The Statesman. — London, England, 1815-11-16 00:00:00

ilistensiotts ! What a fatal error, sr itieh twineg 'loon the arm of the law upon him who ou i est 'to Le ilb firmest soils:or. " lu time. of rerolutions, the rii , nes or faults to is hid' they :etc. rise, are not ill ett) s punished with impartial ty autl jutie... You will set the fine es eniple of :1 Illi;11111ry It . 16111141 deliberating with calm. nest. amitist the effervescence of all the passions, on the tart of an illustrious culprit. Fl . O flekt Will all Lunar.o observe us. We have yielded to any totitt two f ‘fPiell to our duty. NYe shall quit this Colvt with the knowledge that 0111 conscience is irreprosch. able, and without fearing either their opinion or that of posted, v. " The Reporter is imoier red in learned researches 4111 to the origin and privileges of the. Peerage. on the origin and the prerogatives of the Mar,lials of tnea. T.P Chamber of Peers is, in his eve?, the only tribute's! %Welt can judge rainiiinslly io the csse of a Poor of Frstire. " They have ',retention," 1:(1 " that a outwit should be judged according to the degree or trielity in %hit+ he was at the moment of his attestation. They hate conclude", that Matshal r.:ey having ceased to he a Peer of Prance, by the mere fact of his accepting a Peerage from Bonaparte, has no right to be tried before the Chamber of Peers. " This opinion appears to us most hazardous. " Every day individuals, accused of military of fenses, are brought before Councils of War, for crimes committed while they were in the army, though they had then retired from the service. 66 The decisions of the Councils of War can be differed under the relation of the form of a Council of Revision. The tribunal, whatever may be the rank of the accused, is always composed of a Mar shal, a President, two Colonels, two Lieutenant. Colonels, and one Captain. Would it be consistent to sobmit to a tribunal so constituted, a decision made by four Marshals of France, and by three Lieutenant• Generals ? The tribunals, which pro. nounce in the last resort, should be always of a su. perior order ! •• It remains /or us to trust to the intelligence and impartiality of the Council, charged with expounding has no example is the annals of the Attorney-General, answered the Prisoner's Counsel and the of the Council appeared to him the Ordonnances of the 6th of of July. The Charter gires to of (eking, under extraordinary . measures as shall ensure the pub- Dectee which decided on the bring. jog of Bonaparte and all hi: criminal accomplices before the Councils of War, obtained at the time the universal - approbation of the Chambers and the whole nation. Alarr.hal Nev should he so pene trated when he left Paris. This expression could not be effaced from his memory, when :ome days af ter he incurred the rigour of the Ordontiance, and thus placed himself beyond the bar of the Cottatitu ti 1 demand, therefore, that the objection be over ruled : and that you pass to the consideration of your judgment." - The Marshal was re-conducted to the Coticier genie. The Tribunal adjourned to the Council Chamber, end after half on hour's deliberation, pronounced the following lodgment : " The Council having deliberated on the question, iii. 6 Whether it was of competent jurisdiction to decide on the case of Marshal Ney ;" _ _ " The Council of War, by a molority of five voices to two, declares that it is incompetent to judge Mar shal Ney.' The Court charges Field-Marshal Grundler, the Reporter, to give notice of this decisiou to Marshal Ney. The Sitting broke up half-past four. CHAMBER OF DEPUTIES, Nov. 10. The Minutes of the previous Sitting basing been read, M. DEIZKIII rose to correct an inaccuracy in them, where it was stated that the Chamber, pronouncing on the Petition of the employes in the manufacture of tobacco at Bourdeaux, decided that the petition should be sent to the Minister of Finance, and was strongly (arec interet) recommended to him by the Chamber. He denied that any such resolution was adopted as that of strongly recommending the peti tion ; and he would venture to assert, that nothing could be more contrary to the dignity of the Cham ber than such a recommendation. Whatever might be the facts of the petition, they were not ascertain. ed, and the Chamber should not attach its recom• mendation, except to matters which were fully with in its knowledge. M. ye FoucAun, reporter from the Committee of Petitions.—Gentlemen, after having read the petition et the request of M. de Marcellus, stating an injus tice committed upon certain employes attached to the Royal cause, I heard a voice exclaim "le rcnvoi avec recommendation." I then asked, whether the petition should be sent to the Minister with the re.; commendation of the Chamber. Many Members declared for the affirmative ; none in the negative. M. se MARCELLUS.-it is very certain, and I re collect perfectly, that 1 finished with moving that' the petition in question should be recommended with interest by the Chamber ; and I thought I perceived that the Assembly assented to my wish. lie had, however, a more substantial inaccuracy to correct in the minutes. It was there said, that the petitioners complained of deprivation of office, whereas the fact was, they complained of a robbery which deprived them of part of their lawful emoluments by throw ing them lute a general mass for repartition among others. • This remark being supported, The PasstioxsT declared that the Minutes should be rectified according to the explanation given by M. Marcellus. The original question as to the recommendation again recurred ; and M. Gaoseors, one of the Secretaries, declared for himself and his colleagues, that no doubt existed ou their minds at the time that it was the wish of the Chamber strongly to recommend the petition to the Miuister. a point of law slack war 141 'ous of t ' lllll l4 he competency ittarly fixed by Starch and the-21th o Vie King the right.o eireemstances such m Tie safety. The Decal THZ - STATESMAR. A MEMBER said, he perfectly recollected that M. Niarcellus mowed a particular recommendation ; ,but hail th'e Aiscaohly flaliciently appreciated the imports , auco f Is recoMmetithrtit e ? dis ill ri f• Petition was il l , rt an accusation, which would be, in sqme sanctioned. if the Chati. bet declaim), 'MO _ illy rectmoolentled the reel'• u n iti on of the P ...is. I move that the minutes state, simply, that it was recommended to the anon• lion of the Moister of Finance. M • BLABQUART de BA 11. LEUL.—TIIP minutes should relate faithfully the deliberations of the As. aputhly. The incidental motion, in question, was newer put to the vole; the Chamber could not, therefore, have deliberated upon it. !lad the l're. sident put the question to the Chamber, I should La $a- risen to notice the abuse of particular remit. rneotia ti 0 isq. M. de Bouvrt.t.e.—The recommendation was sup ported by a great number of Members.—( Yes, yes ! from rations quarters.)—What, then, did the l're fle examined the general inclination of the Chamber, and, according to admitted usage, when Uere was no formal opposition, he declared the pin , position adopted. The Order of the Day was called for. The Pitakinver.-1 put the question of the Order of the Day, with this explanation, that if the Order of the Day be carried, then the minutes shall remain a s toey are. After a first trial by rising and seated, much ap. limed doubtful, the question was put again, and the Chamber decided against the Order of the Day. I ) IIIDENT.—It now remains to he decided, whe. ther th.• words strongly recommended shall remain or not. MPs5ll. CASTELIWAC and DELAMARRE were for the minutes remaining as they were, not a yoke hat. kg at the time been raised aping the proposal of strong recommendation. M. DEscrtne contended, that the Chamber had come to no real decision at the titne, which could he formally entered as such in the minutes. M. FEUILLANT said, that the minutes were scru pulously correct ; for the real truth was, the Pre sident said at the time : '• If there is no opposition, then the petition will be put with recommendation." Count CORYLITO, Minister of Finance, said it was not competent for him to decide the question as to the correctness or incorrectness of the minutes; but be would ask, whether it was just, becoming, or politic, for the Chamber to address to the Ministers any recomesondation whatever? Was it not placing them in a painful situation, if, on mature examina tion, and from considerations of justice, they were compelled to see the matter in a different light from the Chamber ! He wished them to examine this point, whether such recommendations might not be attended with serious inconveniences, uithout any correspond ing advantage. A M ENBER.—There are only two modes of toting, by rising and seated, or by a call of names. It is evident that neither of these was practised in this case. : M. de 130t1c1f.f.E.—There is also a third mode, consecrated by usage, and which k is often very reasonable is employ : it was that which the Pre sident adopted, when he thought the great majortl ! were in favour of M. Marcellus's motion, and there was no opposition. As to the question of the pro priety of the practice, the recommendation of the Chamber still lett the Ministers at perfect liberty, and did net infringe any of their rights. The PRESIDENT suggested, that the question of principle might give rise to prolonged debates. The better way would now he, to decide whether the word reconsmendalion should remain in the minutes. M. BEUGNOT thought it right that the more gene. ral question should even uow be sifted to the bottom. If the assembly, by its decision, restrains the free will of Ministefs, it also dispenses with their tR9I/011 , . sibility. —Curler of question.] M. ALBERT thought, that the Minutes should be rectified, as in fact no regular derision was come to. M. PASQUIER was of the same opinion. The fidelity of the Minutes was of the highest im portance. M. nu NEUVILLE, one of the Secretaries, stated the mode in which the opinion of the Chamber seem. ed to be taken. After some further discussion, the Chamber de. tided that the word recommendation should beerased from the Minutes. NOVEIIIIICR 11. The Chamber heard, in Secret Committee, the development of M. de la Bourdennay's proposition, with a view to the promulgation of a law of am nesty, to which some exceptions should he made, in conformity with the Ordinance of the King, dated July 21. The Members of the Committee appointed in the sections to prepare • Report on the law-projest re lative to the Court of Accounts are—M. de 13 luteil ler, M. de Grosbois, the Duke de Gaeta, M. flay, M. Faget de Mere, M. B. in, the Marquis ►te tit. Gery, and Richaud. The names of the Members of the second Committee are not yet made public. GOVERNMENT or TUB Fl MU MILITARY DIVISION, GENERAL ORDER or Nor. 12. Conformably to the orders of his Excellency the Minister at War, dated the 24th of October last, and 2d instant, 'the Military of every rank who are in Paris, or shall arri►e there after this day, shall, in order to obtain permission to reside there, be hound to apprise the Staff of the First Military Di►i. sion of their legal abode, by producing the following certificates: 1. That of the place of their nativity, if not born in the capital. 2. The certificate of the Mayor of their , district, attested by two witnesses, being of the class of prin cipal propriPtorr, and certifying their usual resi dence. • 3. An extract of the personal to' prose that, either by themselves, their portlinB sin guar. diens, they are subject thereto. Every military person not able to,. eoditte these Certificates, must :Plum borne, foe. pose he shall ieceire passports. In case he be a native of a foreign eanintry, or shall not have a family or domicile in France, he shall mention the place ohm he stay choose to re tire) and a pjuport shall be granted Ma to proceed thither, unless another place be designated by supe rior authority. The Commandants of department of the first divil slots shalt observe the same formalities with regard to the military residing in their resrctive districts, confortaig themselves in o her TPil)Pt t, to the orders of Governor Count Maisel'', of the 6th of last Oct. Are excepted from this general measure, the mill.: tory who shall be authorised to contribute to the for mation of a royal go:HA and departmental legions, and oho to this day may not have received definitive orders to that effect : also all those who shall pre/re their title, either by a designating' emanating from the War Mini.ter for some active sers ice, or by a Mi nisterial Authority, to reside either in Paris, or any other point of the Ist Military Division. Every military person w lin, after a lapse of eight days, shall lint have conformed to the disposition of the piesent Older, shall he prosecuted at guilty of disobedience t military In ws and regulations, soil sut:h oveasarcs taken at the case may Perna to require. DLSPINOIS, Lieu. Gen. IA Mil. Div. NATIONAL GUARD OF P ARIS.-GF,NERAI. ORDER, kov. 7. The Marshal commanding in Clzief is informed, that a number of persons belonging to the national guards attend at parade and at their posts without arms, in order the more easily to absent them selves. This breach of the Orders of the ser►ice can no longer be tolerated, and the Adjutants are to send hack and to mat k a% absent nil those who pre• sent themselves without arms at the posts where they are to mount guard. The stpj..r.Genetai Duke DE MORTEN AR. Prefixed to this Order is a docision respecting the Sieur Basnage, formerly Adjutant of the (ith Legion, who had insulted and assaulted soma national guards that were desirous to go to St. Denis, to meet and congratulate the King on his return, in the first days of July, the same Basnage being further, in his constant habits of drunkenness, guilty of outrageous expressions against the Royal Family. There is another decision against the Sieur Montardier, Chasseur of 2d Battalion 7th legion, marked oat for his anarchical disposition, and for frequenting tie little clubs that meet for the purposes inimical to the lawful Government. The Sieurs Menage end Montardier ere on the above grounds dismissed from the national guard, re quired to give up their arms and accoutrements, 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 proper. PREFECTURE. OF POLICE. POTICE ORRIN Iscr RESPECTING FOREIGNERS IN PARIS, I:II.TFD TIIF. STII NOV. The first 8 Articles of the Ordinance relate only to the owners of furnished hotels and the letters of lodgings by trade. They are the old regulations, conformable to the Ordinance of the Bth Nov. 1780, and the law of July 22, 1791. By Art. 9, persons proposing to let apartments, portions of apartments, or furnished climbe r s, t o foreigners or even to individuals who habitually re. rifle in Paris, shall be bound to make previous de claration of the same at the Prefecture of Police. They are enjoined to make an exact report of the Commissary of their quarter, of the names, age, prdession, and of the habitual place of re sidence of the foreigners or others lodged with th e m, within '2l hours after their nrrival ; and that whether they receive lodgers for a valuable consideration, or gratuitudslg under the denomination of relatives or friends. They shall likewise be hound to make de. claration of their departure, within the above speci fied interval : the whole under the penalties pro. pounced in the Penal Code, of from 6 to 10 francs, and of imprisonment of five clays, in case of a repeti tion of offence.—N. B. The above declaration is to be made within three days, in regard to foreigners already in Paris. By Art. 11, the doot.keepers or porters of houses not inhabited by the master of a family, and in i which foreigners lodge at present, or to which they shall come for lodgings in future, are in like manner bound to make similar declaration to the Commissary of their quarter. By Art. 12, the propietors, tenants, door-keepers, or porters shall carry to the Commissaries of Police the passports of foreigners lodged in houses desig nated in the preceding articles. In exchange for each passport, the Commissary of Police shall give them a bulletin, with which foreigners to Paris shall present themselves, within three 'days after their ar rival, to the Prefecture of Police, there to obtain the restoration of their passports, together with a visa of departure or permission to remain. By Art. 13, proprietors, tenants, door-keepers, and porters omitting to make the declarations pre- 1 scribed, shall incur the penalties of correctional po- 1 lice pronounced by law (three months imprisonment, and in case of repetition of offence, detention for six months). FAt.starrn, Nov. 13.—Arrived the Frederick packet, With a Mail from Commis. FUNOrD Min OF C REA!' BaITAIN.--It is taken from the highest official source. The capital of Fended Debt not redeemed the lit of November, is 819,145,3811. !tic. NA. The total annual charge of the debt 41,291,0361. 184. 0:d. Amount of all sums applicable to the Sinking Fund, and applicable to the purchase of Stock 14,131,5481. 91. sid. The Commissioners for the Redemption of the Debt pur. chased in the half year from the Ist of February In the Ist of August 1815, 11,099,1661. capital in 3 per Cent. the interest of which 332,9751. 17s. 7d. is to be added to the Si n kin g Fund, The re - venues of Great Britain were, in 1813 to 1815, by the CJIANcELLOR of the FACIREQUER's statement, varied from 47 to 51 millions; the re venues increasing in the latter years (this statement exclii,ire of the Property Tar. which i 4 estimated to yield 13 to 14 millions annually). In the public de. claration of the state of the Finances in February, before the return of BONAPARTE from Elba, and he fore the least appearance of a war, the C---RANEELEOR of the Excitteura stated the probable Peace Esta blishment 18 to 10,000,0001. annually, end might probably, in a few years, be reduced to 13 millions ; the revenue for the last quarter is reported to exceed any one former three months by two millions of money. }Math. . -- Labatt Gotverthorgh . I lambs' rgq ... Malta 0 PRICE Or STOCKS THIS 4 wor 3 ?Pr Cent. red Oa per Ceztt. O m ,. 6 4 p-r l•eit /5* 5 rer hurry 911 I)AV AT ( H V; Wit. Ann. IcL I•:d.te Borth 6 4 / 7* liazisegice Pll4 2 6 Ornrium 16 Consols for Ace. ail; H Tyl T Fr; S I'4 r* LONDO : TUURSAY, NOY:MBEIt 16, Elf We have received private advires frnm 1 3 , the date of Sunday last, and "the French Jo ur Saturday, Which were wanting, f or u; s hi ng termediate details of the Council of War on M IVEY from the period of the second day to the of tii% Court. ‘Ve are thus put in popsession: groom s . on which the Council of War harm to sit in . judgment on the accuse(l . -Marshal, nature of tie defence which has procured f such a signal triumph for the present, as nen s, further account of the evidence adduced apite Our Readers %bold see from the Papers of ) e3l and the confessions of the Duke of RICULLI the Chamber of Peere, the siteation of amigo disgrace in which the Governmen of LOU/ plunged itself by its gross ignorance in regard mode which its own Constitutional Chart prescril fur the cognizance of such cases as Marshal Nc and by the arbitrary and utterly lawless manner which it had resolved to proceed againct t.im s( those similarly situated. The Duke of RICH was ashamed to mention the ground.; ou which Council of War, whom the Gov roment had pointed, founded their refusal to be the insti tents of it. vengeance. He well might wk. keep them concealed—but they are proclaimed in the language of the most convincing quence to France and the world.—The Charter 1 is express on the subject of the trial of Peers, shah, and Officers of the Crown—they can onl tried criminally by the Chamber of Peers; heighten the odium incurred by (Loyalty in tht tempt to openly violate, and in a vengeful msi this part of the boasted Charter of the Bog; the King is mnde to acknowledge, by specis mince, that this pro•ision of the Coos( dtiol bePn overlookrd, •nd is now in film , . B check and the reproof stop not here. The di tion or thif high Council, pronoupee:i by its ri incompetency, expressed bye oinj •rity (f twn, is, in fact, a denuociaiihn of :he ioj..stit illegality of thrice Decrees of the King. nn the prosecution of Marshal NET befute a Com ♦sar was founded, and by which it %(I? (Irbil attempted to degrade him, aml all oho had the displeasure of Low and his Atlivs, from iii and the station they had earned. The Royal nancee of the 6th of May and the 241 h of Jul ing up to trial, prescription, and vengeance, the adherents of the late Government, if legal, would give Louts a despotic power which even his predecessor never dared to assume. If its of his own sovereign will and authority, by a simple Ordinance emanating solely from himself, could degrade, or banish from their country, ills Peers and Menthe's of the land, and all whom the country were disposed to esteem, changing the haat his own pleasure, the King of FRANCE would, ite deed, possess absolute power with a vengeance. This is evidently what he is seeking, or his party for him ; but this, it is equally apparent, the French nation are not yet disposed to give him ; neither ars they willieg to allow that those who are aczused rd sinning against his Government, have made any great forfeits by their opposition to it. The Council of War does not seem to have made any public espressian its reasons for its derision of incompetency, hut a has, by this act, allowed all the arguments employ,' to justify such a decision, to he The speed .1 M. BERtIYER, Marshal NEY'S Advoeate, is a maste7- piece of eloquence, and will he e.l ad with f ee lings fir different from those which a pprt:%lll a the evitlrocs a rlducrd ht support of the criminntiou, must excite. The gross folly manifested by thy:Ministers of Louts in referring this trial to an ittcentpetent tribunal, list only been eq uel led by the absurdity, and 04e mockery of all necessary legal proof, which has characterisedthe testimony adduced to support the char; -q, icyfile* ing the life and the honour of one of the tnaveFt in France. We hare yet to learn what the Chstoher of Peers may think of it. The Ministers and the BOURIBDIYs are all in the greaseat rage their disappointment, while the Anti-R")+'"`" are triutnpliing in their success, and Feral iitg Int new struggles. Oor Correspondent, whine letter as subjoin, says, that when it was stated in the t II the hear-say-way of all! the rest of the state. ments, that Marshal NEY had a , serted the (P" . Boris were only fit to govern Iroquois. 114 Court was convulsed with laughter, and that eyme feeling was in favour of the accused. The 8 0 1° in Paris has become extreme, and great chilik's are immediately expected. " PRO, Novent'we 11 . " Yesterday (Friday) 1 was present et the C'. o ^' cil of War on Marshal NET. The R411115%10' is bi the ple the ( Ili( [UP not, • gen , Pral COS! par vat Sou bow ladi • ti 15 Si ( 6 p tl N. lc h! a it Paris ! e if, Niro, if the it:. CI Marshal NI he clooe ns of re d' declined of and the se for bi got g l IS Some al irtst Line. tit !3fertlay t :Lieu in so oger and Un Pea Ti :d to the CI eserihrd nil on de inner in co and all (a: ;HELM!' Cr liCh the fin lad op- ref instro. wish to Ift claimed a I tR elO. fe f Charter bi s, Mar. tin only be tet and to t he this at. he manner, Be cnsi, hit Ouli. he inn had Or BM the Ch deela la. Gr snit. 0! the ire Ch to me lice end which wil cle until )itrorily trj We nrnrrnrl the he rank her I Ordi. ily,gis. Fr nce, cat r legal, no 1 . •!•••