The Statesman. — London, England, 1815-08-08 00:00:00

ITATESMAN OPFtCE, TWO O'CLOCK. day's Paris Papers have just come to of Saranlay last. The late hour of precludes us from giving more of their than the following, which are the most im. .les s--. Tut GAZETTE OTTTEIET.T.I., ♦UG. 5.3 KI)ONNANCI.: or Tiiv, KING. the grace of God, King of France and to our Ordonnance of the ‘24th last July, isidering that the present licentious state of - Aid the dissolution of the Staff Major, 1 mit of the forming Councils of War In tory divisions, in which there are many per .ere designated by our said Ordonnance, when they committed the offences with were charged. RPport of der Minister, Secretary of War Department, ordered, and do order— 'he permanent Council of War, of the ;y division, is charged to take cognizance Imes imputed to the military persons, desig . Ordonnance of the 24th July last. Minister, Secretary of State for the War is charged with the execution of these Paris the 2d of August, 1815, and the reign. (Sigue3) LOUIS. R EXTRAORDINARY, Slturday Morning. Brune, and the troops under his orders, their submission to the King. ...do-Camp of Labedoyere, and a Secre- Mur •t, were arrested yesterday. Tel of the Spaniih Ambassador is expected k is thought that he will assist at the Tuis, who isqued seditious erieg, were rested at the 'Militaries. It was with difficulty that they mid be kept trout the people. 4111 F THE UUKI OF YokllC. !lancet-tied to stale that kis Royal Highness I all accident in falling on his coming out bath at Oat!awls, about ten o'clock on suing, in consequence of the slippery ir oil cloth, by which he broke his left iral assistance could not he procured for fterwards to set It, on account of Mr. is surgeon to the household at attlands, at Walton, about a mile from Oatlands ig from home, and the length of time it Sir Henry Belford and Mr. M'Gregor, who were sent for express from Lon. id his Royal Highness could arrive. We however, to learn that his Royal High.' 11 enough after the accident on Sunday write litters to the Queen at Lew, the Augusta and tiophia at Windsor, and the tent at Raglan's, informing his Royal rela. particulars of what ihird taken place. — morning his Royal Ifighttess wrote to ►ie tutor, the Rev. Dr. J•uckson, and Is, to give an account of his state. Mr. I, who was nn a visit to the Duke at the to town yesterday about half.past twelve it Henry Halford and Mr. M'Gregor,. iown about two, and retained again to i about two hours. In co►►sequence of the iundless reports that were circulated re. accident, .yesterday the following Ceiti lletin, signed by the principal medical at as handed to the Nobility, &c. IM ers not " Mood is mnitia.e. Ane. 7, 1815. ,o) al Ilighueas the Duke of .Yolk has by a ,~ss~ . . ~:~: NAPOLEON BO N A P-IR7'E. . . . . Prance, and to commence the system of fall broken the large bone of his left arm, half way outrage and spoliation which the French between the shoulder and elbow joint ; hue the dis placed parts have been put into their littoral situa tecased of so widely carrying into effect: tiaa. . His Royal nightie,' has passed a gond night ; I and the other German enemies of he is this morning free from fever, and is going to are now striving to break the neck of on in all respects as favriurable as can be eipected may well stickle for guarantees to their leder the circumstance,. . . tSioed) " HENRY. Iliki,Foßd: r barriers that no human power can again " P. at•ntl.b:Guit." _ ... . , The French Papers give some curious 111. PA ELI AMENTA ET itEPololl.—On Tuesday, Aug. 1, lilitary precaution in Paris, which, if not a numerous and respectable party of Gentlemen treme of tyranny, indicate no small per. dined at the Black Bull Inn, Glasgow, when a num ber of toasts and sen,iments, applicable to the pur: )rehension. The capital bas been under pose of the Meeting—Parlitimetitary RefOrm—were ever since the Allies entitled it ; but to given. Major CA ETWRIG ST was present, and made it has this respect for public order been a very animated speech ; some excellent toilets col. the armed preservers of 11w peace, that lowed • one of which we subjoin, and to the semi. Iment of which every Briton Will add his hearty a 1 subjects of Louis XVIII. are not per- amen :—" The Progress of I.iberty over the world ; ye him a serenade, though his Majesty, ' and may her march be the !Valeria° step." 1 d'Asmoutzse, and the sweeter toned ! The difficulty of procuting an estate equal to the services of the Duke of W Et.i.t Naito'', was presumed itat should graciously lend their ears and had been at leng'h obviated by the otter of the to concert. The very National Guards ,, Great 'few Palk Estate," consisting of near 4000 company of these loyal musicians from acres, in Oxfordshire, within a few miles of Blenheim, of the Thuilleries on Wednesday evening. ' that illustrious record of British valour; it is under iy a Dutch Mail, arrived this forenoon, stood, however, that his Grace has expressed some iciennet, where Gen. Ray commands, has i objection to the county, in consequence of which this unequalled estate is to be submitted to Auction by triendered, though the white flag flies there—.. . 1 Messrs. Routs% on the 19th of the present month. 'ce and Lille, which is in the same situ- The competition et the sale is likely to be very con .cept that the garrison of Lille is* composed 1 siderable, from its being well ascertained that no sort National Guards (so much for the dispo-lof reserved price will be put upon any of the farms; people), the strictest military precau- indeed, the sum asked for the whole is so unusually low, that it is probable some fortunate purchaser preserved. It is not known what measures i will avail himself of it before the auction. \eft or are necesSiry for the surrender of trtant fortresses. It is supposed they have from the Government to hold out. The before Philipperille demand that it shall them only ! ! They have taken Civet, fort of Charlemont, which commands it. Brussels Letters say Lord WELLINGTON'S be completed to 100,000 men effective. troops as they land collect near Ghent, :oceed in columns of two thousand into Eight thousand British are now on their 'lent into the interior of France. MR. EDlTOR,—Avoiding all discussion. foreign to the subject, feeling it my duty as a practising Bar rister of many years standing to give my assistance to the oppressed, and viewing the case of NAPOLEON BoNATAKTE, the late Emperor of France, as one of peculiar hardship, I request you to state, that it is the opinion of myself and other he yers, as well as of the venerable CAPES. Lorrr, that the King of ENG LAND lies no authority, by the law of nations and the law of England, to transport him to St. Helena for punishment, without previous trial and conviction by a Court of competent jurisdiction. lie is a prisoner of war and to be treated as all other prisoners before condemnation, to be detained only for safe custody within the four seas. If he has been guilty of any crime let him be tried by a Court-Martial. If he is deemed a subject of Loots XVIII. let him he delivered over to the French Go vernment ; but let not , his M.:jesty's Ministers ad vise a proceeding which is contrary to law mid dero. gatnry to the honour of the British Crown. From the moment that he entered Plymouth Sound or any British port, he was there as an alien enemy or prisoner of war, or in such other character as he !shall appear to have possessed at the time. Ile was either taken in war or not. If taken in war he is a prisoner of war and nothing more. The fact is, that he had been at war with us a Sexereige., but subse quently tte surrendered the sovereignty of which he was possessed de facto, and twit:choosing to become a subject of France was about to retire to America with the permission of the' Provisional Government of France. Not being able to pass our cruisers he surrendered, chiming the protection of the British Government, which I am of opinion had no right to consider him even as a prisoner of mar, he having re ! signed the Sovereignty and not being taken with arms in his hands. If he lands herr, Government has a right to demand of him stibmission and allegiance, but not to deprive him of liberty until he violates the law. In answer to Mr. LEWIS Gotossmtr, who was once a subject of BONAPARTE by chnic., and received pay from him, I declare that by the law of Rigland, whether as an alien enemy or a temporary subject, owing temporary allegiance, he is entitled to the pro. tection of the English law, sub modo, that is to say, for the protection of his peculiar rights, either as alien enemy, prisoner of war, or temporary subject. The case of RER U. SCIII EVER, tit BURROW'S Reports, 765, does not apply to this sate. Considering him as an alien enemy, he is subject only to Martial Law, or the Alien Act. If the powers vested in the Crown by these laws are PII• ceeded, he has his remedy by Habeas Corpus, or by action at law. If, therefore, he is removed from the Bellerophon to be taken to St. Helena, or can suggest a probable ground for the belief that he is about to be so removed, he or some one in his behalf (suppose the Society for Relief of Foreigners in Distress) should sue for a Habeas Corpus to the Loan CHANCELLOR, suggesting that he had sur rendered himself to the protection of the Crown, in tending to bear allegiance and submission ; that he was not taken bearing arms against the Crown, haw big no hostility to England ; that being brought to England he was detained without bis consent; that some warrant or order had been issued by the Secretary of State,or the Lords of theAdmiralty,for his transport ation to St.Heletta, and thereupon prayitie an Habeas Corpus directed to the Captain of the Bellerophon, or other ship of war, the Secretaries of State atid the Lords of the Admiralty, who will return the fact, or if not, will be liable to an action for a false return. If the Chancellor refuses the writ, he will be liable to impeachment, and to an action at the suit of the party grieved. If the Captain of any ship which transports hint is shot in the act of doing so, it is (if my opinion of the case is correct) justi fiable homicide. If the Governor of St. Helena or any other person detains him, and cannot show a valid authority for it, he, as well as the Secretary of State or Lord of the Admiralty signing the warrant, is liable to an action at the suit of Napoleon Bona parte. The Decree of the Combined Powers, though signed by the Mike of Wellington, cannot jutify any violation of English law. Even supposing him en alien enemy and a prisoner of war, he is not to b. transported o ithout the plea cf alien enemy only applies to such aetions as all alien enemy cannot bring ; hut even a prisoner of war has personal tiOlts appertaining to his per. actual liberty, which cannot be violated by the So; e. reign of Etliand, without subjecting his Ministers to an action at am, Ike. A PRACTISiIiG r" • - • Writs 14010 OitziIT4TESAUN. Csesr.toirr ism. letters . • . . to yourself and to the Editor of the Morning [Aroade, a few days since, expresses in rspinion that a writ of Habeas Corpus may be sued out to relieve the ExAmperor Plar.oixon,thit loch writ is &Mendable of right by that personage, being within the juris diition of oar Courts of Lave, I have no doubt ; but hoar far it may be ierticeeble to him I cannot deter mine, though thus much it Would ascertain—the cha racter of his deaiition. The writ of 11,ibeas Corpus is a mandatory letter directed to the Dilicer haviwg custody of the body, to enquire by what authority he detaiqs, to Which it is incumbent upon him to reply ; tied if not answered satisfactorily, alleging a legal Cause of detention, an tarsier is issuable for the discharge of the Prisoner, and an attachment against the &leer for a contempt. If a writ of habeas Corpus was sued out, I pre ' some the return to the writ would be that he is a prisoner of war ; this would define the nature of his detention, and pUt in issue the question of our power and authority over his future life, and hoW far we may be justified in sending him beyond the limits of Europe for the purpose! of safe custody, &e. The dogmatic Editor of the Timer, rind his foolish Correspondent, Pnueus, insist that we have a right to try the El-Emperor by a Court-Shrtiil l for the murder iif Captain WRIGHT ; and this same Panitni, who pretends to be secs learned, but is, in .fact, very ignorant of the power and extent of jorisdictioa of a Court-Martial, imagines it all powerful dad Pei bracing the void unknown to the common taw. To him and his 'assumptions, silent contempt is, pet-- imps, the best rep's- ; but I cannot avoid suggesting, that some public mark of favour and esteem should be shown to the Klitor of the Times, I understand he is already au LLD. and I think the letters ASS would at once be appropriate and just. By the laws of civilized warfare, as laid down by PCPPENHOUP, GROTIUS, VATTEL. r.:!;1 others, Pri soners taken in rear are to I !':,`i in safe 'custody, or ex grotto, on parole of honorer, darants belle, and al its conclusion must be set at liberty. If we are to consider the Ex-Emperor as a pri soner Of war, it follows that he is entitled to the usages of civilized warfare, and particularly as we considered hint on his last abdication of the Throne' of France, as returning to the situation of a ci tizen of that country, he must be entitled to liberty , upon peace with that country. I know notloar far the laws of France may extend to punish him; but so sacred did our ancestors hold even the persons of Usurpers, that upon their abdication or removal from the Government they could not be impeached for high treason, &c. as appears by the language of the • Ist beta ate, 43, a and b...." By his taking the Im perial Crown upon himself, all attainder of his per son is purged ipso facto, .4 imhout any reversal." It has been asserted by some, that an Act of the 1 4 1.. gisloture is so omnipotent as to give sanction and isw gality to the proceedings against the Ex• Emperor ; but the enlightened writers upon our Constitotion deny the power of the Legislature to enact any thing tending to subvert the funtlametral principles as laid down in Magna Charts, and subsequently confirmed and ratified by the Bill and Petition of Rights : that this would be contrary to their spirit and general interpretation, cannot be denied. , We,are told, in some of time daily Journals, that the Es-Emperor is to be stripped of his property, sent to St. Helena, directed of his attendants, and watched by mercenary soldiers, to whose discretion the power of shooting him is entrusted !! ! To future military adventurers the fate of BONA. PARTC, if such is indeed to be his fate, will incul cate this lesson of political necessity, never to spare the legitimate Sovereigns they may conquer. Ilad he followed tliis maxim, where would have been those Sovereigns who now triumph over him? I so, Sir, A LOVER OF MY COUNTRY. Augubi 5, DILL CLEMENCY TOW.dRDS rns CONQUERED. CYRUS AND CRCEsUS.—WheII Crcesus, King of Lydia, tell, by the fortune of war, into the hands of. rus,. the conqueror, in the first moment of revengsi l resolved to put him to death. Accordingly he pre pared a funeral pile, en which he was to be burned' alive; but Crcesus was no sooner placid upon it than he exclaimed " Solon, Solon, Solon." Cyrus being present, enquired the measklng of these words, and, being answered by Crcesus, that he now found to be, true that which had been told him by Solon—that " poverty teas preferable to riches." Cyrus was so' much affected that he not only spared the life of Crcesus, but even admitted him to his friendship. A t.rx.txneu (or MACEDON) AND PORI:S.-1D IS' battle fought on the banks of the Bydaspes, Perot,: King of an extensive territory in India, being con. quered and taken prisoner by Alexander,*and being asked how he would he treated; he • replied, " As .4 King." Alexander admired the unbroken spirit of his royal captive and immediately restored him to his kiocdom. • i CLAUDIUS AND CARACYACIM..—.4be British King Caractacus, of Welsh extrocttos, 'after fightiog, for a serious of years with the ut m ost bravery in &mice of his country against the Roman's, was at lest defeat. eel and treacherously delivered over to the enemy i who carried him to their Emperor Chtudios. When brought into his presence, Carectacus atltlressrl the Emperor in so t.ohle and heroic a manner, that he not only o.htained his own liberty, hut that of his principal adherents also. The conduct of !the ciptive Caractacus reffs.cled honour not only on himself, but also ou the British nation. liISTORICVS. OIL -4 it. iberties of I iadictive 01 1y ale been ac since. Thej r. France, whr 9. ho her power, safety,—for ne overleap. 'I lances of mi ht; he very sett nC ion of apprt Re • ilitary law uch a height ts. , 'arried by tl eft even the toys tip Wed to giv ' he Duchess D u ke of Br in. mingle in the kickedrifai Ihe the window lho We find hj am that Valencif ill not soriendet At that place ivo atinn, eseept 1 i t entirely of IN Intl SitiOn Of the his floras are pret hla may be taken )ut these imports instructions f Prussians be capitulate to but not the f in The Bran his army is to I D.? All the fresh to and then pro ace France: Lie d.so way from Gh are red ST .als Another d gap hand—.4bove std their arrival the contents than urt partant articl EFROX pi. OR Louts, by vet Navarre , me Referring jog ud eonsideri the he army, at to ors not ado Ito hose militari sons who we erte at the period ley which they w to Upon the State for the ns- We have a Pea Art. I. Tt iG• first military ie. of the crimes sated in our by 2» Our M F 1' Department, red presents. ter 'Given at th- 21st of our r ich COURIF.I2 Marshal 11 rt• have sent its ate Two Aids. cretary of M 111. The arrival is at Paris. k nt.• Congress. Four pers ar• last nigl.t art of the greatest c he fury of the p We are co the exppi ieticrtl of shower I au- Sundae mor try state of some Is. arm. Surgir tea six ho u rs aft Obborri, the ors who resides not house, being Inc took before ! 10 0 the surgeons, slit don to attent aro happy, It sits uess was wet IVs mottling to ine P.iocesses A Pi ince Hegel iud fives of the p Yesletday his venerabll on several other eat Greenwood, ire lime, came t o'clock. Sit ariised in to rif 04tiands in I various grow sc** iPecting the .ficat o Bul iel wt IM 4 Me Ito NAvar, Lytle atbkircie • . gi n. . • . dill die §t. Ann; trOthy . ; from his 111ofeii} 4 s ship dfaiwi, frOin the westward s and • smiled for the River, to be paid otf and the hiiit, from itimi4ca.—Came me &tin front the River 44 oiled the COurier, Shan, for Rio janerie and Strilittg; Reese, fssi• l'aised at the sack of the Soatirt, a dishiest of trans. parts, with troOpi; fiern Porisaieethi far Ostend.' • i 3 o oTBIIIIO UM, AIIG. 7•-- Arrived hii ..Mojeiit ~... • • P Wolverine, from ism!ice..--1114 Norge, that airisedyealerriar avid the id ha; suited to-day for the eistwortl. P•ir.mOirnt, eke Priiiii Packet, with i Mail; froig jaisbesi . te Sailed the Speedy . packet, for Cotsoaa; thi George packet, for the Braids. •••, r• 7) • iIAYMARKET THEdiTlik. • Living in London, i Caricature Comedy; in three . Acts; was produced ['Pre i.n [44 ru , dßy night, from the pen of Mr. JAstrsow, a writer of no nte , itt re. pule among that roder of wits whose froth must be blown way before you can get at their substance, which, when attained, to carry on the simile, like stale fierier, occasions a reri wry face:. or in i omi nous shrug of the shoulder. The spec u lation s on. important, but we should like to ascertain if Mr. JAxi.som's title were deduced from his Play. or the Play groutuled upon its titl , c ;in either ca t .e it bee , mes a misqoiner,as ate" act in prattle part" of" Living in London" can deter be held accomplished and exernd plified, while the detection and dis ; troce of eery art . adduced must defeat its avowed ends, and itivnive the Dramatis Persona in dileintenas this title, to ie. • deem its promise; should iiaci them to 'tied and avoid. The plot of this ephemeron flutters sheet like I moth at candle-light, and; like its prototype, cats only be traced by a transitory glimpse or accidental seizure. The cheracteri are more diiersilled Uteri the pictures of a twelfth-cake lottery, end descend " through high, and lox, and loser," from a states: man to a money-lender, though without Conrreeing in a hill and Want! cl use, • • Like music." • We shall attempt, however difficult as theissitigli'3 suredly is, and imperfect as the execution must pi::: sitively be, to sketch a brief outline of this fascicle( farrago, for the satisfaction of such among our Readers who may not entertain that charitable alien.: lion to the dying and the deid,"which should smooth the pil:ow of decay, end visit tht scent of interment. As this consumptive piece must drop into an early greire, let the subjoined synthesis record its date of existence; tlisiegh it cannot proclaim the possession of Lard Ciaincturco' seri (tooTE) has wedded a fair of high virtues but humble origin, and entertains a jealousy of her rectitude, which is fed by the strata. I gems if Lady Kilkare (Miss Otturtt,LE), who at. lures the Peer into much tenser attention, and rig. Heves hini of !stony considerable sums. Lad y moureouit 01es: BELCIELD) addresses a letter to her. Wolfe's., Neville, which falls into the hands of • Vivid (Jaen.), who had isecaslossally assumed that , name, together with notes to•a large amount, paid to Spectotis, the nephew climax), for the reel Nevilk's dis.•harge from *Timm, the uncle (T ill RY). at whose suit he had been consigned to the iron i ssp , of the law. Virid s misnikes the. Motivee of Lae(a • Clainourcolirl, .68. d entering her mansion f or "ii i i. ; put pose of intrigue,, is Intercepted by the Noble owner, and released by the conniatance of his`insu t ' Motley (MATitEws), who personates a ,physiciani and claims him as a lunatic patient. Lord Mother court is ultimately; detected in an ewk ward, but ih. rumen., interview with Lady Kalkare, ads blood. ; less duel ensues with her dissipated husband (Reg, SELL), which is terminated by a final scene of expla. nation, remorse, and atonement. • The business we have detailei is principally serious, as the comic • interest results from the plans and perplexities of old Speiious to retail' a splendid annuity by preserving the health of Vitlfit, on whose life it is 'secured, and whom he has doirti..• ciliated with his family, to prevent the daegers ass. threatened voyage to the West Indies. Poliphir Specious, the y ounger, is unaccountably a Quaker by the cut of his hat and the colour of his, clothes. ' which are strangely at variance with the ribaldry of his language and the libertinism of his demeanotts. Mr. Tormy, the 'hero * of 'this pert, was chi. racteristically rough, boisterous; and overbearing, straining Isis chubby cheeks by unnecessary inflation, and twisting his features to an unpleasant Menden. like grimace. MATHEWS was whimsically alert, as • the representative of - a battered old soldier, Living in London by the exercise of his wits its the practice* of deception and disguise ; his jargon, however, be came occasionally letlinusiand compelled us to regret that such wonderful volubility should be flung away on a trivial and inadequate object. The other per. formers were creditable and torrect. TERRY croaked through his tack like s frog plaguing FiIARIOII, with dullness end decorum. Joers was bustling. sled Misr: GesSme animated. We must except Mrs..lintortitn and Messrs. Jonescom and heitsom from any portion-of critical lenity, as their nsiserable deficiencies absolOtoly disgraced the equivocal coin. patsy tbey have recently pined. The Lady's sex, of course. •protects her froM further animadversion ; but•the two Kings of Brentford,•instelferable be yond partial mention or passive endurance, we re commend for a severe whipping, at the cart-tail of critical judicature, and nominate ANTONY PASQUIN, a fit hangman for all poetical offenders, to do justice to the job. • Of this Comedy we have little else to advents. It sheds some spat ks of interlocutory vigour, and tscited much mirth by the frequency and neatness of its puns. But, with this admission, we are aware of no claim it possesses to toleration or applause. Its situations are trite, end its characters unnatural; the title we have already tested with mistake, and believe the whole fabric to lie without the compass of example, and exhibit scenes too gross for the depravity at fastiiouable life to realize or conjecture. , s • • • \ • •'~ w