the Minister at War shall be called eron to take such further measures against hunt as the case shall require. (SigueJ) "'1 he lieutenant-General rots, Commatuding the First Military DiViiiiOne" NATIONAL GUARDS OF PARIS. ON-Drit OF THE DAY, NOVEMBER 7. " The hlarslial Commanding in Chia is inferined that a num ber of persons belonging to the National Guards attend at parade and at their posts without arms, in weer lie more easily to ab• sent themselves. This tr,-ach of the orders of the service can no lor ger be tolerated, and the Adjuvants an to send back and to mark as absent all those who i•reeent themselves without arms at the posts where they are to mount guard. ee For the Marshal of France, Commanding in Chief, (signed) is che Major•Ceneral Duke De NIORTEMAR: . Pre filed to this Order is a decision respectir,g the Sieur B•111161:e. fie wetly Adjutant of the 6th Legion, who had insulted and as saulted the National Guards that were desirous to go to St. Dent' to meet end congratulate the King nn his return, in the first days cf July ; the same ltasnage being turtner, in his constant habits of drunkenness, guilty sit outi z.geous expressions against the Royal Family.—There is a similar decision against the'Sieur Moktardier, c hasseur of the 2el battalion 7th Legion, mulled out for his anar chical dispo'ition, and fur frequenting the little clubs that meet' turposes inimical to the lawful Government.—The Sieurs liasnage and Moutardier are on these grounds dismissed from the National Guai els, required to give up their arms and accoutre ments, and made the subject of a particular report to the Prefect of Police, in order that he may take such further Measures as may be judged liner. TRIAL OF MARSHAL NEY. Second Day—continued. CONTI.% I:AVON OF THE TIIIRD INTERROGATORY OF THE M A 1011.1 L. DOCUM EN TA RY• The Marshal dented all the speeches which were I attributed to him by the Mayor of Dole, M. Capelle, and the Prefects of Ain and Jura ; he had never boasted of having had any correspondence with the Lle of Elba. " I had not (added he) any knowledge of the land ing ef Bonaparte, till I was informed of it by M. Bastardy, my notary. I never had any conversa tion with any of the Marshals of France, nor with is the Minister of War at that period, relative to the tenon of Bonaparte. I equally deny all connection with the Duchess of St. Len ; I never saw her at her house after Bonaparte's abdication at Fontainbleau. I was invited to dine with her in the month of Fe bruary, with the Marquis de Riviere, but I declined • under the pretext of illnets." The Marshal here demanded the insertion in his interrogatory of the Petition that was presented to the King by his wife, relative to the alleged incorupe. tency of the Council of War. He not roily demanded to be tried by the Chamber of Peers, as his natural and rightful Judges, but he also complained of the manner in which the Council was formed. He next demane.ed the production of an article which he said WAS in the possession of the Count de Bourteont it wes the letter in which General Bertrand invited, to the natee of *Bonaparte, the Generals to desert from the King. Judge. asked, What has become of that letter ? The Reporter—lt has been impossible, since the interrogatory terminated, to write to the Count de B.an wont ; this would take up a fortnight. M. Joinville—The Count de Beurnanit is at Paris. The Repot ter—The letter shall then be demanded. Toe Pnetenersr—The reading of the documents •being finished, it is tittle to confront the accused. 1 must remind the pithlic that all marks of approba tion ur of censure ate fceeidden. • I than order the guard to turn out every person who des not conduct himself with the respect due to the Council and to misfortune. The Marshal was then introduced by Captain lieu del n. He took his seat in an armed chCr, in the centre of the semicircular space, in front of his Judge.. several Officers of the gen d'armerie sat at some eiseince feom him, and two sentinels, one of the na tional and the other of the veteran pard, attended I i'l . ill s , PP 0 YIP .4 40 • 0 P. .1 , tr: r• A , 01 r,' , , , , him as an escort. The aceused - Was dreisecYin full uniform, and had a black crape on the left . arm. The PnEstoarrr—What are the names, the place of your : birth, and your titles ? • Marshal Ney spoke as follows : 66 GENTLEMEN-Out of deference to the Marshals of France and Lieutenant-Generals. I consented to answer the questions which Mareclial de Camp Count Grundler addressed tome in their mime ; not wishing to impede the preparatory proceedings or ;iv-unc tions. But now those proceedings appear to be at an end, and a find myself traduced in the mid-a of a Tribunal, I Think 1 have a right to abLt tin fiorn answering questions ; and restraining my opinions, I shall merely convert them into a formal proposition of the incompetency of any Council of War to decide Lipp the criminal process which is instituted against rue. I therefore declare to the Marshals of France, and Lieutenant-Generals, whose assembling seems to me to be the consequence of some new special and extraordinary power, that without the least want ot respect to their character and ranic,•or the least %ish to recriminate any of them, but in order to pre s erve the benefit of the exceptions attached to my titles, I decline the said Council of War, and demand my transfer before those Judges who are assigned to me by the 33d and 34th Articles of the Chatter. 66 A stranger 10 judiciary matters, having perso nalty no knowledge either of the laws, or at tile mode of criminal procedure , I exp ect the indulgence of the Marshals and Lieutenant-Generals, to allow me to state the motives which induced me to decline their interference more at length, by means of my Conn gel, M. Berryer, and I demand for him their kind attention." The PRESIDENT stated that the Council appreciated the motives of the Marshal's declining ; but pre viously, in order to conform to the law, it was neces sary that the identity, the name, surname, &c. of the individual, should be set forth. The Marshal having satisfied the Council upon these points, in the terms above stated, his Advocate took down the words. M. BERRYER said—" The first sentiment I expe rience in addressing the assemblage within this for. 'guidable inclosure, partakes not more of the soothing and consolatory Lan of the feelings of confidence and:security. My eyes are fixed with admiration and respect on this truly august union of the first personages of the state, invested with the military purple, whose names, dear to the country, already belong to posterity. When the Marshal appeared sager to present his justifications, in order that he may return, not only without fear, but without stain i into his family, he refused to acknowledge the juris- I diction of the Council.—What could be the motives for such temporising ? Could he hope to find else. whete more just appreciators of his political or mill. eau conduct ? He should desire to be judged by his brave Companions in Arms, were he not con vinced of their incompetency. I contend, as my first proposition, that no Council of War. not even a per manent Council, is competent to decide upon State offences ; and that consequently, by a pialty or rea soning, you should decline any jurisdicti , n, 1 s h a ll next establish, that you should decline it, because the individual accused is a Peer of hance, of . the lull dignities of which the Marshal is still in possession. I shall prove, in the third place, that the composition of your Tribunal is illegal, even hypothcticaliy, and that no military jurisdiction is invested with a right to-try Marshal Ney. The imposing authority of the. Royal Ordinance of the '24th July cannot establish ' your jurisdiction : and on that point I might say with the Macedonian-.-' Phillip is better instiucted in points of controversy.' " The Advocate then developed in regular order his three propositions. He established, according to the Constitution, that the Chamber ef l'eers is alone competent to decide upon crimes.. of high treason, and of attempts against the safety of the State. He dissimulated next the objection drawn from the Royal Ordonnance of the 6th March, which 'p. Feared to send before the Councils of War all the adherents of Bonaparte. To provide for the safety of the State, behold the power reserved to the Sove reign ; but it cannot be said, that in order to provide for it, and still less after having provided for it, he is at liberty to invert the order of the jurisdictions, or to create special Judges. His Majesty has acknowledged that M. de Valette ought not to be tried by Military 4udges, though lie was named to appear before them by the Ordinance of the 24th July. The Marshal in his quality of a Peer of France, at the period of his imputed crime, could not be tried before a Council of War. Of what importance is it that he has lost that quality of Peer, since Bonaparte on the 2d of,June conferred upOn him a Peerage of a different description ? " The Peers of France have always been tried by the Court of Peers, which has carefully reserved to itself that privilege. What a happy promotion ,was that of Marshal Ney to the Royal Peerage !" ex claimed the Advocate, " since bestoe ittg on the Duke of Elchingen the most conspicuous mark of his Sovereign's esteem, it tendered him the beoefits of a better direction, as it placed him in the high ranks of the Knights on whom there was no stain, and no reproach. Fatal promotion ! Since the re. pose of the world again disturbed, Marshal Ney, surprised, alone, and unable to sustain the storm, has been so rudely torn from his elevated station, that his fall is the more terrible. The promotion ails nevertheless prove useful, since, like to the majestic vessel on which the thunder has burst, it leas es to the mariner, lost in an ocean of misery, a plank of the wreck, without which he might perhaps perish. Under the third point of view, and as Marshal of France, the accused has still the right to decline the authority of the Council. The Marshals are great dignitaries of the Crown. The King styles them his cousins—they do not necessarily make a part of the army. Can they be assimilated to Generals to Chief, for the trial of whom, the law of fructidot, )ear five, has established the forms ? These forms are not ap plicable to the present case, and on such occasions we must be careful how we reason by analogy.— You have (said the Advocate, in conclusion)—you have to decide on this important question, but to open under your eyes the holy volume of our liber ties, the Charter, where are inscribed the titles cal Marshal Ney. Your generous consciences will feel the importance of the deposit confided to thaw.— Decide." General GittlN4lA begun bis plcatlinsl nearly as fell6WS The country, in si state of mourning, sees with pain this day, enter into the temple of jus tice, and place himself amoagst the SICCUSedo one of her defenders, who a short time since was so glori ' nosily distinguished. What a fatal result of our po litital dissentious ! What a fatal error, which brings down the arm of the law upon him who ought to be their firmest support ! In times of 'evolutions, the crimes or faults to se hich they give rise, are not I I always punished with impart ialit y and j uetice. You will set the fine example of a military tribunal deli berating with tali:mess, amidst the effervescence of all the passions, cos the fate of an illustrious - culprit. France and all Ettro...e observe us. We have nit • yielded to any influence foreign to our duty. We shall quit this Court with the knowledge that Our conscience is irreproachable, and without fearing either their opinion or that of poverity. The Re porter is immersed in learned researches as to the origin and priviieges ef the Peerage, on the origin and the prerogatives of the Mai she's of France. — The Chamber of Yeas is, in his eyes, the only tribu nal which can judge criminally in the case of a Peer of France. They have pretended (said he) that a eulot it should be judged according to the degree or qte.iity it, which ha was at the moment of bis arresta tian. They have concluded, that Marshal Ney, having ceased to be a l'eer of France, by the mere tact of his accepting a Peerage limn Bonaparte, has no right to be tried before the C amber of Peers.— This opnion appears ue most hazardous. Every • day individuals, accused of military offences, are brought before Councils of War, Inc cr imes commit ted while they were in the at my, though they ha,! then retired from the service. The decisions of Councils of War can be differed under the relation of the form of a Council of Revision. The tribunal, whatever may be the rank 01 the accused, is always composed of a Marshal, a President, two colaneis, two Lieutenant-Colonels, and one Captain. Would k be consistent to submit to a tribunal so constituted, a decision made by four Mat shals of France, and by three Lieutenant-Generals ? The tribunals, which pronofince in the last resort, should be always of a superior order ! It remains f..r us to trust-to the in telligence and impartiality of the Council, charged with expounding a point of law which ex ample in the annals of our history." M. JOINVILLE, the Attorney-General, answered all the objections of the Prisoner's Counsel, and the Reporter. The competency of the Council appeal ei to bun to be clearly axed by the Ordottnances of the 6th of March, and the 24ah of July. The Charter gives to the King the right of taking, under extraor dinary circumstances, such measures as shall ensure the public safety. Tee Decree which decided on the bringing of Bonaparte and all his criminal 'accom plices before the Councils of %Vier, obtained at the time the universal approbation of the Chambers and the whole Nation. Marshal Ney should be so pew trated when he left Paris. This expession could hot be effaced from his memory, when some days alter be incurred the rigour of the Ordonnance, and thus placed himself beyond the bar of the Constitution. I demand, therefore, that the objection 'be overruled; and that you pass to the cuusideration of your judg ment. The Marshal was re-conducted to the Conciergerie. The Tribunal adjourned to the Council Chamber, and alter hall an hour's deliberation, pronounced the following judgment : 41 Tile Council having deliberated on the question, viz. Whether it was of competent jurisdiction to de ' chic on the case of Marshal Ney a the Council el War, by a majority of five voices to two, declares that it is incompetent to judge Marshal Ney.". The Court charges Field-Marshal Grundler, the Reporter, to give notice of this decision to Marshal Ney.—The Sitting broke up at half past four. CHAMBER OF DEPUTIES, NOV. 10. A discussion of some length ensued respecting the Petition of the Snuff Manufacturers of Bourdeaux. It had been resolved to remit the Petition, pure and simple, to the consideration of the Minister. One of the Members proposed that it should be sent with the recommendation of the Chamber, while numbers exclaimed 4. No, No!" On this distinction it was that the discussion took place. Many Members spoke, and much contrariety of opinion prevailed. It was at length put to the vote, when the Chamber decided the words "'with the recommendation" should not be inset ted in the Proces Vet hal. The debate upon the project of law relative to the Custom duties upon Colonial Produce was then resumed. M. MAYNJER GRANDPREZ explained, that his Ma jesty's Ministers had proposed the project of law, in order to render uniform and consistent, as far as re spected the duties upon Colonial Produce, the dispo. salons of the law of the 17th December, 181/, with those still remaining of the law of the Bth Floreal, in the year 11, winch treated more especially of the regulation of .colonial Produce. In the course of the discussion whickenstied, some amendments were proposed to the original project, which in the end were negatived, and the different articles of the project adopted by the Chamber. The proposed law, generally, was then agreed to by a majority of 312 to four votes by the Chamber. The Deputies then resolved into a Secret Cotb , mittee. MADRID. OCTOBER 30. His Majesty, wishi:►g to take all possible means for the execution ot'f►is Decree of the 29th of May last, which decrees the re-establishment of the Jesuits, his formed a Junta, consisting of the President of his Council, and the Ministers, the Count del Pinar, Don J. A. Larrumbide, Don A. M. Salcedo, &c. who are specially charged with all that relates to this important subject. MAK:TU.I.ES, NOVEMBER 4. On the Ist of November, All Saline Day, the Duke d'Angouleme, after having heard mass at our cathedral church, went on board Admiral Lord Es mouth's ship. The Admiral came to receive his Royal Highness at the quay. Five barges were filled by his Royal Highness and suite, consisting of all the chief functionaries of the city. At the entrance of the harbour, the boats of all the English vessels, drawn up in order and ornamented with flags of all z ,, lours, presented the most pleasing spectacle. To ,muse his Royal Hizliness, Lord Exmouth had given orders that the reprLsentation of a battle should take place between two brigs, at a certain distance, during the sail, On bas approaching ;he Admiral's ship, the Prince irarrsalt ted...by all th e e guns of the dron. Royal Highness visited minutely the A d. mit al' s ship. Breakfast was served up. The healt!i of the King of France was given by Lord Exmouth, amidst a general discharge of artillery, and at tt:, same time the air of Visn. Henry IV. was pl:tyed by the musicians of the vessel. The Prince on hi, re. turn athore heard vespers at the Cathedral. On du. Id, his Royal Highness left our city on his way to Air.. VIENNA, NOVEMBER I. The old plan of rendering-useful, in time (if peac, our troops, who, amidst the reverses and successcs war, have exhibited so many proofs of tractability and obedience, will probably soon be catried iitt4 execifti(4l. The extent of the Austrian morale:, does not permit any considerable disbanding of our soldiery ; and this consideration appears to have in. duced his Majesty to direct the employment of his troops on public works, and especially on those facilitate internal communication. This idea,. take,; up ant: abandoned several times, will ba very Ow,. tageous if piosecuted at last. Ilte points first in agitation are, io'Wontlnct the canal of Neustadt as far as Trieste, to open anothera o serve as a communication between the Danube si l l the Save, and to endeavour to render less difficult the n aviii. ) .ition of the Nlark for intern.d commerce. la Italy, a canal will be formed Ivan Milan to the Pi h , by way of Pavia; another rout from hence to Prager will also be formed, which will avoid the mountains of Iglaw, and be shorter than .the present by four posts. It is to be hoped that these plans will also fac t . litate the internal communications of Cie Hang -4 1 ; 14 provinces. PARIS, NOVEMBER IL We arc assured that the Allied troops will remain in France, in pursuance of the Treaty of Peace, fur three years. The number of the Engaish troop War are canto:red at St. Germain-en.l.lye, amounts to SAO. it is said, however, that as soon as the Treaty is sive.l, s';veral English regiments will embark fJr their own country. The Royal Courts f Toulouse has sentenced to three months' imp isonment, and 100 francs of fine, Mari Facile, of the commune of St. Clair, convicted of se. dutious discourse, of having a tri-coloured ribbaed on her head-dress, and of having placed a red and llai chess-board at her window, er n the day when the white flag was lio:stcd in the commune. Among the Parisian Belles of Fashion, 7')pes of black velvet are wotn, with a velvet knot on ewe stile, and points hanging down. For evening dress white and rose colour toques. Some are of gauze, aimed with silver lama ; others ot gauze and wile united; also velvet ul,,n.eri ;p.n led. h: t itturned Ye u l p lo w w iti sas never i v white.a m rei :r i e corn. no r it. l'ile greater part ot these hats, curled or rolled boi- Jets, but the shape always flat. BRUSSELS .PAPERS. FRANKFORT, NOVFMBER 6. The Works of Art taken by the French from Cat sel, arrived there on the Ist instant. Prince Ilardenberg is expected here. on the 15th instant. BRUSSELS, NOVEMBER to. The Russian army which leaves France takes three' different rot tes: —The Ist 'by the Grand . Duchy Luxemburg, the 2(1 descending the Meuse, • the & by Hanault and Brabant. The Prussian army which remains ie Franca fo five years, consists of twenty regiments of toot, te: regiments of cavalry, and a suitable number of bri gales of artillery. EXTRACT OF A LETTER FROM PARIS, gOVEMRER 2. 4 4 The factions, who cannot relish the wise measure taken by the Government to re•estat;lish order ar, tranquillity, had formed the infernal plot to murdt the King and his family. This wicked enteriair has been happily discovered and prever.ted. It with reason that it has been said and written of t!i Bonapartists, as they respire therefore they conspin, Lord Wellington was for a moment deceived ti the cajolery and brigand words of these cameleori because his great soul gave them creslit for libiri ideas; but he knows them now, and considers thee: as the instruments of a sanguinary tyrant, who, hal pay for us, is banished to another hemisphere. Lordship has acquired the sad experience, that ti from correcting the Revolutionists by gentle trey mew, one renders them more insolent a nd darirg." TilE EVENING STAIt. LONDON. PRICE OF THE STAR. Questions having been frequently sent to our Office relative the price charged to our Customers; and complaints ban . ; also reached us of a difference in the prices charged, we this , it necessary to state, in common with the Proprietors of Ott l'apers, that there are two scales ; they are as : Papers paid in advance for the country ought tole 2 e. 5 911. I quarter: It On credit, 94. lid. perspiarter, and no mars The charge for I STA/ deliveral in London cannot li e more than 7a. per Paper, which is 91. per quarter. THURSDAY, NOVEMBER 16, 181 The missing Paris Papers, those of Sam slay, ce taining the second diry's proceedings on the Trial Marshal NEY, arrived at a late hour last night rig", explain the general point on which the Cowl' War declared its incompetence to try N&Y ; but I' real feelings which dictated the decision has .not, will ever be published, by any osie of the five iy , formed the maiuity of five. We shall do it for the when we have briefly stated the substance of the a gument. Nev's Advocate objected to the competency Council, de!' on the grounds that the Marshal was accused of High Treason ; that he is a Peer of France, an therefore that he ought to be tried by the Chamber Peers : and further, that the Court was irreguar constituted, as a Marshal of France could not I legally tried by General Officers. On the part of the prosecution it was argued th Niy had forfeited the Peerage he derived from ti KING by accepting a Poerag e from Limiaraitis that g tribunal similarly constituted to the prod