Star. — London, England, 1813-07-08 00:00:00

. . Court, however, weessmiendi l d him to and he received 800 lasheS, 16. Smith also stated severs! instances of tyrannical conduct . the part of Colonel Orde pwarlis his officers', ire did ,not wish to la) More upon Colonel Orde than what he deserved ; but it did appear by the Orderly Book, that in the space of only three years and a half there were inflicted on 400 men upwards of 130,000 lashes:a-a greater num. ber than in all the other regiments put together. He , did not wish to suppress any facts which might ope rate to the advantage of Colonel Orde, thd he must acknowledge that the regimental orders did great credit to him, whilst they reflected disrrate on the regiment. It also appeared, that Colonel Orde called two Lieutenants, fifteen serjeants, and nine or ten pri vates, to prove what his conduct was towards the ; officers and men, all of whom stated, that though he was a terror to evil-doers, yet those who did well had nothing to fear from him. The Hon. Gentleman said, he should conclude by moving, that the mi nutes of the Court-martial should be laid before the House; and on this being done he thought he could do injury to no one, since the trial, which had been held in an open Court, had been published. The question having been put, Mr. M. SUTTON said, if in deciding on the Vote be should now give, he had only to consider wha rf would be most satisfactory to Col. Orde, he should not hesitate to give that Vote in support of the motion; and, if he could feel that the Hon. Gentleman had made out a case to the extent he had stated, the mo tion, in his opinion, would be irresistible. With re spect to the prosecution of Colonel Orde, on reading over the proceedings, which he had done with the greatest care, he was prepared to say, that he had never met with one in which so much acrimony, so much unrelenting persecution, on the part of the pro ieentor, and so 'many obstacles thrown in the *ay of the defendant, was apparent, as in the present case. It was not, however, upon these grounds that his Majesty's advisers had recommended that mercy should be extended to Col. Orde. That recommend ation had been made on the merits of the case. In deed it was imperative on the Crown to do so, as puny irregularities had existed in the prosecution, which rendered it necessary. The Hon. Member then entered into a 'review of the several charges, and into a recapitulation of the progress_ of the prosecu. Zion. The offences, he said, were committed in Ha- Pfax—why, then, not try Colonel Orde in Halifax? by let it lie over for a considerable length of time, and then, on the arrival of Colonel Orde in England, revive it; and commence a proiecution, alter a term of more than three years had elapsed ; a delay which, by the Articles of War, proved fatal to the proceed ings, since it was there provided, that no trial should be had for any offence of longer standing than three years, unless an unavoidable obstacle had existed to bringing it forward before. In the present case there was no such necessity for delay, and that circum stance was sufficient of itself to prove fatal to the prosecution. The Honourable Member then pro ceeded to justify the conduct of Colonel Orde, by urging the plea of the necessity of severity of punish ment from the insubordination which prevailed in Co lonel Orde's regiment. Me particularly adverted to the charge of tyranny and oppression, which was said to have taken place in 1807, and let lay by till 1812,1 five years after; this delay was such as to render it impassible that the charge should be entertained on any principle of law, common justice, or common sense. This tyranny was said chiefly to consist in confining the men to their barracks for four year: ; but it Was not Colonel Orde who confined them all this time, the Officer who preceded him, and two who succeeded him, had adopted the same system, and for this reason, that whenever the men went out, • they invariably returned drunk ; if, therefore, Colo nel Orde was guilty of tyranny, so were all those Officers. Under all the circumstances of this case, be was persuaded the House would be of opinion that cashiering would have been too severe a punishment fol. MI Officer standing high in his Majesty's service, i and whose conduct for seven years previous had not only been unreproaehed, but he believed he might venture to say, had been irreproachable ; and of this he was certain, that if the House should not consider the merits of the case as sufficient to call for the ac quitlal of Colonel Orde, yet they would agree with; ban, that the laW of the case did. Mr. COCH R ANE JOHNSTON doubted the pro ptiety of the Hous.e interfering in this particular. instance. Mr. ABERCROMBIE was of opinion, that it was Only on legal grounds, and not on the merits of the case, that the pardon extended to Colonel Orde could be granted. Sir S. ROMILLY obser . ved, that the discustion then going on was a great hardship upon Colonel Orde, from which nothing could more powerfully tend to relieve him th.ln the publication of all the facts of the case. It he (Sir S. Romilly) were the hied Of Colonel Orde, his advice would be, to give the whole of the Trial to the Public. The Honour able Member (Mr. M. Sutton), in reply to his Hon^ Friend, by whom the Motion had been made, ad verted to such cases only as he supposed himt7elt Capable of answering, but was totally silent as to others by tar the most important. Captain Tyon had been detained two years under arrest without trial.— elle private soldier had suffered not only punishment in.:ignity. Was it hinity—was it humanity, to ivaict upon a man, for the mere suspicion of drUn kenness, sixty lashes with the canteen strap—an in strument declared by a Surgeon more severe than that (the cat-o'-nine-tails) usually applied. What must be the condition of a regiment where such pu nishment was thankfully received ? It appeared, that 112,000 lashes had been inflicted between 400 men. The excesses and iniabordination of this regiment was a strong argument against the general system, us it is practised in the Army. It appeared the hequency of offences was proportioned to the severity of the punishment. (Thar, irar.)-- tt appeared that for a trivial offence, a man was compelled to walk with two knap.sacks during an entire day, under a burning sun, in the climate of Bermuda. This man, in suffering agorl7, endeavours to conceal himself ; his offence is called desertion ; he is sentenced to 1000 lashes, 500 of which he ac. wally receives. In justice to the Crown, to the Coun try, to the Army, and to Colonel Orde, the whole of this transaction should be given to the public. Why was he sent back to the regiment, and smarting under a reprimand to meet his accusers? A common man (4 would not ay Colonel Orde, whom he did not • know) would say to his regiment, you wish, for law, ind now you shall experience its utmost severity.. He (Sir S. Romilly) also wished that l Should he decided whether it was now lawful to bring up a soldier for second punishinent, if it appeared that . nawre was unable to bear the execution of the wlrtkle sentence at once; or whether di e so ldie r might not evage it by going into a proscribed regitnent ? He contlided with cond e mni ng th e system o f floggiHg, and et pressing his concurrence in the motion. Mr. M. SUTTON said, in explanation, that the cause of Captain Tyon's not having been tried that most of the Officers who should compose the Court were subpoenaed as witnesses ; that there was only one case of sixty lashes being inflicted; and that Colonel Orde was not sent back to the same regiment, but was then in London. • Lord CASTLEREAGH deprecated the practice of having cases of a military nature retried not only by Parliament, but, what would necessarily follow, by the Public. In deciding upon the advice given to the Crown, all the circumstances should be minutely considered, and he doubted whether Gentlemen would be disposed to take the trouble of such an in quiry._ Sir FRANCIS BURDETT was of opinion, that no case was more clearly made out. The fact urged by the Hon. Mover had been controverted. The case before the House was alarming even to military dis cipline, to which nothing contributed more than up holding, in the mind of the soldier, a sense of protec tion and justice. It was his intention, early In the next Session, to bring the subject generally before the House. The interference ot the House was called for in this instance by its regard and gratitude to those men who had placed the country in a situation which the most sanguine could not some time since have ex pected. Mr. RYDER defended the advice given to the Crown in the case then under discussion. It appeared from the evidence that Colonel Orde had subjected individuals under his command to punishments not strictly legal ; hut Officers of high tank had been led to inflict punishments not legal, with a view of saving the men from a more severe punishment, should they be brought to a Court Martial. It was impossible for the advisers of the Crown to have given any other advice than they had given. The right of the House to interfere was incontrovertible—the question was, would it be prudent or politic to exercise that tight, and agree to the motion of the Hon. Gentleman ? Mr. PRESTON imputed no blame to the advisers of the Crown, th.tugh he should support the motion. Mr. W. SMITH replied, and Mr. M. Stryrom ex plained, upon which the Motion was negatived with out a division. ARMY AGENTS. Mr. COCHRANE JOHNSTONE, in pursuance of his notice, entered into a statement of consiier able length, to prove, that the Agents for the Ord nance and the Army had balances in their hands to a considerable amount, and that the security they gave to the public was by no means commensurate with the trust reposed in them. The Hon. Member concluded by moving an Address to the Prince Regent, request ing he would be pleased to give directions that such balances as remained in their hands should be forth with paid up, and that in future they should pay their balances regularly into the Bank of England. After some explanation from Mr. WARD and Lord PALMERSION, from which it appeared that the griev ances complained of by the Hon. Member did not exist, he consented to withdraw his motion. COPY-RIGHTS. On the motion of Sir SAMUEL ROMILLY, the proceedings before the Committee appointed to in quire into the Petition respecting the Acts bearing reference to Copy-rights were ordered to be printed. PUBLIC CRUM:CALL On the motion of the same Right Hon. Gentle man. Addresses were voted to the Prince Regent, praying that he would be graciously pleased to jive directions fbr returns of persons committed in Eng land, Wales, and Ireland, to take their trials fur ca pital and other offences. AMERICAN COTTON. Alderman ATKINS finding that the sense of the House 'was against the nieAsure which be had intro duced on Ibis subject, withdrew it until next Session. EAI;T•I\DIA AFFAIRS. The House then resolved into a Committee on the East-Inda Biil. The clauses were read, and, after Isome discussion, were agreed to. Mr. HORNER proposed a clause for the establish ment of a Chaplain of the Presbyterian Church of Scotland, in each of the Ptesideucies. A fttr much discussion the clause was carried by a ma,sot ity of :12 against '2l: A long and desultory discussion then took place on the several clauses, to which many amendments, chiefly verbal, were suggested and adopted. The House then resumed, and the Report was or dered to be received this day. i The other Ot ders of the Day were then disposed of, ,; ?Ind the House adjourned at FOUR O'CLOCK. THE EVENING STAR. .ONDON. THURSDAY, JUL'? 8, 1813. PRICE OF STOCKS THIS DAY AT TWELVE O'CLOCK% Red. stl:—Cons. for ace. 58}j—Bonds par 1.. di t. 4 I•cr Ct. 71i 72-5 per Ct. 8$ R6—Ontnium Bank Long Anns. 14i 5-16ths—kich. Bills 5.. 51. pr. We have now received Paris Palters of a day later in date than those of yesterday. They are silent as to Sir Jour• Mtnt.tv's defeat on the coast of Cata- lonia, and we are, therefore, borne out in our ton : lecture of yesterday. That General has merely changed the scene of his operations, and we do not despair of hearing the next accounts of him from a more accurate sotirce than that of a French newt. Paper. The Moire:sr of the 3d rnit. is full of details from the Grand Army. We are again told of the Army of Italy, and toe naturally look tdwards that emit:try with the hope that a storm is gathering : it is evident; at least, that BONAPARTE has some grounds for alarm there; but whether from the wary policy of Austria, or the more open rebellion of MURAT against his Master, we have not evidence suffitient to enable us to decide. PRESIDENT'S MESSAGE AT THE OPEN. ING OF THE AMERICAN CONGRESS. We have received a copy of this important docu ment. It was delivered upon the 25th Of May. Mr. MAinsore begins by stating, that the Emperor of Russia, early npon the breaking out of the war between Great Britain and America, offered his me diatiim, which was immediately accepted by America. Two Envoys have been accordingly sent to St• Petersburgh to negocitite, and also to form a sepa rate commercial treaty with Russia. The Message asserts, that there are now no ade quate motives for Great Britain to continue the war. It once more denies the right of search, and alledges that America, by passing the Bill for preventing the employment 6f foreign seamen, had done all that can be reasonably eipected ; and all her conduct to wards Great Britain, has been marked by 44 studied' Pairness." On the sUbjett of the war how waging, the PREst• DENT maintains, that it is carried on by the British 4 , with savage fury on one frontier, and on a sys tem of plunder and conflagration on the other, which are equally forbidden by a just respect for national charActer And the laivs of civilized men." The Message then alludes to- the action between the Hornet and Peacock, as a brilliant naval achieve :mot ; and mentions that 22 augnientation of the naval tcrce of America was in progress. M AMON then states, that the events of the campaign by land furkished topics of congiatulation, and enumerates the attack and capture of Fort Yoi k and Fort Meg:, and the superiority of the Americans on the Lakes. The sudden death of JOEL BARLOW, it asserts as the. reason for the protracting the final adjustment of the differences viith France. The PRESIDENT next exhibits a view of the finances, and compl.tins of the deficiency in the receipts for the year. Additional taxes will therefore be neces sary—for no loan can be effected.in future without a steady source of revenue. The last loan of sixteen millions was obt.titted at the encrmitts rate of seven and-a-hall per cent. From this cause the Message concludes with a for cible appeal to the ecergies of the American people, in order to enab:e the President to continue the war, which he again maintains has Wen entered upon for the preservation of the clearest privileges of :hat merous and deserving cl:lcs of the con;munity, who by their prowess have contributed to the glory and honour of their couiary. The above is a correct analysis of this imp• runt document, the whf)le of which shall be given in the STAIt to-morrow. Two Gottenburgh M.nils arrived this morrfng. Their contents, so far as they relate to the emo tions of the CROWN PaINCE of SWEDEN and his AUDI, are interesting, and we may add, satisfactory. The American Plenipotentiaries have arrived at Copenhagen, there to imbibe fresh animosities against Great Britain and the cause of Eurorc. We can indulge in no hopes of peace when we know that they have commenced their diplomatic tour by a visit to Copenhagen : " GOTTENBURCH, JULY S. " A Gentleman who left Stralsund a few days ago states, that General Tschernecheff has received orders to place himself under the command of the Crown Prince of Sweden, whose army will n, , w amount to between 70 and 80,000 men. Some trifling affairs have taken place between the Swedish and Danish outposts. “ The Russian German Legion, consisting of 15,000 men, has arrived at Rugen, to rut itself under the Crown Prince's orders. " It is positively said, that Bonaparte sent an Aid de-Camp to the Commander of the Russian forces, acting under the Crown Prince, to inform him of the Armistice, and that according to it he was not to act hostily against France ; who replied to him to the following effect :—' That although he was Corn mander of the Russian corps, yet being placed under the Crown Prince, he considered himself for the pre. seat time as one of his Generals, and would conse quently follow any orders he might receive from him.' 4 • Letters received from Berlin, dated the 21st of June, say, that the Prussian army is quite enraged at the Armistice, and even riotous on account of it. •l A Treaty concluded between Great Britain, Russia, and Prussia, is said to be very advantageous to Great Britain." Yesterday about two o'clock the QI:FEST, Princesses ELIZAgITII and MARY, left the Queen's Palace for the seat of the Duke of KENT, at Castlebar-hill, from which place they proceeded to Windsoi. Previous to her MAJESTY and the PRINCESSES leaving the Queen's Palace, they were visited by the Dtikes c.f YORK and CAMBRIDGE, and a great number of the Nubility and Persons of Distinction. We are glad to hear that his Royal Highness the Duke of CLARENCE is considerably better, although dot yet well enough to return to town. It is not Irun, but Iranzun, about 15 miles from Painplona, and 50 from France, at which the Mar. quis of WELLINGTON was on the 24th of June, the date of his last dispatches. Asinsw NIXON, Esq. a gentleman of fortune in the county of Meath, returned home in the middle of last month, from a confinement of upwards of four months in a lunatic asylum., He liar. brought an ac tion against ALEXANDER JACKSON, Esq. the Deputy State Physician, for his confinement, is which he has laid bia damages at £40,000. THE Akivii. • Stiong detachments cif the 48th, 77th, and regiments passed thrones London this morning their way to Portsnsontis s to join their gallant rides in the Peninsula. Fifty horses; and twenty men, from the two aunts of Life Guards, left town thi, day, for I mouth; in order to embark for Spain. Major• General Morroostaats has assumed the mand of the Glasgow district. , With the lame that was attached to Lieutenant-General Par= NA PA I, INTELLIGENCE. Nbs 'me ••••=•.• No further accounts had been received at the miralty when this Paper went to Press of the cap or the Chesapeake frigate.—Of the fact itself there be no doubt, although the Officer with the dispati has not yet arrived from Plymouth, on account Li distance from the Metropolis. Captain CARDIN, late of the MACEDONIAN frig which was captured by the Anatricans, surivec Admiralty this morning, from Halifax. Cap CARDEN knew nothing of the affair between Chesapeake and SHANNON until he came to Lni., although it was reported that he was the bearer et dispatches. FALMOUTH, JULY 5. • I Arrived the Atriericin ship Wittrit to.jl the olitw3rJbourd. —Nothir.F fi ont or f .r a - void al ved or s.ii:ed N.E. to S.W. PLYMl.trni, JULY r. Passed by this port yesterday the outward.bo, Mediterranean and Listvm convoys —rent tip harbour to be refitted his M tjestv's ship Dtmcen 74. gu.,s, C in LAMBERT. Arrived the Sitanr, (r u n l'o-tsmotith ; Commerce, itotsvn , And John, OLnituNE, from London.—Wind pGR rsMOUTH, JULY 7. Arrived his N:ajesty's ,lipsWANnenta and Mt TOE, from the Dn.+ ns. —Sailed his M jesty's ship PIIIA, Avid' dip.itches for off Clierbourg.-1-lis jesty's s"iip Mist.l - .TOE will Like convoy b.tck to Dowr s.—Wir.d W. DEAL, 'UI.Y 7. Came (!own from the River the E tgle, Wvril for the S 'ut!i Soas, and several mere, pa.ticularsj known, aqd sailed with the whole of the outwil hound, c"rvoy of . the ANT cutter, for Poi month.—Arrived the Rtso'ution hired cutter, fr off Ilt:sh:ll,l.—Wind E.SE. IIARW;CII, JULY T. Attired Cie Frances peke:, w:th a mail a Pass , l4 , 7s, from Gottenburgh ; and Pat! ioten, CAI BURN, I.c•Jon, bound to Gottenburgh. bavi beta ra.l (41 sea by another brig, And 1 an anc!wr and c.t: 1,! —Sailed die Auckland pad for lielii;oland, and the Be tufoy for Gotteaborsh. Wind Sot;!'. WHITBY, JZ:I,I 6. Art ived yesterday wl p Nep•rne tt • F.)rt, Captain LEAD!. cv. tram Ca.ttmlotrgh, frt wh:suce she sailed ( n Friday lAtt, 2.1 instant; in ca pony with abc,ut )O, cons . stin . q cttr r sports a mt rchant vesels ; Farzed from them tat a Heavy at N.N.L.—wind S. S. W. LTMERI"K, rui.v S. The Captain of the Foi privateer, whi. I) has do so much damage to the trade on the Irish coast named STEwatrz . ; he was formerly master of oue the regular traders between Londonderry and lasi pool, but was discharged for misconduct by his owe at Derry. The privateer moutits 20 guns, and bai crew cf 150 picked seamen. A fleet of about 160 sail arrived at Gottenbn troal the Baltic on the SOth ult. and sailed for En land. The next day another fleet of about 60 al.° arrived at Gottenburo from the Baltic, all would Frneeed for Lngbnd witiwut delays The Watson, GREGG ; an.l Eizabeth, H • from Maranham to Liverpo: I ; and another bil name unknown, were taken 3oth ult. Off Doiegl Bay, by the Yankee American privateer, 01 19guni and 90 men. The pi iVateer captured the Th LYON, from Maritih.im to Liverpool, and a cutter be lunging to Londonderry, a few daysb.t re. AMERICAN PRIVATEER.—EItrAct of a letter frog the &Lister of the aphne, atted Tl,lirs ,, , 29 h Joht " Being three leagues W. by S. irorn Cape Wrath. saw strange ve.sel coming out of the sea, we's* proved to be a Anterican privateer, mounting ten guts, baying 70 men c board, 30 days f. ont L'road Island. S . lad captured two brig before us : on tt:e 27th, at four hi the utt etruun , we were eel lured; at right that flight he welt two shave, our brig, a schooner, abreast of the Cape. He tightened the Daphne, an sent her to America, and g.ut me and my crew on board the S Sisters of itiveikehhing, and sent us about our businees, of t-king both my egtiatirarte and a I my charts: they behaved yet well to us while on board the pneateer. They took the ope, K.ri:wall, the sun... morning as the Daphne ; hut not thinku her worth v, Lite ; put the crew on board, an I seta her away.- The Captain's grandfather was a Greenock man, and I have ever re. sun to bthe‘e there are too many Scots alai nsaglish on her. We were Lulea with slates from Eastiale to Leith.' Thanks were last night unanimously voted by both Houses of Parliament to the Marquis of %VEILING. TON, the Officers and army under his command, fct the skill and valour which had achieved, on the 2lst June, the decisive and splendid victory over the French army near Vittoria. In the House i•f Lord:, Earl B* Beast' particularly mentioned the death of Lieutenant-Colonel CADOGAN. " A brave rcr more meritorious officer," his Lordship said, this country never possessed. When he received that wound in the engagement which soon afterwards `roved mortal, he desired his soldiers to bear him to a neighbouring eminence—there he leaned his back against a tree. • and continued to gaze over the battle until his eyi were dosed for ever !" ACCIDNNT.—Last night, as a gentleman's carriage; was passing rather sharply through the turnpike at the Surrey Theatre, BlackfriArs Road, a young boy, genteelly dressed, attempted to cross the way, buti unfortunately fell helore the horses, when the coach-1 man, not being able to draw them up at the instant,l went over bin!. The boy then attempted to run off, but instantly fill down, and was taken into a house adjoining the place, where, on medical assistance mt• tending, it was discovered that one of his kgs broken, and his body so dreadfully bruised, that oa t beget wen: animism' of his recovery.