The Sun. — London, England, 1829-12-30 00:00:00

IS. I ill' cted Kice !ad. into and the ad' We were unable yesterday, for want of space, to insert more than the result of the trial ; we now give an outline of the speeches, the whole proceed infra being now, in consequence of the recent trials . for Libel in the Court of King's Bench, peculiarly i nteresting. M. DUPlN—Gentlemen ! the Journal des De "is, celebrated for the constancy of its attachment and the vivacity of its antipathies, justly claims the honour of never having varied in its attachment to the Bourbons and its devotedness to the true inte rests of the Restoration. It has, above all, well served both in constituting itself more particularly the organ of those Royalists, endowed with pa triotism and discernment, who, connected with the benefits and the hopes of 1814, soon perceived and proclaimed aloud, that henceforward the Throne Could find no solid support but in the sincere and frank alliance of legitimate royalty with the consti tutional liberties which the intelligence of the age and the wishes of the country equally demand. En tered into the wide career, guided by feeling and conviction, the Journal des Debar applauded itself for having uttered a cry of alarm and grief at the - a PPearance of the triumvirs of August Bth; a cry danger pr o p ort i one d its love of the King to the u a t tlee with which it thought France was threatened fen it saw in their accession to power the triumph entl ,thepr to oc e e n e a d b ir l i e it gsoftow hiche ll ct .er .t e he s U rnts i known amictin g prospects. Better than any other person, the courageous writer who edits the Journal des Debar knew by what men the King was besieged, by what coun cils it was attempted to lead his wisdom astray, and surprise his benevolence; he knew—he had seen in Privacy—h e had heard express themselves freely those men whose prejudices (respectable in some On account of their extreme age, their religious character, and their good faith) are not the less a sourc e of mischievous errors and delusions; he knew also that other species of men, as perfidious as basely i nterested, who make every thing subserve their own ambition, their selfishness, end their insatiable cupidity. It was then to warn, not to wound, not to outrage, that M. Bertin, the elder—this Roy alist, firm in exile and in prosperity—charged one of his assistants, of whose attachment to the dy nasty he was well assured—M. Becquet, a Royalist volunteer of March 20—to write an article which "light r e p resent t h e i r mutua l op i n i ons , an ar ticle he made entirely his own by revising it; in which the lively expressions of grief and regret, of unea siness and anxiety for the interests of Charles X. ar e not separated from those of the country, and in Which the Editor, uniting both in the same senti ment of affection and of fear, exclaimed, in the ac cents of a faithful but profoundly afflicted subject, " Unhappy France ! unhappy King !" The article was written in haste and on the spur of the moment, tinder the influence of the event, in th e midst of the agitation which the circumstance had caused; I know not • if in the haste, tinder the emotion so strongly felt by the author, under the dominion of his personal feelings, augmented by the general agitation of the public mind—l know no t that th e pen of the Editor has misrepresented his thoughts ; • but it is certain my client has always affirmed, and is ready now to affirm, that his inten tion and that of his young friend were never more Pure ; both believed that they were fulfilling a duty commanded by the force of circumstances ; they had no desire to offend the person of the King—God forbid,—whom they highly honour; they only de plored an error, which they regarded as mischievous. They did not pretend to doubt the constitutional Power of the Throne, of which they have always in need declared themselves the defenders, but to rouse the public attention, and that of the Prince, to the probable manner in which the new Ministers would govern France, pointing out before-hand, in the sin cerity of their conviction, all the dangers which might result to the King and to France. An accusation, however, was brought against the Journal des Debats, an accusation altogether politi cal—an accusation of predilection ridiculed' in pre ference by the Ministry, as an expiatory sacrifice, an holocaust to the manes of the Administration before the last—a lesson to be taught to those who had be en called by its predecessors men who were guilty of defection ; a terrific warning finally to those other a uthors who, not having the same service to the Bourbons to plead, must expect to find still more rigid justice. The chief Editor was carried before the Tribunal of Correctional Police, and he was sen tenced to be imprisoned six months for the imputed crimes of ofence to the person of the King, and of attacking the royal dignity. Without any doubt the person of the King is in violable; without any doubt his person is sacred— sacred in itself, and by the august title of King—by the single fact of his succession to the throne, inde- Pendent of his coronation. This pompous ceremony, in times of ignorance and superstition, might have been improperly con sidered as conferring the crown and the royal power by the hand of a priest ; but in times more enlight ened as to the independence of the civil power, and since our ancestors proclaimed an order to prevent the Church from saying that it had a right to take away what it had bestowed, as a fundamental maxim' that the King of France acquires his right from God, and his sword and the law alone—the Coronation has.only been considered, in its true point of view, at a purely religious act; and in this character de serving of our respect, but not affecting in anything the essence of royalty, which might be omitted or deferred, which added nothing to the political cha racter of the King, to his natural and legal power, and to his immediate and absolute inviolability. If his person is said to be sacred, it is only to affirm at all times his holiness, and that he is most venerable in our eyes. This inviolability, however, has no thing in common with the crime imputed to M. Benin, as offence to the person of the King. The whole article, the Advocate contended, was written in a spirit different from that imputed to it. As for the words " break the vow of confidence and attachment," he justified his client by the example of M. de Polignac himself, who, writing in the Con servaleur in -1818, and speaking of the King taking away from Monsieur the command of the National Guard, used the phrase—" such a measure loosens the bands which united the National Guard to the Throne." The Advocate also quoted the circular or M. de la Bourdonnaye, which speaks of" reviv ing confidence;" and a phrase of M. Cottu, who had said it was " that the attachment of the nation Mightobe reconquered ;" and as M. Cottu's advice had not been followed, this attachment is not yet regained.—(Laughter.) I may even quote M. Syrie'yrde Mayrinhac, who, after having said that the King has many enemies, has been placed at the head of the Police to look after those he believes to be the enemies of the King.—(Renewed laughter.) M. DUPIN then showed that to criticise the com- Position of a Ministry was not to attack or doubt the King's prerogative, but to use a legitimate right. It was said the Ministry have done nothing, but there was cause to fear. Long articles of mad de clamation had declared that the majority was the King —the doctrine of Divine power has been re vived; and into this new confession of Augsburgh a doctrine had glided, which substituted a Dictator shop for the Constitution, extinguishing the limited Monarchy by putting force in the place of right, arid by lifting the power of the bayonet above the holy authority of the laws. They pretended to form a majority sometimes with the King and the Chamber of Peers against the Deputies; sometimes with the King and the Deputies against the Peers ; and 'leaven preserve us from a third combination !—for under such a system every thing is possible. If a single stone of the social edifice is touched, the whole may fall to the ground. And how can e expose ourselves to this danger, when there are two' exiles to prove that legitimacy is not a sufficient secuyity against the -strokes of fortune ? At the bottom the trial proceeds from nothing but the ma lice of the Ministers, who, under the pretence of re venging a pretended insult to the person of the King, have only endeavoured to take vengeance for an l o re in' ' and t° o ne d$ ula. the s ce ttl'o Ong rig. irm Fir. lug, ad cee no the ive fer the TRIAL OF THE JOURNAL DES DEBAT& offence to themselves—to intimidate the Constitu tional Press, and create that silence which seems peace to them. Hence the numberless accusations against the Press in Paris and in the Departments, and the declamations of which it is the object. by a party which has never been in power without re quiring the censorship and laws of exception. In our laws, the Press has merited well of the coun try, for it has watched over its interests during the cessation of Parliament. " The liberty of the Press," said the present Keeper of the Seals in 1819, " is the spring and the support of Represen tative Government ; it is our object to strengthen that species of Government, and we must endure the inconveniences of the Press for its advantages. Can7we hope to obtain, after a revolution and under the Charter, a silent deference for the acts of Go vernment? Can we hope to keep down the Press, when an impotent opposition in ancient France only aggravated its unfortunate effects ! Opinion has governed here from the sixteenth century; fac tions invoked it, and authority found a support in it against factions. Satire was even more powerful against the Leaguers than the sword of Henry IV. It was to opinion that Louis XIV. had recourse in his reverses, and from it he obtained resources in 1709 and 1710 against the arrogance of his ene mies. England was violently agitated as long as authors and their works were prosecuted with se verity; arid the agitation ceased when thought could take its boldest flight, without dread of a Govern ment prosecution. By prohibiting the publication of any writing riot authorised by the Archbishop of Canterbury or the Bishop of London, James L only tempered the weapons of which fanaticism made use to destroy the throne of his son. Did the execution of Sydney, and the bloody decision of Jefferies, se cure the power of Charles 11. and of James 11. ? If the Press had not been put down, would it not have informed these Sovereigns that a King, ma tured by misfortune, had left them the wise counsel to place their strength and glory in the liberty of their subjects ? M. Dupin concluded a long ora tion, by explaining the advantages of frankness in governing according to the wishes of the people, having for a motto, " the Legitimate Dignity, the Constitutional Charter, and the interests of France." Then those sentiments would be awakened which are now asleep, but have never ceased to exist; and the last year of a reign, God permitting, would be honoured with the same acclamations which greeted its commencement. M. BERARD DESGLAGEUX, Advocate-General, sustained the prosecution, and quoted the words, " What will they, however, do ? Unhappy France! Unhappy King," as falling within the law. "We would exclaim," he said, " unhappy author 1 who shuts himself up in his own hatreds, and raises his own passions to form those storms with which he threatens his country, and is not afraid, in appealing to discord, to take the responsibility of that which lie provokes. To suppose that the Ministers would do what the writer imputes to them, supposes the consent of the King—supposes that he would re nounce the laws, tear the Charter in pieces which he has consecrated by his oath ; but against those fears you have a refuge in the sincerity of our Kings in their promise, for they never deceive. " You have a severe duty, Gentlemen, to fulfil— you have to repress that licentiousness of the Press, which, attacking all that is most elevated among mankind, sees nothing beyond its reach, and leaves nothing unassailed. If its words were to be cre dited, feeble and isolated, it could effect nothing against objects placed so high in the general venera tion ; and after having boasted of its audacious at tempts, it excuses itself by the impotency of its blows. According to this rule, the more an object is worthy of our respect, the less it would be neces sary to defend it from outrage; the dignity of the King may be delivered up to contempt, and his au thority treated as the image of a vain illusion. You must decide, gentlemen, if these things shall be; these high interests are confided to you, arid society places them, without apprehension, at the foot of your justice -seat. We requ;re for these reasons, from M. Benin, the application of the Ninth Article of the Law of May 17, 1819, and of the Second Article of the Law of March 25, 1822." M. DUPIN replied—lt had been remarked that the Bourbons were worthy of attachment, and al lusion had been made to Henry the Fourth ; but he gave a Charter—the Charter of Nantes—to which he was faithful. It was a great calamity when the Charter was broken at a later period—a conse quence of false councils—and from it resulted op pression and injustice, the impoverishment and the ruin of the State. Henry the Fourth returned from exile with companions in distress; but he did not think of reigning for the gratification of a few—he reigned for the freedom of all. In his reign they did not send secret notes, for he had said to the foreigners-,--" Adieu, Gentlemen, but do not come back," as though he had applied to Queen Elizabeth for assistance in his distress, he would never ask in. structions of this Queen for the conduct of his in ternal Administration.—(Applause.) Soniething has been said of the recent journey of an illustrious Princess. The mother of the Duke of Bourdeaux was everywhere received as she ought to be by the French, for whom the young Prince is an object of hope. He has not seen the antient regime arid the emigration; he will be like his age—he will be sensible that the French who love their Prince, also love liberty, and that he will have to govern a nation which is proud and free. His mother may be convinced of this by the accla mations she heard on her journey, so that it will be a part of the education of the Duke of Bourdeaux. " The conclusion of the Article (M. Dupin said) related to illegal acts which were mentioned for the first time on that day. They might be easily de fended. As for illegal taxes, they ought not to be paid ; and if they were demanded of me, I declare I would not pay them. In a question of property, the State has no right to demand from me anything except what the law has given it. The remainder belongs to me. Thus, if there be no law, there can be no taxes.—(A number of voices expressed appro bation of this doctrine.)—As to the words intel ligent bayonets,' there is nothing to complain of in them. Our soldiers know the laws; they are riot mercenaries, but faithful subjects of the King, and observers of the laws; soldiers to-day, and citizens to-morrow ; and what end would it serve to in crease their pensions, if they are to forfeit all their rights, and if more than is given them may be taken from them by illegal taxes? Let us not make Pre torians now for the King against the law; hereafter they may be for an usurper against the King him self. The army is constituted only to defend the country against foreign enemiei, and - insure obedi ence to the law. It must be employed on things it can perform. A Crillon will always be preferred to Tavares, and a Viscount d'Orthez to him who could be an executioner. It is a bad game to employ soldiers in improving the State. Coups d'etat are the seditious . of Power, and will not succeed against the more than seditions of the people against Royalty. There is for Kings, as for their subjects, one means only to live . in peace—it is to respect the rights of every man—law and justice for all. Never, gentlemen, had I more confidence than I now have in your decision." The reply is said to have produced an extraor dinary effect on the audience. M. Berlin, the Editor of the Journal des Debats, then addressed the Court as follows : Gentlemen,—After having heard the skilful ad vocate, who has been willing to undertake the charge of demonstrating to you, that in the article inculpated there is no offence to the dignity and the constitutional authority of the King, you will not expect from me that I should, on the question which brings me before you, add anything to a de fence so complete; but I think it is my duty to say, after this defence, a few words on my :personal situation. For thirty-six years that I have exercised my honourable profession, surrounded with difficulties and full of dangers, I can render to myself the tes timony that in the Journals, of which I have been the proprietor and chief editor, the Majesty of the King has never been outraged T. , ver have Iwi ten, or allowed to he written, -'never been free), a single line, a hit for ject the defence of those pi oici i des which could alone, in my opinioit, restore to !he legitimate So vereign his usurped kingdom, and to France its lost liberties. Have I been deceived in expressing these principles? Ido not believe it ; but my con science would always contradict the error of my words. Without going back, Gentlemen, to the times which few men now living have seen, to speak only of the Journal des Debats, established by my bro ther and myself thirty years ago ; those who hear me know if I speak truth; the enemies of the King have preceded me, and many years past to render me justice; witness the seizures, the forced flights, the exile, the imprisonment, the banishment pro nounced against me many times, both under the Re public and under the Empire, as an acknowledged and declared partisan of the Ilousa of Bourbon. God forbid that I should speak of these things as boasting; I only did my duty in exposing myself to the dangers belonging to my opinion; so many Frenchmen have suffered,, and among them so many illustrious victims; so many Frenchmen have ren dered more important services than I have, that it would ill become me, an obscure citizen, to claim a merit in making some some sacrifices; but com pelled to refute an imputation which I perhaps have a right to prove extraordinary, I only wrote to re mind my Judges that I am not an enemy of the Throne, and that my past life ought to be taken into consideration in the judgment about to be pro nounced on my present life. The Restoration found me and my associate des poiled of my property in the Journal des Debals.— Even the tenor of the Act of Spoliation may serve as a certificate of fidelity to the King. On March 30, 1814, I re-seized my property, with my brother, in the name of that King who had been the avowed motive for our spoliation. You know, Gentlemen, how the cause of legi timacy was defended by the Journal des Debats, to March 20, 1815, and particularly in the article in serted on that day. Compelled, in consequence of this article, which was stopped at the post-office, to fly once more, I repaired to Brussels, whence I was speedily summoned to Ghent, to edit the official journarof the King, which was the greatest honour and the most noble recompence which I could pos sibly receive. There, under the eye of the King himself, I continued to contend for the constitu tional principles which the Charter had proclaimed, and which the legitimate dynasty alone could secure to us. Louis XVIII. approved of these articles, which a too ardent zeal would, perhaps, now calumniate. Liberty had fixed herself with legiti macy at a few paces from France, and it opened the gates to the immortal author of the Charter. On my return to my country I again undertook the editorship of the Journal which I had esta blished. Never since have I ceased to defend the true interests of Royalty, which appeared to me henceforward to have no other guarantees than those of the Institutions chalked out by the Monarch Legislator. Alarmed for these great interests at the formation of the present Ministry—little accustomed to con ceal my opinions, particularly when the Monarchy is in danger—l desired one of my co-editors to ex press his own grief and mine. After having made such correction in his article as appeared to me to be necessary—l am convinced that any equitable judges, who have heard my eloquent and learned Advocate, will not see in it the crime, the affecting imputation of which leads me to the foot of their tribunal. If the sentiment even of that article is properly understood, it will prove my loyalty as well as my innocence, I do not know if these who undoubtedly believe themselves more devoted than I am to the descend ants of King Henry IV. perform a great service to the Crown in bringing before a Court of Justice these hairs, grown grey in the service of that Crown. I do not know that it is very useful that the Royalists, who have suffered the pain of imprisonment on its' account, should also suffer it by its authority and in its name; but, gentlemen, if by 'impossibility my defender has not succeeded in begetting in you his conviction and mine, I still dare flatter myself, after the few words which I have had the honour to ad dress to you, that no person who has heard me can believe that almost at the end of my painful career I have knowingly wished to offend, outrage, and insult him who was always the object of my respect, of my affection—l had almost said of my adoration. The speech, which was delivered with seriousness, and with the accent of perfect conviction, several times produced a profound impression on the Judge, which every person present might have observed. The Court had hardly retired to deliberate, when the respectable M. de Montlosier went up to M. Benin, and shaking him kindly by the hand, said to him, " My dear M. Bertin, you have reminded me of circumstances that have affected me very power fully; the last time that I saw you was at the Temple—we were detained there together, you know : Ad pias causas." The Judges took three hours to deliberate, and during the whole of that time the Court remained quite full of people, who manifested the most lively anxiety. At length the decision was pronounced which we recorded yesterday, by the First Presi dent, in a firm voice, and with an imposing manner. THE NEWSPAPER PRESS. (From the Westminster Review.) " We cannot close our review of the Newspaper Press in the United Kingdom," says the article in the Review, " without remarking upon the silly affectation of indifference to newspaper opposition or advocacy, which is displayed by some of the lead ing persons in and out of Parliament; nothing is more common than to hear this or that great man, with a sneer, exclaim, Oh, the newspapers say so ;' or, ' who pays attention to the newspapers ?' and, on the Bench, or at the Bar, persons who, but for the newspapers, would never have risen to eminence, appear . to aspire to a notoriety founded upon con tempt for the opinion. expressed in the public jour nals. If the indifference pretended ,to be enter tained by these persons were real, we should shud der to see it tolerated as it lately has been; for if once the Newspaper Press could be brought into general contempt, there would be an end of liberty, and of the constitutional right of discussing the merits of persons iu authority. But it is a mere affectation—an affectation of the most 'childish and silly description—an assumption of independence over that power, the well-directed influence of which a truly great and good man must acknowledge and respect. Nothing denotes . weakness of mind more than this pretended indifference to praise or censure —nothing betrays a desire of emancipation from the salutary controul of the !News paper Press more than the silly and, contemptuous defiance thrown out by those whO profess to be above newspaper criticism. It is same satisfaction to know that all this vapour ing has its origin in weakness; that whilst in public speeches and writings the Press is defied, private sacrifices are offered, and propitiatory mediations are wade, to secure its support or neutrality. It is in our power to show this in the case of the little great men now in office or in the Legislature, but we shall reserve our exposure for a more fitting op portunity. We have noticed the subject, because it was due to the numerous body who have been insulted by sneers of the kind alluded to, to do so, but at present we shall go no farther." . MISS EDGEWORTH'S WORK ON IRISH BULLS.—A respectable farmer to the westward of the "Modern Athens," who is an excellent judge of the " points of beast," and who, we believe, has oftener than once presided at the Highland Society Cattle Shows, lately heard Miss EDGEWORTH'S book on Iri s h B u ll s favourably spoken of, in consequence of which he ordered a copy to be sent him, in the expectation of rec e i v i n g information from it on his favourite subject of study. When the book came, he commenced perusing it with av idity, and hav ing finished it, he said, in a tone of disappointment— " This may be a very good book, but it says nothing of horned cattle."—Elgin , Courier. GUNPOWDER PLOT IN NEWGATE. Of all the idans devised during the last twenty year , perhaps the f.th , wing is the most singular, and had it beer carried into effect the most sanguinary :—The plan 0 , escape alluded to, was to blast with gunpowder the w.,' of the Press-yard, which ;thuts to the south side of New. gate-street ; to effect which, they were to h4ake excava tions of the stone foundation, by getting out the mortar and other cements which unite them, and then introduce parcels of gunpowder—from the depots so formed, trains were to be laid to extend to the stair-case of the upper cells, up which the conspirators were to fly during the explosion, and when the aperture was made to escape in the consequent confusion. Persons visiting Newgate, and particularly the cells of the condemned, are very closely searched, but in order be avoid this ordeal, the prisoners and their out-of-door friends contrived to throw a halfpenny over the wall before alluded to, and this was to stet as a signal, that a parcel of gunpowder was to follow. This plan was not only formed but acted upon, for two parcels lightly wrapped up were thrown over before the discovery was made. Upon investigation, it was discovered that the young man Sandford, who is ordered to suffer to morrow, was one of the most active in the plot, hence he has been placed and still continues in heavy irons. Had not the plot been providentially discovered, the probability is, that many persona would have suffered, as the hour when the snatch was to have been appied, wis that when Newgate-street is most crowded with passengers ; and, strange as it may appear, the wall is more vulnerable there than in any other part of the prison. THE ARMY. (Circular.) War.office, Dec. 23, 1829. am directed by the Secretary at War to annex, for your information and guidance, a statement of the daily rates of allowances to General and other Staff Officers, and to Field and Staff Officers of Infantry Regiments, in lieu of forage for the horses required to be kept by them for the public servive, for the half year ending the 24th instant, agreeably to which the charges for forage will be allowed. I am directed to add, that if a charge at a different rate has been already made in your accounts, the same should be corrected according to the said statement. I am, Sir, your most obedient humble servant, (Signed) L. SULIVAN. Pqmaster of the STATEMENT or THE DAILY RATES or ALLOWANCE IN LIEU OFFORAGE,FOR THE HALF-YEAR ENDING THE 24TH OF DECEMBER, 1829:- IRELAND. Rate of COUNTIES• Allowance. s. d. Antrim 1 7 Down Donegal 1 7 Armagh 1 7 Monaghan Cavan 1 7 Fermanagh Londonderry 1 7 Tyrone Dublin 1 5 Wicklow 1 5 Kildare 1 5 Kilkenny 1 5 Carlow 1 5 Queen's County 1 5 Louth 1 5 Meath 1 5 Wexford 1 5 Galway... 1 6 Sligo 1 6 Leitrim 1 6 Mayo 1 6 Roscommon Westmeath 1 6 Longford 1 6 King's County Cork 1 7 Waterford Kerry 1 7 Clare 1 6 Limerick 1 6 Tipperary 1 6 The counties in which there are 1 6 no Contracts.... Major-General Lord F. Somerset, K.C.8., as Military Secretary to General Lord Hill, G.C.B. and G.C.H., Commander-in-Chief, went through his list yesterday at his Office in the Horse Guards. A few Generals, and about twenty other Officers, trans acted military business with his Lordship. ROYAL MILITARY ASYLUBL—A Committee of the Commissioners for the management of the Royal Military Asylum assembled yesterday morning at the Asylum at Chelsea, for the purpose of auditing the yearly accounts, and entering into contracts for provisions, &c., for the en suing year. STANDARD roe RECRUITING.—The present standard for recruiting for Regiments now serving in the East and West Indies is five feet six inches; the standard for recruits for Corps and Reserve Companies serving at home, is fixed at five feet seven inches. INDIAN COURTS MARTIAL. Head-quarters, Calcutta, July 17, 1829. At a European General Court Martial re-as.embled at Cawnpore, on Wednesday, the 13th of May, 1829, of which Lieut.-Col. J. A. Biggs. of the Qd Battalion of Artillery, is President, Gunner Andrew Laird, of the 24 Troop, Ist Brigade, Horse Artillery, was arraigned on the following charge :-.- CHARCZ.---" With having, at Cawnpore, on or about the 3d of March, 1829, wilfully mutilated himself, by firing a pistol, loaded with gunpowder and ball, through his right hand, with intent thereby to incapacitate himself for further service. " Such conduct being contrary to the duty, and dis graceful to the character of a soldier, and in breach of the Articles of War." Upon which charge the Court came to the following decision : FINDING.—.." The Court is of opinion, and doe, hereby pronounce the prisoner to be guilty of all and every part of the charge preferred against him." SINTENCE.—." The Court does, therefore, sentence him, Gunner Andrew Laird, 2d Troop, Ist Brigade, Horse Ar tillery," to be placed in solitary , imprisonment for twelve (12) calendar months, in such place as his Excellency the Commander-in-Chief may be pleased to direct." Approved and confirmed, (Signed) COMBERMERE, General, Commander-in-Chief. The solitary imprisonment awarded by the above sentence is to he carried into effect within the fortress of Allababad, to which the prisoner will be sent under a proper escort. By order of his Excellency the Commander-in-Chief, CHRIS FAGAN, Adjt.-Gen. of the Army. Head-quarters, Calcutta, 20th July, 1829. At a European General Court Martial, assembled at Dunn-Dum, on Tuesday, the 16th June, 182 A, of which Colonel D. Ximenes, of his Majesty's 16th Foot, is Presi dent, Gunner Wm. Comerford, of the Ist Company, sth Battalion of Artillery, was arraigned on the following charge CHARGIC..—," Gunner Wm. Comerford, Ist Company, fith Battalion Artillery, placed in confinement for mutinous conduct, in declaring in the presence of a Regimental Court Martial, assembled for his trial, on the 19th day of May, 1829, at Dum.Dum, and in contempt of the said Court, that he would shoot Captain Broadhurst, the Captain of his Company, through the head, the first opportunity, or words to that effect; and for twice repeating threats of a similar tendency when leaving the Court." Upon which charge the Court came to the following decision : FINDING AND SENTENCE.—" The Court having ma turely considered the evidence before them, with the con fession of the prisoner, are of opinion that he, Gunner Wiliam Comerford, of the let Company, sth Battalion of Artillery, is guilty of every part of the charge exhibited against him, and do, therefore, sentence him to receive one thousand lashes on his bare back in the usual manner." Approved and confirmed, (Signed) COMBERMERE, General, Commander-b Chief. The corporal punishment awarded by the foregoing sen tence is to be carried into effect at such time and to such extent as the Commandant of the Artillery Regiment may deem proper. By order of his Excellency the Commander-in-Chief, C. FAGAN, Adjt. -Gen. of the Army. NATURAL HISTORY.--Last week, Mr. SwaLzs shot a fine specimen of the Bittern, or bogbumper, on Skipwith Common, which he sent to Mr. CHArmAx, animal preserver, of this city, who is preserving it for J. P. TouLeoar,Esq.— Yo r k Courant. SPIRIT OF TN PUBLIC JOURNALS. There is an opinion prevalent, that some legislative regulations are in contemplation for the Church. We can hardly give these rumours the sanction, however humble it may be, of our unconditional belief. Were we to describe what we think may happen, we should suppose that considerable bustle may be excited, and, under the influence of general terror, more purity and propriety may be for awhile introduced ; and when, according to the irreversible decree to which all human affairs are subjected, matters begin to decline again and ruere in pejus, then a fresh flame will be kindled, and new rigours for awhile practised. However, the doubt of perfect success shall not prevent us from strug gling for every possible degree of improvement, One person, when he comes to be pricked, will confess what portion of the 1,1001. (and under what auspices) he is to pay to the Daubeny fa mily. This, if it exist, is the worst kind of simony. But what, do we talk of simony ? Simon Magus himself would have blushed to provide for his imps and fiends at the expense of the Church of Christ, by so many tricks and shifts as have been disclosed to us. And we know that the Noble Duke now at the head of the Administration, without being a Puritan, is well aware, from his previous habits, of the ad vantages resulting even from high professional honour. The bishops are placed in the church to provide good men for the sanctuary,—not to feed relatives and dirty dependents. We know all the affair of Bexwell, Feltwell, and Tid St. Giles's, and the changes there. How many times can a man change his hand at the game of ecartel,, and lay down and take up fresh cards ? Truly as long as the pack and the dealer last, unless the police step in and prevent the gambling ! Parliament will meet soon, and then probably the subject will be taken up.—Times. We observe a great disposition throughout the country to throw all the odium of the present prosecutions on the Whigs. The Dublin Evenin g Post of Saturday last observes— " It has been said by Tory writers that Whigs in power are the bitterest enemies of the Press, and several cases are cited to prove the assertion. We do not desire at present to enter into the considera tion of these cases, but we may be allowed to say this, that the Whig Law Officers, with the excel). tion of one splendid and pure example in our own country (Lord Plunkett) have shown more touchi ness upon the subject than becomes the principle which they are so fond of inculcating. Sir Vicary Gibbs, we believe, was in early life a Whig, but he was as %licked a prosecutor as Percival himself. Now what has the character of the administration of that Statesman gained by the prosecutions which distinguished its entire course? We should rather ask, indeed, how much it has lost? The Whigs were opposed all along, and most vehemently too, to that crusade against the Press; and had it been continued much longer—had nut the good sense and temperance of the late Lord Liverpool pre vailed, we verily believe that the Whigs must hare succeeded to office." • * • s 4. "With respect to the libels for which the Morn ing Journal has been tried, there is only one of them which, in our opinion, ought to be submitted to the consideration of a Court of Justice—we mean the charge of personal corruption against the Lord Chan cellor of England—and that should be done, not with a view of vengeance against the individual, but merely for the purpose of disabusing the public. As to the libels against the King and the Duke of Wel lington, they are so extravagant and silly, that they could not possibly be productive of harm to any per son but the parties publishing. It is one question —what is libel ? and another—shall we prosecute ? Any thing is libel that the Attorney-General pleases, for he has only to fasten upon an inadvertent phrase, and to deduce evil intention. The information is framed, the inuendos learnedly charged—and the thing is done. But the question which Sir James Scarlett should ask, is not whether ' I may obtain a verdict ?' but what good will a verdict do the Ad ministration ?' We contend for it, that the libels in the Morning Journal have done no mischief. With regard to the second question, we are of opinion that the course chosen by the Learned Gentleman will be decidedly hurtful to the character of the Duke of Wellington's Administration, and therefore injurious to its capacity of doing good. These topics will revive the memory of the discussion, and em barrass the Government—and it will have the effect, we are sorry to be obliged to say, of making the public remember the old tirades against the Whigs, groundless as we know they are in general at the bottom, enemies to free discussion." A Morning Contemporary goes a great deal further : " Half the materials (it is observed) of modern history is composed of the pompous never-ending asservations of this party in favour of the above ob ject when out of place; and a tolerable proportion of the other half in proving their dereliction of that principle when in. In short, with them a clamour for popular rights has always been made a step ladder to power; and the use which they have made of that power has been to evince their hatred of the people, and their eagerness to tyrannise over arid oppress them. The desire to pass the Catholic Question first threw the Duke of 'Wellington into the arms of this party; and the fear of being NOW in a minority without them still renders his Grace their humble servant. We are aware that there are those who attempt to deny this junction. These parsons tell us that there is but one Member of the Cabinet (Lord Rosslyn) who ever was a Whig. To these persons we would reply, by asking what was the Lord Chancellor ?—and, beyond the Cabinet, what is, or was, Sir Jas. Scarlett, Mr. Brougham, and Mr. Calcraft, now all holding gowns or office under the Duke ?—and what were, or are, his Grace's Par liamentary auxiliaries, Earl Grey, Lord Holland, Mr. Tierney, and a crowd of other patriots, whose early political life has been pasted, when out of office, in talking of nothing but public freedom and popular rights ? If there was any one topic on which this party expended more breath than on any other, it was in eulogizing and extolling to the skies the liberty of the Press. In their to►ets and speeches it was called our very breath, without which we die;' and this even at a time vl hen the Press was so violent and indiscreet in some of its movements as to call forth the animadversion and disgust of many of its most reasonable adherents. But the Whigs, good souls ! then wanted place. They ad vanced to storm the citadel, and the Press was the scaling-ladder which they had placed against the wall. The assault, it is true, did not succeed, but they have since gained possession by stratagem; and what is the return they make to the Press, but to render it the object of their bitterest vengeance ? We will not trust ourselves to speak of this politi cal turpitude as it deserves. We sicken at the view which it affords of blighted hopes, and martyred confidence; but this we will say, that as Hannibal, in his infancy, swore eternal hatred to Rome, so ought the betrayed and insulted people of this country to dr test the very name of Whig." The question is not, we think, fairly stated. There are many Whigs who do not share the views of Sir James Scarlett, or resemble him in disposition and character, as there are many Tories who regret that the Duke of Wellington should have allowed himself to depart from the line of moderation of which the example was set by Lord Londonderry. The difference between Whigs and Tories for many years back, as we have more than once stated, is incomprehensible. Any difference must be confined to the greater or less. share of knowledge and liberality pro fessed by the individuals of whom parties are cowposed. A Whig may be a Reformer—he may advocate principles of free trade—he may be a partizan of economy and retienchment, or he may he a determined enemy of Reform, an opponent of commercial freedom, and an advo cate for corruption in its ugliest shape. A Tory may be the same. We know mot what Sir Francis Burdett calls himself now ; but we re mark in his speeches in the House of Comirona, on moving for Parliamentary Reform, he called him , elfa Tory. The late Sir Samuel J omilly was a Whig, find Sir James Scarlctt is a Whig; but is there one principle, one feeling shared in com mon by them? We will not do Earl Grey, Lord Holland, and Mr. Tierney the injustice to suppose for a moment, that they approve of the prestnt prosecutions ; and as to Air. Brougham, his approbation of them is no more to be inferred from his dppeating on the side of the Crown, than his approbation of the conduct of Lord Charles Somerset, at the Cape, because his Lordship availed himself of his talents as a Counsellor. Notwithstanding the nonsense that has been talked in Ireland about feting Messrs. O'Connell and Shell, there is no point, we be lieve, so well ascertained as that a Barrister, if not already engaged, must be at the command of whoever is ready to pay him for his services.— Mr. Brougham is not responsible for the prose cutions; and it would require good evidence to persuade us, in the teeth of tl.e whole tenor of his life, that he approves of them. Mr. Brougham has always sympathised warmly with i'f whatever tends to promote the cause of improve ment in every shape ; he has laboured from the commencement of his public car r to raise the t• people, and to add to their me a n s of -,rotecting • • themselves against misgovernm en t ; and 1... ' is the very last man who will givehis support to principles calculated to place thi Pre ss titii!er trammels, which will dep.ive it of all li,i i!t,ilitYi But Sir James Searlett has never sympsOlid with more than one individual; he has nj . .4'' manifested any of the diffusive philanthropy' of Mr. Broughatineter laboured like him for the advancement of edubitifin; tht dpi struction of abuses. There is iidditlig iii his present proceedings which can surprize one who has attended to his professional anti Parliamentary progress. With respect to Whig and Tories, the matter is simply this :—No set of men under our Constitution of Church and State, can carry on the Government without availing themselves largely of the means of cor ruption. But one set of individuals may be snore liberally disposed than another, One set may obstinately withstand all improtemgnt in our laws and administration, may patroiliid tolerance at home, and employ the power and influence of the Government r in encouraging tyranny and inisgovernment abroad. Another set may, while equally obliged to conduct the Government for the benefit of the privileged classes yet feel disposed to treat the people, in other respects, with kindness and forbearance-- to commit no more injustice than is absolutely necessary. Hence the general anxiety, after fly retirement of Lord Liverpool, and on the deati of Mr. Canning, to see in power those indivi duals who, it was supposed, would contititt the Government on liberal and comprehensite prin. ciples. It was then admitted, that the ditiiticz tion between Whig and Tory was no longer psi existence. There is no intelligible distinction ih the present day, but between advocates and op ponents of Constitutional Reform. The account we have seen of the Constitution a. 7: it exists, is that given by Jefferson, in a letter fti Governor Langdon, dated &tit March, 1810, in the last portion of his Memoirs ; &es just pub lished. " It may be asked (he says) whit in the nature of her Government unfits Englinuf for the observation of moral duties ? In the first place, her King is a cipher; his only function being to name the Oligarchy which is to govern her. The Parliament is, by corruption, the mere instrument of the will of the Admistrati on. The real power and property in the Government is in the great aristocratical families of the na tion. The nest of office being too stnall for all of them to cuddle in at once, the contest is eternal which shall crowd the other out. For this purpose they are divided into two parties— the Ins and the Outs—so equal in weight that a small matter turns the balance. To keep themselves in when they are in every stratagem must be practised, every sacrifice used, which may flatter the pride, the passions, or power of the nation. Justice, honour, faith, must yield to the necessity of keeping themselves in place. The question whether a measure is moral is never asked ; but whether it will nourish the avarice of their merchants, or the piratical spirit of their navy, or produce any other effect which may strengthen them in their places. As to engagements, however positive, entered into by the predecessors of the Ins—why they were their enemies ; they did every thing which was wrong; and to reverse ever v thing they did must, there fore, be right. . . . /n an absolute Go vernment there can be no such equiponderent parties. The despot is the Government. His power, suppressing all opposition, maintains his Ministers firm in their places." Lord Walde grave tells us, in his Memoirs, that George the Second having been accustomed till manhood to a Government of this last description was greatly shocked at the corruption of this country. " Being past thirty," he says, " when the: Ha nover Succession took place, and having since ex perienced the violence of party, the injustice of popular clamour, the corruption of Parliaments, and the selfish motives of pretended patriots, it is not surprising that he should have contracted some prejudices in favour of those Governments where the Royal authority is under less re straint." Corruption and hypocrisy, however, are better than despotism. But may not a time arrive when we shall be able to dispense with them also ?—Morning Chronicle. We entirely agree with an Evening Contem• porary (The Sun) ill the judicious remarks which have recently appeared in it, on the in expediency, not to say disgrace and danger, of physicians being the owners of private lunatic asylums—a practice almost as preposterous as it would be for the two Chief Justices to have an interest in the number of persons committed to the two prisons of their respective Courts. It is one of the misfortunes of the present day that but few members of either of the Learned professions pursue them only for the honour of science.. On the contrary, mere profit, whiel 'used with such persons to be a secondary con sideration, is now the sole and over-ruling one. That diseases of the mind are more common than they used to be cannot be doubted; and, judging from what we see of the conduct and evidence of too many medical men, upon occa sions when their opinions are made public, it would seem that it is rather their trade to make men mad than to cure them of any early tendencies towards that melancholy disea se . Without al luding to any particular inst ance (f or there have, GREAT BRITAIN. Rate of Allowance. s. d. Berke 1 11 Cornwall 2 3 Devon 1 10 Dorset 1 10 Esvx 2 4 Ilants 1 11 Kent Lancaster 1 11 Norfolk 1 11 Northampton 2 0 Northumberland 1 9 Nottingham .... 1 10 Somerset 2 1 Suffolk Surrey Sussex Warwick 1 11 York North Britain 1 8 The counties in which there are 1 11 no Contracts.... COUNTIES. Jersey 1 10 Guernsey: