The Sun. — London, England, 1823-03-26 00:00:00

. . the c.oncern, at the expel:tee of all the Capital he hid embarked in it, but as the partners declined, he consulted reepectablela w. yers, who advised him to get bills drawn upon him and to ateeept them in the name of the firm, with a view of cenripelling the partners to come to any equitable settlement. Shortly after ono of these bills had been presented for payment, eome scandalous placards were struck up in the town, casting the greseest and most unfounded aepersions on the character of Co'ionel Home. As soon as Colonel Home was informed of this--cir curestance, he immediately took measure's to repel the were eion, and a person was employed to meet the beadier of Colonel Home to investigate the whole transaction. This person, Who,' it should be observed , was a n agent of the opposite party, atl. mitted that nothing , cough •be more honourable than the con duct of Colonel Home. That officer subsequently received es. letter from Lieutenant-Colonel Hill, in which he was in formed that a Court . ,of . Inquiry would be held to, inCeeti gate certain transactions in winch he was said to, be hnpli , cased with the firm of etialisburY and Co. • On, requiring a specification of the chargee, principal another letterAom Colonel Hill, in which the points of charge Welt btiiteet to be his accepting various Dills, rom which he was ree s t ra ined by the articles of partnersh i p ; his peesisting and swear. ing hy . effidavit in the Court of Chancery that he wax ignorant of the existence of thotie articles, wben persuadingould be proved that they lied been delivered to him ; and his Quarter :banter Wagon to personate him, and receive in that character the in.. junimion of the. Court Of Chancery, restraining hint from accept. lag bills. The Court me t on the 2fi t h Jan.. 111 1 1 1 , and o n the 30th, came to certain resoliiiions, which be (Mr. H.) had no he.. sitetion in declaring to be most loosely, vaguely, and illegally drawn up. They were directly contradicted by the evidence, and if this were civil case, would justify a monon for a new trial. The first resolution stated, that Col. Home was a partner in the firm of Salisbury and Co e ,. but this feet had nev er been p roved to the Court. Ile (Mr. 11.) did not mean to deny that Col. flame was a partner in th e concern ;—(Cheers from the blieititerial benches), but Still it was material that he had . not•beere proved to be a partner. Besides the time at which eke partnership commenced, which was another material point ''as not gutted. The secon d Resolution a the Court • tittiall ; That Colonel Home had in a letter expreseed himself perfectly satisfied with, and gave his consent to any ere of th arrange e ments which might be made by the managing partn concern. There was not the slightest truth in this statement, and to prove this, he would read the letter. The letter merely St the Colonel's readiness to agree to any purchase which bad been made or which might be made, for the benefit of the concern.—(llear ! from the Ministerial benchee.)—There WAS a great difference bet Ween the words " arrangement" and " purchase ;" for though the Colonel was ready to agree to any special purchase which fad been or which Might be Made, it ea di r I) d not Appear thathe was ready to agite'to any thing' lse.—( H Another Resolution declared that Colonel Home had drawn bills to a very large amount, in violation of an agreement which he had entered into with his co - p artners, and a-fourth Resolu tion charged hint with taking measures to avoid the Lord Chaes. n cellor's injunction, by prevailing upon Quarter -Mr W ton to receive it, anti further stated that the officer serving tha: injunction believed the Quarter -Master to be the Lieu. tenant-Colonel. • Celonel'Home subseque ntl y received a letter tram Colonel' 1181 , in which the latter officer stated that he was commanded by the'Duke of Gloucester to inform him, that ater the proceedings of the late Court of Inquiry, he (Colonel Home) could not remain in the service, 'unlessliis conduct were cleared by a General Cotirt Martial. The letter further gave hint the option of abiding by the decision of a Oeurt Martial, or of selling his Commission. • OA. Home immediately demanded a Court Martial, and he Was informed in another letter, that the Duke of York had issued the necessary orders fur convening a Court Martial with the least possible delay. Every thing wait going on in the usual train, by which alone an accused offi cer can clear himself from any charge that may be brought 'against his character and honour. The whole of the evidence was submitted to the Adiocete-Gcneral, whose duty it is on such occasions to draw up the charges. On the••loth February, 1018, the Judge-Advocate cane to this conclusion : " that Colonel 'Horne had been induced to enter into a commercial speculation by persons whose honesty and fair dealing there was strong reason to suspect; that he 'luta been 'recommended to accept bale drawn upon the firm in 'Order to bring the pert.• ners to general settlement, 4ind that -It was bring no means clear that the partnership concern was not liable for these bill ch s." was a question, therefore , involving civil rights whi aught by no means to be made the . eitiejeet of a enilitary ' intresti , - gatton. With respect to die allegation, however, that Colonel 'Home lied denied having received 'ft - Cony of the agreement tt'pon which the partnership wits 'foun(led, than 'charge, air. tioubtedly, affected his character es an officer and a gentleman, butt, upon ti ,in point, the evidence was by no means clear. Ott the contrary, he had sworn, in answer to it bill flied against hint in tlitancery., that he had never received a c o py of such an agree. ment, and that allegation waist be taken to be true, since, if it were false, the Coiotld, Was liable to, e indicted for perjury.— WWI respect to the chargecif his Laving preruiled upon Quer ter-Master Nireston to receive the injunction of the Court of Clutn.• eery, there was no .evidence that Col. Home had received any notice that such a process would be issued against him, and the allegation itself was contradicted by the Quarter Master. Upon the whole it appeared to the Advocate-General, that justice could not ' be done to Col. Home by it Coiirt Martial, but that a '4!ourt of Inquiry, where the proceedings were lese - preeise and. formal, and where more weight was given to opinion, thin to rules of evidence, was in this case a much more satisfactory tri-• lonal. Hear this, ye lawyers, exclaimed the Hon, Gentleman, --if there be any lawyers in the House, and • wonder while ye' beer ! A court-martial was bound to administer justice on' oath, to examine witnesses on oath, and was not got erneth by, Opinion, hut by evidence ; whereas a Court of Inqiciry was net sworn to administer justice,--had no power to 'summon witnesses, or to call for documents, and yet this very tinction, that its proceedings were grounded by opinion, and not by evidence,. wars that on which the Ad vocate. General u • fondal his opinion, that it was a more satisfactory tribunal.— There was no term 'of reprobation which it did not merit—no epithet which was severe enough for it. Ile would entreat the • ilietse to bear in mind the consequence, if such Courts were al- . lowed to decide on such matters. This officer complained that he had been placed in a situation which was unpleasant in the ex treme. He had been tried by a tribunal that could not 410111111 .i!istite. It was monstrous to state, that if he could not get ,rustic- from a Court-martial, he would get it from a Cnort of Inquiry. The case Was this: did Colonel Home, when lee drew the bills, or when they were draWn, do it 88 IL Consent ing party to the terms which had been agreed to in 1813 ? lie would say, that he did not ; that heehail never received intimit. /ion of these terms, and did not, in fact, know of their existence. —Were the Honourable Gentleman detaikd and commented upon the evidence which hati been laid before the Court-matn es) in 111181, and from that he contende d that Col. Home Wan trot aWare, that in accepting the bills he was acting contrary to any. terms of a e e ment of the partners ; that in p rocurin g Quartenneeter Weston to receive the injunction he did net wish that oenoeniao to personate him ; but that in hint and whole 'vase he had acted by the ad dict of his begat Agents, • that consequently he must have concluded that the whole of hie conduct was legal. The had been proved by the testimony of the evidence ageinet Colonel Home, and he (Mr. G. Bennet would challenge the Noble Lord opposite (Lord Feline - Non), indeed he would challenge any man to point o ut a sin g le tittle a ev idence upon which the ease rested. Was it to be induced that a Gallant Officer, who had served his' country so well for the long period of eighteen years, should have upon such a 'charge and at the suggestion of such a Court, been stripe' of hie name and his - rank ? It should be borne in mind that 'the Court had been instituted for one purpose and used for *nether. Ile did not mean to enter into the question of Courts of Inquiry. When considered - in the same light and used for the same purpose as Grand inries, they might have their advantages ; but at courts of decision they were illegal ; and' lie Would appteil to any wain whether he would wish to have his fortrone at the meecy, he would saythe caprice of a court where the judges and the witnesses had, no responsibility. He Mr; Bennet) hoped he had now discharged his duty. He had ; lie hoped, contributed to set up a man in some degree to that cha racter, and the soeiety of those ancient officers with whom the teidlant Colonel had associated. The lion. Member concluded by moving for a copy of the Minutes of the Court of inquiry, and all toe documente in the matter of Lieutenant. Colonel Home, late of the $d Guards, in 1818. This motion being put, Lord PAIAIERSTON rm. He would leave the military 'diameter of Col. Home out of view, as it had really as little to do with the present question, as that queetion, in his oyinion, had with Parliamentary Inquiry. lie really did not think the case one that would call for the production of a confidential corn- Munication by a vote of the House.. The case was as plain as it was brief. Colonel Home had entered into a certain mercantile speculation ; anti when he found that speculation was not likely to be profitable, he had attempted to withdraw his capital, by means which had been thought unjustifitha t able. H was e had be rant come a partner by purchasing wa ; and Ile igno of the terms of the co-partnery would have been no excuse for Alan, as he ought to have informed himself of the groands • upo which he had invested his capital. Finding diet the • apeeulation was not to turn out well, he had attempted in the manner which had been stated to withdraw his capital. Now the whole, capital was 27,0001. and of this sum which had been advanced by the Colonel was 3,100 f. Now from this it was evident that not he but his partners would have had brotherbear the greater %bare of the loas. !still he had authorised hito draw 1411 s upon him, and these bills he had accepted in the ;me of the Company, and thus made his partners liable.— Thie liability had been stated on the opinion of a Court 'of 10; ,and that the bills were drawn by Col. Hotnes brother, Much the maMe as if they had been drawn by himself.— /ite int bill* had been accepted for no Value, and peculiar ellen ' Pah ha been W put them into circdation. They wee in the hands of makers of combs anti umbrellas, : and sellers of cloth. Now , up on what g round could he think himself justified in doing this ? Had he entered into, the business voluntarily—or had he entered int o it blindfolded? —lle was come to those years at which he might be sup posed to manage his own .:concerns : and though tie spe. ciliation which he had entered neon thus Voluntarily, had not turned out profitably, that Wits no reason why he the smallest partner should be the firsteo withdraw 'till hie canitalV and not all his capital merely, but even more, tbr lie had drawn to a. greater amount,—especially *lien it was done in a manner which could not be reconciled with honourable proceedings. With regard to_ the question of his ignorance of the turrt, diet was not clear.— lie had indeed mentioned the letter of the partner in which the Copy . of the articles were said to be inclosed, as containing only one inclosure, and not two as w ere alled g ed, but then he 4 lead never asked for the other. When the parties who were 'the holders of these bilts; the makers of combs and umbrellive, and tolers of cloth, to whom he (Lord Palmerston) had al ready alluded, found that other bills to an extent greater than the sum which the Colonel had in the concern might be drawn, they applied for an injunction of the Court of Chancery.' This injunction the, gallant Colonel had first applied to a Capt. Drumniond, who was Adjutant of the regiment, to receive for him ; and whenthe Captain had refused, lie had applied to the Quarter-muter. , This could not be a casual receiving, and was no evidence:that the nature of the paper was not known to the Colonel. His Royal Highness the Commander-in-Chief's at tention had-been attracted to the subject in consequente of phi ' cards having been posted up at various parts of the metropolis. There were both placards and counter placards—a line of con duct not befitting a Lieutenant-Colonel of the Guards. (Hete the Noble Lord produced a printed placard nearly a yard long, which excited moth laughter in the House.) It was the 'intention 'of the Doke of York to have ordered a Court Mar tial, but the original intentioti was departed from, in conse quence of the opinion of the Judge Advocate that it would not be advisable to pinstie - thet course as other interests were in. volved. The Court of Inquiry was then proposed—an old and accustomed practice,'frequently resorted to since the middle of the last century. Very enlightened Judges held opinions as to the Tight of appointing . euch Courts, quite opposite to that en. tertained by the lion. Member. Under every view of the case, he (Lard . PalineretOn) was satisfied that his Majesty was well advised in removing Colons Home film the army, and that consequently the Hon. Member had made out no case or any proper grouod for his' motion. 111 r. BENNET stated, in reply, that no complaint had been made by the referees of the conduct of Colonel Home ; on the contrary, it was praised by them. With respect to the legality of Courts of Inquiry e as stated by the Noble Lord (Palmerston), lie wished the army Joy of it, and certain he Was, that it would have the effect either of drawing front the service every honour able and gallant officer, or of placing his charadter and pro perty at the disposal of an arbitrary institution, in direct hosti lity to all those great institutions of the country by which cha recur and property was protected. Lord PALMERSTON and Mr. BENNET mutually explained, and the motion watrejected. NEWOUNDLAN F D. Mr. WILMOT moved for leave to bring in a BM to Amena the Laws in Newfoundland. It was his intention to haVe the Bill printed, and with the permission of the House, to take the debate on the second reading. The Bill had three general ob jects—first, the Amendment of the Lawsreepecting the Fisheries; second, the Im p rovement of the Courts of.lustice ; andlast, the In of a Local Power to make Bye-Laws under certain circumstances. Sir J. NEWPORT reserved his opinion until the tfrovisions of the Bill were before the House t. he merely rose to protest against the principle of the old and new judicatures being allow ed to co-exist. Mr. BRIGHT suggested, that as the er question ve certain p pers laid befOre them explanatory of the state of the Colony. Dr, LUSIIINGTON said, there never had been a Colony so completely neglected as that of Newfoundland. He wish ea to know, whether the details of a measure that embraced the interests, and effected the concerns of 60,000 persons, had been first submitted to the consideration of the respectable inhabi. tants ? Mr. wiLmoT stated the measure was brought in upon the responsibility of Government, and, that the inhabitants having means of information, it was in their power if they disproved of any of the clauses in the Bill to protot against them. Mr. M. A. TAY[,OR said he felt deeply for the interests of 14eivfoundlarel, and would rejoice et the Introduction of any i measures likely to tend to her prosperity, but he thought the root of the evil which was destroyine that Colony had been laid :1 in. the lAA treaty with America, which by allowing the Amer'. ' cane to fish in the waters and to dry their fish on the coast had occasioned die loss of almost the whole trade to Newfoundland, as the Americans by their local advantages were enabled to undersell the British merchants, many of whom in consequence sold out. Ile could appeal to several Members, among others to a late President of the Board of Trade, for the troth of his assertions. Mr. HUME thought the answer of the Right Hon. Gentle man (Mr. Wilmot) to his Hon. Friend's question, was little to the phrpoite. When he said the Bill was on the responsibility of Government, and ought to be taken on that confidence, he ought to recollect that last Session a Bill r elative to Ca neda was proposed on the same confidence and turned out of the Howie, as he hoped this would be, if it were an injudicious One. , lie thoi.q. , ,lit that a Bill which went to alter the rights of , property, and to Change the internal economy of the settle ment, ought not to have been proposed lint upon grounds of information examined by a:Committee. If the people of the, Colony had made conplaints of the existing system of law, they ought to be laid en the Table, and if not, he did not see' What business Ministers had to legislate anew for them. . . , Mr. TULE, expressed his concurrence with the opinions of 'the Hon. Member for Dinhamlllir. Taylor); on this subject, ! and Contended that the interests of the Colony had been coin. , ! promised. He thoueht it only proper that the Bill should be submitted to the consideration of all persona in this country, who were interested for the prosperity of the Colony, as well u themerchants of Newfoundland, before further steps should be. takee. r . * The CHANCELLOR of The EXCHEQUER' stated, that he had signed the'treaty of which the. lion. Member for Dur ham complained. Ile did not mean .the treaty of Ghent, but one subsequently made in NIB. He had advised the signing of the treaty, as thensettled, and he did not believe it had any of the had effects' which the Honourahle Member imputed to it. The question between Great Britain and America at that time, was nut as to a concession of privileges to the latter, to which there Was no 'claim, but was one of A, very delicate nature; and the principal point wee, whether the war between the countries, which arose subseqtently to the acknowledgment of the Ame rican Independence, had abrogated the rights conferred on. America in 1703. The Americans insisted that if even they, were, yet, by the force of the treaty of Ghent in lill 5, they were restored ip,o filet° to all the rights confirmed to them by the treaty:of 1781 The question was thus one of compromise, as both nations insisted upon extreme rights, and it could only be , decided either by war or compromise. He did not think it expe dient that the war should be renewed, and he therefore advised the compromise. America, on her side, conceded sonic privi leges, on receiving from Our Goteinment the liberty of drying fish On part of the coast of Newfoundland. He had communica tion at the time with the lion. Member and merchants in the trade with that colony, and did not think he was doing any thing prejudicial . to their interests. lie was convinced that no unreasonable or Injurious concession had been made, nor did the' Americans take much advantage of the privilege. The whole of the South of Europe, which chiefly afilirtled the market* for our ' salt fish, he believed were as much supplied by our &hence now am at any former period. He had nothing to do with the details of the question. Ile would venture to say, that if the trade of Newfoundland, instead of being'the fluctuating thing it was, ac tually were in the most flourishing condition,: yet some ouch Inca sure as this would be requisite ter the good government of the colony. lie was surprised it should be made hn objection to this measure, that it was brought in on the responsibility of Govern ment. It was usual on the opposite side of the /louse to accuse Ministers of not bringing in measures on their own responsibi lity, but of devolving the proposal of their plans upon Corn. ; mittees. His Right Hon. Friend had not done so, and surely he ought to meet with any thing but censure for having adop ted the fair, honest, manly, and constitutional coarse. — (Hear=) —Leave was then given to bring in the Bill. LAWS RESPECTING FORGERY- Dr. Dr. LUSHING'rON rose to move for leave to brin g in 14; Bin to amend the laws respecting forgery. He wished to tor.: rect certain defective' enactments, but did not propose to alter the puniahment of the prime. Ile:did not wish to inflict capital punishment where it was not at present inflicted, nor to take it away from those crimetto which it was now applied. Ile 'pro posed, however, to make certain offences penal which could not be punished at resent. The destruction of a wil l was one of these. That offence watt not properly provided against at pre sent, yet the crime was not one of very rare occurrence. His intention was to bring in the Pill, in order that it might stand over to next Sestion. He trusted the House would keep itself free for discuesion on the subject. The liOn. and L earned Member concluded by moving for leave to bring in a Bill to consolidate, amend, and declare certain gen e t al enactments in the law relating to the crime of forgery. The motion was agreed to, and leave given. SHERIFFS' COURTS, SCOTLAND. The LORD ADVOCATE obtained leave to bring in a Bill for the better regulation of the SheriffS' Courts in Scotland. IRISH II A LF. PA Y. General GASCOYNE moved for a copy of the Warrant directing Officers on half-pay, and Widows and Orphans of Officers receiving allowances in Ireland, to be paid to :Irish currency. The lion. Member expressed his regret that for so paltry a saving asl or 8 per cent. on their allowances th e half pay Officers s hould be discouraged from residing in Ireland, while they received the amount in British currency if they re sided in France or in any fbreign country. "Lord PALMERSTON said that the army in Ireland was always paid in Irish currency, as a matter of cource, and he saw no reason why a distinction should be drawn to the advantage of Officers on half-pay. If the principle was adopted at all it should embrace those on full pay as well as those on half-pay, which would make a difFerence of 10,0001. a year according to our present establishment, and still more in time of war. General GASCOYNE explained. Sir J. NEWPORT observed that the half-pay officers in Ireland paid their taxes in British currency, and ought to re ceive their pay at the same rate. Mr. HUME hoped that the Noble Lord would see the pro:. ety of putting the pay of the whole arm y , whether in Great BBritain or Ireland, precise on the same footing. The motion was then agreed to. On the motion of Lord PALMERSTON some additional Papers on the same subject were ordered. EXCISE AND CUSTOMS. the 'CHANCELLOR of the EXCHEQUER rose to move for leave to bring in a Bill to consolidate • certain Revenue Deparunents of Great Britain and Ireland. The Right Ho hourable Gentleman observed, that the Commissioners of Inquiry had furnished so much information on the sub ject of the Excise in Ireland, that it was only necessary to state to the House the principle lie was desirous to re commend. The three. Boards of Excise in England and Ireland consisted of 39 persons, receiving adeqnate salaries ; all these Boards - were under the superintendence of the Trea sury, bttt an uniformity of practice could not be expected.— Every body must be aware that uniformity of practice was desirable, and in order to simplify' or get rid of defects occa- Sioned by irregularity, the lion. Gentleman proposed to adopt -the recommendatiOn of the Commissioners of 'lnquiry, and to consolidate the Excise of Ireland With that of England. There would be,ltl Commissioners of Excise and Customs; one Board would be always in Ireland, the other in En , Plantl. He should be prepared to detach four Commissioners from the Board in Kngland, so there would always be resident Commissioners in Scotland and Ireland. The Boards would act in conformity, and produce a considerable saving of expence. The Honours able Gentleman then concluded by moving far leave to bring in the Bill. Sir JOHN NEWPORT .consideredthe measure entitled to s upport. It was u proceeding founded on the enlightened prin ciples which had done the Commissioners of InqUiry the greati est honOur.--LeaVe was.given to bring in the Bill. Dr.' LUSHINUTON obtilined leave 'to bring in a Bill to facilitate the examination of witnesses in foreign parts. SLAVE TRADE. Mr. F. BUXTON moved for copies of communications made to the Directors of the East India Company respecting the Slave trade, and stating the period at which the territory where slavery exists, came under. the dominion of the Company. The Hon. Member also moved for returns respecting the number of 'females who had burned themselves on the funeral pile of their husbands in India, since Jdly. 1821.—Ordered. The Prisons Bill was read the third time and passed. The other Orders of the Day weretlisposed of, and the Howie adjourned at 11A tr-r.awr Os E. A List 1 Or THE MINORITV WllO VOTED FOR MR. LENNARDIS MOTION, Por information respecting the Expenditure of the £216;950 allowed for the Salaries of Foreign 31inisters and Consuls, 'in the Third Class of the Civil Abercromby,fin:J. Grattan J. Palmer,. C. F. Bright, Henry ' Hume, 'Joseph Rice, T. S. Blake, Sir F. Hobhouse, .1. C. Ricardo, David Burdett, Sir F. Hartopp, G. :Sykes, D. Bernal, Mph Knight, Robert Scott, J. Bennet, Hon. H. G. Luahington, S. Wood, Aldermsta Davies, Colonel Martin, John Denison, W. J. Ora, Wm. Fergusson, Sir R.C. Phillips, G. Olctunchy, Vise. Poyntz, W. S. 'VEILTIRS. Lennard, ,T. B. Lbrd J. LISTS OP THE MINORITY AND MAJORITY ON COLONEL BARRY'S XOTION, For Papers explanatory of the Conspiracy to murder the Lorii Lieutenant of Ireland,—Mtrch 24. MINORITY. Abercromby,fln.j. 'Grattan, J. . Roberts, G. J. Brin Sir T. Hart, O. V. 'Sefton , E arlof Bright, Henry Ilaldimand, W. Tulk, C. A. Boughey,Sir J. F. Witham, Lord Thompson, Ald. Bennet, H0u.11.0. Hamilton, Lord A. Trench, F. W. Claiighton, T. Hume, J. Wilson, Sir It. Colborne R. Larnbion, J. G. Wells, John Creevey,'Thos. Marjorihanks, S. Williams, W. Downie, R. O'Neil, lion. John Duncunnon, Viact. Pares, T. 'TELLERS. Fergusson, Sir B.C. Phillips, G. .R. Lush Pane, J. Pakenharn, II on.R. Lushington, Dr.' MAJORIT V Antrobus, G. C. Forbes, C. Percher, a. Adana, Sir T. D. Gifford, Sir R. Peel, Rt. Ilon. R. Arbuthnot,Rt Hon. Grenfel4 P. Palmerston; Lord C. 'Hulse, Sir C. Plunkett, Rt. lion. Blake, Sir F. Huskisson,Rt.llon. W. Bruce, R. 'W. Prendetgast, M. Browne, P. Hill, Sir G. Rice, Hon. G. Bry . dges, G. Holford, G. P. Ricardo, D. Blair, J. Berries, W. C. Sumner , H. Bourne Rt. Hon. Kingsborotigh, La Smith, R. ' W. S . Lockhart, W. E. Smyth, W. Campbell, A. Lewis, '1 F. Wood, T. Courtenay, W. Lowther, Viso. Wallace T. Clive, Eon. It. Lindsay, Hon. 11. Wynn, IL W. Copley, Sir J. S. Montgomery, SirJ. Wellesley, R. Douglas, J. Martin, J. TELLERS. Evelyn, Landon Newport, Sir J. Phillimore, J. Fremantle, W. Onamiumey, Sir F. Lushington, S. R. PARIS PAPERS OF SUNDA. [FURTHER EXTRACTS ' ) PARIS ' MARCH 3.--At) order of the day, in Which is given the ordinance that was inserted in yesterday's 3loniteur, contains the following The National Guard will find in this severe measure a new proof of the solicitude of his Majesty Or every thing that concerns the existence and honour of the National Guard. " In consequence of the dispositions of the above ordinance, the order of the day of the 10th of this month, directing that a council of discipline should be convoked, to pronounce upon the charge of disobedience on the part of the sub-officer of the 4th Legion, who on the 4th instant refused to execute the orders of the President of the Chamber of Deputies, is to be considered as annulled. " MM. tlaColonels will make known, by means of orders in their respective legions, the present artier of the day. The Colonel of the 4th Legion is particularly charged to enforce, as far as concerns that Legion, the prompt execution of the ordi nance of the King. • ..(ffigned) " The MajorXeneral, " The Duke de CLERMONT-TONNERR.E." SPAIN. After a more than ordinary interruption to the usual communications with IVladriti, we have re ceived papers and letters from that capital to the 18th inst. The intelligence which they contain relates chiefly to the change of the seat of Go. vernment and the change of the Ministry. On the latter point the Especlador (of the 17th) satisfies our curiosity by giving the following list I of the new Cabinet :- 1. Don Manuel. Garcia Burros, Minister of the Interior. 2. Don Sebastian Fernandez Vallesa, Minister of Grace and Justice; formerly Auditor of War to the army of San Fernando (the troops of the Isle of Leon.) 3. Florez Estrada, Minister of Foreign Affairs. 4. Torrijos, Minister of War. 5. Calvo de Routs Minister of Finance. The first of these ilinisters elect is at present Political Chief of Corunna ; the three last are the same who were nominated some time ago, but who were either absent or refused to accept of their appointments. On the repetition of the offer, their consent, it would appear, has been obtained. In the mean time, the Ministers who at present manage the affairs of the nation are to continue in office till the Government reaches its ultimate destination, and till they can make their reports to the Cortes in their new residence. Such is the statement of the Espedador, which is a Government paper ; but private letters hold out a probability that there will be no change in the Cabinet for some time after the Court and Cortes have reached Seville. The Ministers are strongly supported by popular favour, and ► have found partisans in many moderate men who were formerly their adversaries, but who dislike the appearance of vacillation or change at the present critical moment of public affairs. Their above-named suc cessors are not known for greater talents or more extensive experience than they (the present Mi nisters) possess, and certainly hold out the pros pect neither of more moderation nor of greater firmness. It is no reproach to say that they are exalludos, at a time when every man who is dis posed to repel unjust aggression is stigmatized as an exallado. From the difficulty of making the requisite arrangements, and the reluctance of the King to encounter the journey in his present state of health, the departure of the Court and the Go vernment has been deferred from the 17th to the 20th inst. The Cortes did not actually treat his Majesty like an unwilling conscript, pretending infirmity as an exemptio►► from duty ; but having little faith in so convenient an attack of the gout, they, with all due regard to the delicacy of the Royal feelings, appointed physicians to report on the state of the King's health. On their report the departure of the Court was first deferred to the 17th. In the sitting of the 16th a dispatch was read from the Minister of Grace and Justice, communicating to the Cortes that the King still suffered from the gout, but that his heel was less inflamed, and that the Queen's health was improv ing. Presuming that by the 20th his Majesty would be in a state to undertake the journey, which would place his person beyond the reach of his invading relatives, the Government had decided on leaving Madrid on the 20th. Every attention is to be paid to the feelings, wants, and wishes of the Royal Traveller, both in the mode 'of escorting Mm, the care of providing for his accommodation, and the considerate allowance of proper intervals of repose. To judge by the short distances of every day's march, and the length of time fixed for rest, one would suppose that the King was making a solemn procession, or exhibiting a courtly pageant, rather than per forming, with becoming expedition, a necessary journey , . The following is the itinerary of his Majesty from Madrid to Seville : Ninth 20, Aranjitet, I leagues ; 21st, Temblique, 7 ; 9.2 d, Madridejos, 4.4 23d, Villarta, 5 ; 24th, Manzanares, 5 ; 25th, a halt ; 26th, Vaidepinas, 4; 27th and 28th, a halt ; 29th, Viral°, 4; 30th, La Carolina, 6; 31st, a halt; April Ist, len, 4 ; 2d, Andujar, 5; &1, Corpio, 6; 4th, Cordoba, 5; sth ' and 6th, a halt ; 7th, Carlota 6 ; Bth, ; Ecija, 4 9th, La Luisina, 3; 10th, Carmona, 6; 11th, 6.—Total, 68 ieaves. His Majesty is to be escorted by 2,500 men, chiefly militia, and two pieces of cannon. The Ministers and the Royal Household, together With a deputation of the Cortes, will attend him. Great endeavours will be made to procure a body of the 'factious from Estreniadura, Grenada, and Valencia, to disturb the ito.yal progress ; but from the publication of the caste de route, and length of time to be employed on the march, the Constitutionalists seem to apprehend no serious danger. The majority of the Cortes will not leave Madrid along with the King. They will proceed by separate roads to Seville, so as to be ready to commence their sittings about the middle of April. Since the last arrivals of the 9th, Madrid had been generally tranquil. The only instance of violence or tumult manifested was directed against 13ertran de Li . s. This person has of late become extremely obnoxious, on account of his alleged treachery to the cause of national independence and the conviction entertained of his being em ployed by foreigners to intrigue for the tlight,of the King. In consequence of this he had-been ! excluded from the clubs of which he was a mem ber. Since that, his house has been broken open and robbed by the irritated, populace, whose violence extended no farther. D'Arisbal has arrived at Madrid, after defeat ing and dispersing the factious. Some suspi cion was at first entertained of the part he Would act on his return. All doubt has now been dis sipated. He has shown , himself the determined supporter of the national rights, and is to be left in the command of the capital with powers nearly equal to those of a Dictator. MADRID, liAiccl 14. SITTING OF THE ORDINARY COATES OF THE 13TH. A report was read from the Secretary of State, in which his Excellency communicates to the Cortes that his Majesty still keeps his bed, and that his ancles are swollen ; but that the health of the Queen has improved. The Special Commission, charged with the examination of the exposé of the permanent Deputation of the Cortes, made the 2d instant, presented its report, in which It testified its appro bation of the efforts made by the Deputation to answer the con fldence of the Congress, under the critical circumstances in which Spain is placed. The Cortes approve of the opinion of the same Deputation— The report was read, couched in the following terms that all the money that has been paid into the Treasury should be transferred to Seville, and that the National Junta be charg ed with continuing the liquidation of what is due to the Go vernment, and that the payments be made at that city. The President then announces the continuation of the dis cussion of the proposition of 11. Gallant) on the means most proper for the transfer of the seat of Government to Seville, of the person of the King and of the Legislative Body, and the care necessary to be taken for the precious health of the royal person, with all the regard which the task of preserving intact the constitutional Monarchy imposes. " The Commission, though pressed by the short space of time which has been allowed it to examine an object of such high importance, flatters itself with having foreseen all the dif ficulties which it presents, and believes that it has found the best possible means to surmount them. _ _ " The Codes, afterhaving taken into consideration the dan gers of the country, determined to authorize the Government to transport itself to the interior of the Peninsula, in case of foreign invasion ;. this invasion having become probable, the Cortes deli vered their opinion as to the necessity of this transfer, and the urgency with which it should be made. The Cortes, after hav- big heard the decision of the King, expressed in the ope nin g ' speech of the present Session, which acknowleged the necsity of the measure, were informed that his 3lajesty had fixed htheis departure within the shortest po ssible delay, and they n thought that nothing more remained for them th an to await tranquilly the moment fixed by the Government to e p9t toes. cution the projected journey. What was their surpris in the letter of the Secretary of State of Grace and .lustice data y th es e te c r o d rte‘ ay,. th of a t t h6 t . h e m en a t ority of a Council of rhysiciant, ;In doubt assembled b healthg in his private capacity, had of opinion that th ot his 'Majesty did not allow hint 0 undertake the journey, and that he had been ordered to inflgin " The Committee appointed in consequence of this cumin n• that Kgiiiegttoh:ne, to,.Kn flint; partakestlhhe theired o m f r t f h e aerfse regretea s l i feelings s t t 1 o it e f h . et t i h un e nos C ea - oa unpleasant i r s t at e na s et o toc n orny t se (1 1 i s i s t aut e s n u b oc j f : e t h t o te, ; this event, and the desire to avert them, and at the same 0111'1, to conviction I n: t e s w. e i r ' w i i c h n h id h l is p questionid_ei s it i condition n i d n i s t r p e h : t o ' i n s a l :b s i l e n e , t al a r i n l e d di e r : comes daily more urgent. Such are the opinions of the Co- .. of which it submits the adoption to the consideration of be Congress.. mis si onl t 1 11 1 i 'y l ii Y a con s equence v :'Was eaPCtncomposed, aPcbable, S e "d th e t e e r s i x , o k e f f n o o a r e n : nine profs og e n l con' s on n ; ress s 4 and :,are animated with the desire omit-- anTh than to I P : c. f ts ortn , i an ng d it t° , a g gr iv ea e te t r h a ei tt r e o n ll to medical considerations, they sicians themselves who compose his 111 which the majority appeared hostile tt they have weighed the motives of tl public interest and of his Majesty command , the departure in (motion. _‘__ On examining attentively the report I)vii !a t i; : na t u rbtoel ! se n a loi l e anelairigf w o t a di f tl y he th tis s aoht em l b tl e uoinwt t e da ai :Yalwiali r n en e tesi s iagreere ! l s ila: a w ees e pa ctn : sirsa ti f tatd o en r rginsietli t niL : g s :l;l ney on the King's health—a timidity 1 proving the firm belief of danger), in established. " The physicians are also not agret may be advantageous to his Maj est y problematical it was not easy to hazard the Commission asked „them whethei a carriage could be hurtful to his "811 tors, Don Juan d'Arejela and Ihm 11 , in the negative, and the five others It is well to observe, that two of these of surgery, co,cairge:niadin:itiicoryeloa,ttltneosegaerwrinhd.itictleniacte tohfeoirthoepringioune c st a joi n 1 :1 and of tile answers given by the ph. has ascertained that his Majesty tii , or from enjoying his sleep. sh piorenvkennotswilinigintifira;uthl t .. „ n if t y s. particularly attacks robust men, act:4o lll w --- I setl- --- ' 4. comforts of life, knows also, by the testiiio_,,Yl ° at die' classic authors ethx , cosepo t isi l itl i ditt ii i. tso f br isee: ie i t o y nu , zr c n o ottcyh. n eii tt .t n r. continence, 411.tg,..,10:egovi,,,,rteie',1Ttettli,frillic:itirliciril:..eleiti.hel:0:1, means necessary for itacure ; and considering that rie into i' of his Mojesty draws to its close. —that the .tritn,oetion milder ciinuste at a most favourable season—atic,isViest.olll.,,, of the state of uncerfainty which must aftlACt.'ll 'ts itir..: in g his stay at Madrid—an uncertainty Swell, 'll„iolop.tes; will be still more injurious to his licaldi, is 9 r,6iejear: his Majesty is under no impossibilLy of cainmenfiicoprioi ne y, while all the cares which are neivasarY so t, a e, it ill 0: his Royal person may, be lavished upon-him i l ' 17oth iiestil worthy of belief,that a journey lead under ie agre s 41 a is an i d n:p m ra dr_ cti e ca ct, ble w or e seelikelofLatoinlehatist htlir)yinelsym;t:Tes) o,b„idnegsraro Generals who. though torment , d 1/ Oat/ hat ctieoiis° l d o u n ti g es jo . urnies, fought battles, amt . curd leil, hs,rtdoaerooo4: tivtt tell): " The Commission would certainly retusc. 51',...teci te . respectable person of the King should be ~ I,l.Jhigiot.ll,l:o slightest inconvenience, if it did. not think et ' qi nd ot w • • 111 1 3 6 viii , portance the real and grave denial of his , _ , r wo e ~ .h. coilnouyerhndutrythtsee,,panKiad-he:jardichrg.isioe(dblliwgeohrothem to choose the least of ' Ail i l L-i.::: " In effect, the danger which threatens wesio'pits,loo7, ' cause trouble and misfortune:4, and then it sou r ' er o f ilyiocjing State l c f l e at shouldt. e n in i tremble" abevaetathteretriatht.besdltcKlepienne.gxer:posetilYl:,s:tr::ouldilstiani 11::::::::,11:01::leillnitien11:14:1°'Iviltlit"lili cru e physical sufferings and affect his moral coda coo stry i to bii aillovneecte;isneirrYKehrgl)a'..li;l:lianlati:ll;l"f in::: befigl.etcircloosumeartanblyeeethen4e:mwielaciol tlWiat'snceoae.ititil, ~' in th e fiel' an ° a l Twretl. pr " eju A B d u Commission, counterbalance those of die l'' his Ro yal I l tilico , ~•os, „b e es , ies i parture should be delayed, since.t.he safet/ - _,, t bai4 country rible plo w :, ,The Commission thinks f i t w de , lA rc i l d o f t et lo sl .; t y list' founded on the motives already eaposea,"nre of h i s 31 3 ) go. th cissab e rywion : ,Ministers, it thinks that the neillihertiugesent iionien_thi O' tahuateornneytalittiineitoldlirnisi:;prinezinttes:st;obi i t i i,snii i iii , a ji?heii, t a li ; e wt ; t ti. n . tieoaton : . . never been more nec_essary than lii 1 . 1 1„ its way, !w ill ' o at ilifee:hc:lnvyinecet athneyC°Lluniublittilisit'sitl:ll°l°)fs.tThceicluer:°"t‘Y°r°tlt3thdlii9l;lPcl3llYe:lee:' lace tit 4° o o (4$ their ;era character ` cat t aa h ab li e i nte r c °;t bcoineeindntretttlacil il. b‘l'ial'ePhsgulia 1 it e t t a t ttitil :I . ller.l : P : i f irlv-a i - ie ; lu e-'1 : 11:1°1 :1 11rfir Pit t .c' lions ; and let them design to tipro“' ~„, lip . • ante to 1 :, , , i position, which the Commission , has n , nOtle - ~e ',- them i— King t ° l ' l' lit T atty sit, departureti l Majesty p ' I'rh that si ble a t ft d s e tar e g y u e t t aabcnetoi:ointitill>fiutor)sieant ,i ' t t thl 0% tvaoitli )rids te will,e. 1 It :1:1):::al?, , ot. royis , vi t a ,nosk:itiefp • :iv 01 , ,o , b:00, gin his journey, and to inform the Cerlti; is p i jestf ...a o i in permanent sluing till the answer of alid a rd i l;i o to take measures in conseemence." os idon, ~,.. ~,, e h prop at „ ao se,. sa. do n ‘i t ii -.O IP. theSrp.loVisalwdllesieshpooklee einnifthavioeiurorosfrtAbine iiie: het b"`Orn , and of the neccisity of maki n g tisLeTne:anz)tidtrirestlYthien4tlonPriewirio:liontshiofeYnttl'eligte::o)ltr°e:tilinciisrstlQten-wadit°bl°)td4k 61)1rItl'''gri°j:taY" of 101 votes to M. . . Win. g' bi'' Ilt to dietivit , i deputation wa s inunediatelY se nt. cortel l s ci etisi thale:P4a:werfal rea'wns" Y...,,'lleitiicosii- own jtc.o l ryt h : e .s t : l eire o t vernment communicated t° tile distri ct ' h s i l een ° fit to unite n , u g m p t ro e h d e v ist"oiotitnelaelltify, ,atuthh:e.lnsitillii:iltitarlYla rlitic -sn (4 '- a :". c i of it in the person of the Count (PA s t e a l. as the ol p g . n, The deputation sent to his 3laie t ' t Y' e a thst °el sin, do t i e . ready to set out, and he chase the lithi w ec i ce ,,l ll o ,le 0 , 1) 0 , 0 i fix precisely the hour: Ilia Majcsty't • it n i l l, o - ai leB L ieci ae( : , otit ; journey should he put off to the l 0• •+ il . r earte s .e the ' 4es, convenience. After a short adinsdclia.nssilolintevi:trabl,../1:10:11:„1,1 the departure of the King should 110 t ta , e , and the same deputation, under die Pillar -, went to the palace to inform the King ° .-~'"'" PR IVA TE LE T 111; R. 1 0 4 / o pii i it -.....- , I.•g•-*- A Oc' PARTS, MARCM 23, TilittE ()IGLOO" -. itte. ft tau o '4o' the itfonittur of this morning, which colitaio , - )0 , dinances,—the f OS" a 0 0 , General first appointing the linister oth, 00 , mia of the Army of the Pyrenees; a vid ar:i ' ll Ol lO the ting Gen. Di eon his interim successor. D I ri ; boo r l o ii morning. Minister, set out for the army at an ell re 10 o t ...a inet.- ,jo P This precipitate and unexpec,-- t rt e oc decided upon in the Council of, yesteda"-ii„,:ofr dre4 more precipitate and unexpected than it w a6 ."- 4°'lo first duty of his Excellency ,ii et s again/4 ,SPain , i" ' c0145141t Obit ARMY.' v nu•r TO QCllittb.,l.e Alit't t° —l'44 i. l ate !` P . It will bevs that el,hboal.t, the Bourdea - the newsVaPed ~' the ne _mb sia 1 1 .0/ P.‘..,.. us- Dilige n ce was stoppe 1- . A em~ iy och false passports, and that several offlcers, who occniliej tott, co TheiparPorte, had been arrested anti ca'it coasc7o;py_Adoribe had Pers confirmed the susvicionrs. °olnbrace° bred r ti 1 1... obeenor some time entertained. AP .. would h ave - 0 0 , e a 1 11 f the army of Spain—some of whom 4 ~.i• rest Person of his Royal Highness the Gonnuaat•e'„,,, ioP i m el he the the, Aida- -Coat of Gen. (iuillerninantt'iot O u t; f (! i f tt oi aud!aft. I have heard (though it does,,11;00 0 .'4, poPor DukengtZ that Gen, Guilleadnot bitris h i? hwi,llloo to ngouleme's Stott; and who, fr om ..,.. roptettejoi,, character, was appointed the Mentor 01,,,1"2;0ceea iii,pe;;ar implicated. The Minister of ‘lrar will v wo o o to ~ thpreomarrapty, an_ d order - the arrest of the.,,ceensop e ileopeoce; of ~,i 04 Promptitude and decision i n to a "r.„llect Ol e i t icY , , "s I have not as yet been able to cr,, se coop jej i te ~,,4 1 tails, either with respect to the extent 01 . i".. intel).".t {se' o a bject of the conspiratiors. It of court ;folt,otrook f change of dynasty by sofa railtartro, ao favour, or by whose co.operation, las Ye t Ibers, of whom the Cott.' 'ors of medicine, pOsseS6' pecessary to their station, mon to all the m uties t wider this q uncle' opinion as certain data. ation was due to polal wished to hear the pd of Sfajesty's co uncil, an sfer: to 'the plan of tran t h ese last against those of himself—interests whicl, port of the physicians,. it, g that the liing attacked:. to them, has lasted three _that to soy, in state emarked at dte same time le consequence of the:lour- very natural (but howise the supposition dist core 's health cotnpletely re, greed whether the j ourney ; but ito in a matte r so card posidve judgments er they thought exercise in Ilsjesty ? The two proles. gugento Arriata, answered in an iirativainanner. .ese last are only professeri n l ave no great ireibt )nilt the 0040, tysicians‘ tith e Coturnistion hauidi rdisposed; it not at tiltinghit ordinary too, the-gout Ondam"Y Which is Ole - • --,n 010.11 Nye