The Sun. — London, England, 1812-08-26 00:00:00

TO THE EDITOR OF TILE SUN. SIR, In -the jour*ri de l'Empire of the 3d inst. J am again accused 'of having broken my parole, .in a weak endeavour to confute the manly, just, and honourable vindication of the character of British Officers by Lord CASTLEXEAGTI in the House of Commons, respecting the recent • dishonourable breach of •it by French OtliCers. • • I was in hopes, that after all my most afflicting sufferings, to be permitted to'become tranctukl at least, but a fair justification of my character. obliges me again to come before the public. _ . I have hen three times prisoner of war ; the Prat the conamencement.of the French.ll evo lution, in the reign o ROBESPIERRE, and was taken into L'Orient ; I remained there &mile days (not on parole), for certain purposes proper and - useful : I was sent home by the Royalists, in the very same ship of _war which raptured me, imme diately after the destruction of the arsenal by fire, and his Majesty's Government approved 9f my conduct in all its points'. The second time, l.was on a party of pleasure captured, and carried into. Guada.loupc, 'at that time governed by VICTOR HtTCILTES, Who liberated' me on the condition that I shoilld not cruize in the West Indies, but return to England, not in my own ship, and obtain the 1ibc....-ation of a French Officer of the -same rank or duality . .; I complied strictly with these conditions, 'returned home in the Halifax packet; and his Majesty's Government caused to be liberated, in exchange for me, the Commander of the private, ship of war Sans .Culotte. The third time . (the cause' of the French •Go vesnittent's kind remembrance of mc) was on the 'commencement of the present war, in a very yin equal contest for the defence- of British property, without any view of prOfit, highly honourable to the officers' and men whom I had the 'good for tune to command. At this time the situation of the tritish prisoners in France was truly de plorable ;--=on this subject I made, oti my return, an 'affidavit, by directirin of the Tran Sport Board, " that I verily believed, bad , it not been for the assistance aff6rded by Captain BRENTON, many of his men 'would have been starved." From the same motive I maintained my crew, have many times since sent then) money-from hence, and gave to the general fund for relief of British pri, soners . in France 100 guineas : to relieve their Wants, I walked to Berlin, where I bad an inter view with that great and good man,. Mr. JAcK, salt, his Majesty's Ambassador, and I have every reason to believe that rnyjuitiffable escape alle viated the sufferings of my countrymen,- On ply arri val it was a' subject' debated in the public prints, what crnistituted Parole, ands what ObligatiOn a Prisoner's Pr,rnie imposed on the Enemy in whose power he was ? and it was by such authority as Sir T. TROWBRIDGE, then a Lord of the Admi ralty, determined, that the Parole of a Prisoner in an Enemy's Country obliged that Enemy to allow him subsistence and a circumscribed liberty, alvi a breach of 'such duty was highly dishonour able in that enemy. ThiS subsistence, I was not allowed ; therefore the Parole compact was broken by the then Con sul', BUONAPARTE, not by me; and I have no doubt but that every Englishman so accused will be able to give as good an account of the principle on which he acted as I have done. It is less fortunate for the French Officers who have broken. their parole, that they are incapable of defending their honour by implicating the jus tice anti honour of the British:Nation. If the Ruler of Fiance is not' satisfied with this explanation 'of the principle upon which I chose to make my escape, will be venture to decide the qnestion•by sending a ship of war to meet me in one of an equal rate ?-• 12. , Sir, Your most obedient servant, Loudon, 26th August, 1812. THO. GOODALL. BRISTOL, AUGUST 22.—The following most disgraceful and inhuman conduct was witnessed last week in this city. On Wednesday, as one of the serjeants of the Leitrim Militia, was walking, b, tween eight and nine o'clock. through St. James's , Church Yard, he was accosted by a man who-asked him if he belonged to the Irish 'Militia regiment quartered in Bristol His answer was that he did. - He then asked him how heliked DIIITJRGIL this country ; he replied, .very much. He then begin to abuse the serjeant, by damning him and every one from his country, when a second man came behind_him,and with a carving knife, or ome similar instrument, cut the sinolys of his ig;itleg in so dreadful a manner that the poor • fellow ha...not laeen able to be removed from the public-house where his . billetted in that 'neigh bourhdod, and to which be was immediately con veyed. We had heard several reports of this , shameful procedure, but :sere unwilling to give them belief till we had made inqUiries, by which we are fully cr , ivinct.:l of the fact, and we have no doubt but th it 111 wre fellow citizens will feel equal abhor rence with ourselves at the,atrocity of the wretches who were guilty of such a crime. The serjeant recollects Nvell th - efaceof . the man who spoke to' him ; his deposition as to the facts stated has, We understand, been properly taken down, and we trust 'that the miscreants will be We had a brief Account ut ~,(towing Trial in our Paptr , 3' Friday,'hut the attention which the Causc excited has in duced us to give it more in detail. CONSISTORIAL COMMISSARY COURT. HILLARY V. HILLARY. • The pursuer, Dame Frances Elizabeth Hillary, otherwise Disney .Flyche, instituted the present action of divorce against the defender, Sir Win. Hillary, of Danbry-place, in the County of ESsex, Dart. now residing in Scotland. The libel suited, that in February, 1800, the pursuer was lawfully married to the defender in the parish church of St. George, Hanover-square, in the County of Mid-; -dlesex, and after the solemnization of the marriage the parties resided together as husband and . .wife for' several years, during which time they had one son and two daughters ; -that notwithstandingthe said marriage, the defender had deserted the . purL' uer, and withdrawn his affections, from her, arid, having unfortunately , contracted a load of debt, he left England about four years ago, 'and took up his residence in the. Isle of Man. From thence he came to Scotland, and in March, 1.811, he e Jas discovered residing in a hotel in Edinburgh, tinder the fictitious name of Hastings, and in company with a young-woman, calling herself Mrs. Has tings.; after residing in several other plac'es as husband and wife, they at last took up their resi denca in- the sanctuary of Holyrood-hOusc; .the defender then .assuming his proper name' Of Sir Hillary, and his companion that of Mrs. On theSe freti, , the: pursuer brought her action of divorce ; the :defender WA3 personally cited, and gave in a defenze, not only"denying the libel, but - objecting to the jurisdiction of the Court.--- The Commissaries pronounced an interlikki tor, the same ki in the case of Ti eush v. TeuSh, ordaining tile pursuer to condescend both in fact: and in law; on the, ground on which she main tained that the Court was competent to entertain her, action. A Condescendence was accordingly given in for the pursuer, which having been followed with long answers for the defender, in which he endea voured to skew that the parties were not,amena ble in a Scots Court of .Aistice, on account of a marriage contract in England, the Commissaries (6th September, 1811) pronounced an interlocul4r nearly similar to that in the case of Teush, find ing, ''"That in respect the pursuer and,defender are English, were married in England, andnever lived together in Scotland as husband and wife, and that it does not appear that the defender has taken up a fixed and permanent residence - in this country; on the contrary, he him Self describes his residence here as of a temporary nature, oceasiOn ed by the embarrassed state of his affairs, and meant to .be continued "only until that embarrass ment was removed : Find that this , Court is riot competent to entertain the present action ; there fore dismiss the same, and decern.". In, this case Mr. Commissary FERGUSON differed froM his brethren, and the judgment having been Carried into the Supreme Court, by Bill of Advo- , eation, which having come before Lord MeadoW bank, ,his Lordship pronounced an interlocutor, and sustain their jurisdiction. The case, accordinglf, came back to the Com missaries, and a proof having been led, by which the acts of adultery libelled were clearly esiablish ed, the Commissaries found the defender guilty of adultery, and divorced and declared in tenii of the libel. ,• . soon dis.covered. The set:leant hears a most c !'irilcnt character i:t the regiment for sobriety and peaceableness 'indeed the conduct Of the whole :regiment, since> they have been among ns bas been truly exemplary and praiseworthy. The.following notes of Lord 211EADOWBANI illustrative of his Lordship's interlocut6r, in the present, as well as in the parallel cise ofjensh Had I been able td discbver in this and a si►ni lar case any thing, as far as now unuer review, which appeared to me at all doubtful in legal prin ciple, I should certainly have taken the cases to report to the'diyision ; for, 'unquestionably, the point at issue is one near the very sources of ge neral jurisprudence, and therefore reaching to con sequences of incalculable number and magnitude. But having been unsuccessful in the pursuit . of a doubt, it appeared to me,unbecoming• and inexpe dient to take any'.stepsthat implied a doubt to exist in a .matter of s 6 much importance, and that my duty was to record my opinion, as clear ly as L could, with suitable succinctness, and leave it to its fate. Monday morning a 12{ - 4.rsc, in a -gig, in which were . two Ladies . and a Gentleman, took fright near Camberwell Turnpike-gate, at the .noise of s ome o x e n , whi c h were passing, 'and, notwith szandingall the efforts of the driver, ran furiouily . to Walwortb, and Was not stopped till it got near Newington Church, when its further progress was impeded by the,wheels coming in contact with tliose of a brewer's dray. One Of the Ladies was ti rowu. Out by the shock, and mild' hurt ; the wher'Lady and Getitlenniu escaped without in .. itry. The interlOcutor complained of seems to hold, that the Scotch Courts have no right to take cog nizance of the conduCt of foreigners in Scotland, respecting the relation-of husband and wife, un- . less they have acquired a domicile in Scotland animo remanendi there. But it is thought . no warrant whatever can •be produced for such a doc trine. Foreigners, equally with natives, are -sub jec,ts to his Majesty-and .to the law while here, and of course under the protection of law. And those relations in which they stand towards one another, and which have been duly constituted before they came here, if relations recognised by all civilized nations, must be. observed, - and the' obligations created by theni fulfilled . agreeably to the dictates of the• jaw of Scotland. If the law 'retused . to apply its rules to the relations of hus band -and parent and child, master and ser vant, among foreigners in this country; Scotland could not be,d6erned a civilized country, as there by it would permit a numerous description of per sons to traverse it, and violate, with utter impu nity, all the obligations on which the principal coinforts,of domestic life depepd. • If it assumed jurisdiction in suclLcases, contrary to the - dictate of the interlocutor, but applied not to its own rules, but the rules of the ' o w of the foreign country where the relation had been created, the st4remacy of the law of Scotland, within its own' territories,. -would be compromised, its arrange- Ments for: domestic- conifort violated, confounded, and perplexed, and powers of foreign' Courts, un known to our la* and constitution,' usurped and exercised. And though, according : to the implied doctrine of the. interlocutor, .foreigners, by a permanent residence, were to have the rights belonging to them, under those deniesric relations, protected by the law . of Scotland, still A great proportion of persons would, according to that doctrine, re main without law in this matter. If they kept changing'their dwellings sufficiently -often, they OWil eyes. remain likE t r he •t;tpsies Of ikirmer times, at full ►iberty each to do that which vs as good in hi . . But it is' thought the estahlishwe.nt of a nomiz r nee has no sort of connection with• either the oli ligation to fulfil the obligatory duties of the domes tic relations, orthe competency of enforcing it. A person the instant he sets his foot in Scotland, is as much bound to maintain his lvife and child, as after forty days residence there ; and if he :turned them out of doors destitute the first day he arriv-: cd, he is unquestionably as liable to be sued for aliment; adherence,, eic. as if'-he had committed this outrage, and resided forty days in one house. If not found- innerson to';'receive a citation, a do micile is of consequence ; but it is of no ` conse ..... quence in such a case,' if the foreigner is cited in person, or his re , ,idence is sufficiently ascertained The dnimits renzaneade may be of great copse- , enence to establish the presumptions on which the distrilAtin of succession to movables is supposed to depend ; but it does not seem to enter into,the constitution of-a domicile for 'citation by 40 days residence, nor form, any requisite for, the vali‘itity of a personal citation to an dction for obtaining redress of civil wrongs, inare than for punishment of a crime. 'Nor can those suits for redress, which involve quationes #atris., 'admit of any different cousideration: In all.cases where the status claim ed or discerned isjuris gentiani, the competency of , .. trying such wherever the person concerned is found, is obviously - necessary. •The domestic re ' lations concern so much the 'Mast immediate com forts of life, and the - Well-being Of society, that where the partieS concerned were 'Present, it is impossible to leave to the Greek calends, as the interlocutor complained of does the trying of them .. - without . incurring , the obloquy of a denegdtio just titizr. .. • , Bur.. though the jurisdiction seems in all views to be unquestionable, the title to sue must, in all cases like the present, be cleared of the legal; sus-, pieion of a collusion ; and I aril apt to think that a suspicion 'of: a private, purpose inlthe parties .to themselves of the law of Scotland, in obtain ing- its remedies, where the marriage law is ,vio, lated, instead of contenting themselves with the , law and remedies it affords of their.own country, may have had some influence in edctating The in terlocutor. But if there is 'any thins ; in this, it ought to be considered and sifted in discussing the title of the'pursuer whether fair attd good, and the relevancy or sufficiency of her allegations of 'the defender's . wrongs. The plain principles on which what is; called collusion, vitiates a title to sue, is, that the pursuer has rendered herself participant of the wrongs she complains of by instigatinglt, or connivance with the perpetration of it, fOr the sake of the remedyishe seeks after, or some bye purpose. _ - In this view, it is obvious, that 01041 a mar ried person should commit adultery in Scotland, in a way and manner calculated for detection by the innocent party, from the private lexpectation that such party - Wonld thereby be induced to seek the legal remedy of divorce, this could form no sort of objection to the title and interest of the innocent party to _demand that remedy. Such party uses his own right in demanding it, and is entitled to maintain that it . is nothing.against that right how many bye or unjustifiable motives may hive concurred in instigating the 'commission of the injury, urovided the sufferer ie innocent of all p , rticipation'in promoting or conniving at it. Hence no inveStigation of such bye.o - r unjustifia ble motives on the part of the lvrong . -doer . , has ever been carried on ex officio jacLeis, or otherwise, in the Commissary Court ; And it is obvious that the • availing .oayself- of the wrong, and of-the attending commission of it to ob--' Lila the redress; J illowed by law, can create or infer no participation ,in those motives in the wrong-doer.- Innocence of the instigation of per., petration is sufficient,-however strongly the desire' 'of - the legal redress, or the determination to take that advantage of •the wrong suffered "may be en tertained:. N- - ;w, if this lie the,case as to natives,: it is ob vious that foreigners cannot. be in a ‘less favoura , ble situation. The purpose 'of the foreigner in ehoosingScotland as the'scene for the violation of his Marriage vows cannot disable the innocent party from claimingthatredress which the law of Scotland affords for such,a wrong. Such party having neither suggested the measure, nor furnish ed the means of perpetration, nor refrained frOm using means to prevent it, may surely, with a pure and good conscience, claim the. redresS afforded by law, though more ample than that afforded by the law of his own country,. and of course more desired. • - But it has been Said; with respect' to the Gretna Green. rnarriagcs, that there ,both parties concur in evading or defeating the law of their country with respect to marriage ; awl the same may per haps be said here as to evading or defeating the law of England, which confines divorce to those who can, pay the expence of an Act of Parlia ment. This argument, however, though originating from.a doubtthroWn out in a most respectable quarter, could not stand the.investigation it after wards received. If persons have the free .choice of the place where they reside or travel, or perform any act, they are guilty of no fraud against the law.of their country, when they avail themselves of, an opportunity of going to, andthei• civilized Country to constitute the relation of husband and wife, in the manner, and according/to the rights allowed to persoui the subjects' of that coun try ; all such persons do is, to prefer, in'this matter; the law of Scotland to the law of Eng= landb and' in so doing,, they do no wrong,— they merely utuntur jure silo; and, accord ingly, this is now the settled law of England, which, by the bye, proves that no domicile is required to constitute in Scotland the relation of husband and ' I vife amongforeigners, whn have just arrived there before celebrating their marriage, and which, nevertheless, is adjudged to he good and effectual all the world over. But if this is the case in the cOnstitution of marriage, it is obvious that the guilty party's choice of 'Scotland for the scene of his guilt, because he may have preferred svb jeeting himselfto the redress that law affords for it, to what is afforded by the law of bis own coup- LONDON - Yrinted by THOMAS WOOD, of - No. 35; Maiden-lane, *Covent-garden ; and Published by • ANILLIAM ARMIGERWRIPPS, iSonth Molt, At the. SUN OFFICE, No. 112; Strand, where 41vertisenzilits, Orders for the Paper; Letters fur the &e. (post paid), try, Can nave: ekintainina.te the of tie nocent party to demand that redress. .• The mno cent party neither 'chooses the ebuntry for the guilt, nor instigates the commission of it, but merely uses his own right in obtaining the redress that . the conduct of the guilty person, under all its . circumstances, entitles Mtn to demand. This, ,therefo - re, implies no selection of the place.f4r the commission of the guilt in the innocent party, who merely exacts what of right belongs to .him ; whereas, in the-Gretna-Green marriage, both par-, ties concur in selecting Scotland in preference to' their own country, and so.creating a relation be tween them which that law NI-mild not permit. If there was any frau§ tegis; therefore, in the case, both are guilty of it. But here the circumstance of the wrong-doer's committing the wrong from two bad motives (supposing it to, be a fraus legis that dictated his selection of Scotland), does not vitiate the right of the innocent to take-his. re= dress, such as circumstances in which he had 113 instrumentability, afftied. Ido nort think, how ever, that the selection of Scotland for such- a purpose is afraz4s ldgis. It is the dding a lawful act from a criminal motive of instigating his in nocent party to-divorce hire, and is so far in him vicious, and ' tit! cannot plead it. But the law of' England is - not def;anded. It no where enjoins that the violation of_the Marriage vovir shall'uot dissolve the relation; it only does not entrust flit power of declaring it dissolved to any ordi nary Court of Justiee, but reserves it tO 'the Lc-- gislature. ,There does not occur, therefore„to bs the 'slightest ground of imputing impropriety to the innocent' party r ,syli'o demands, that redrzss here which the- Legislature of England affords,' and which the law of England no where prohibits or reprobates as unjust -or indecorous. Some of the American Papers continue to et-. press their' distrust of General MOREA U , and their belief that he is sent to the United States in consequence of a preconcerted plan _be tween him and ,BUONAPARTE. It is tiiiiicnit - t3 fathoin designs. of Frenchmen of the new or d e r, and, indeed, emery species of ingratitude and - treachery r:lay. fairly be expected &OM them. Bat MonzAt , so neai•ly escaped death, to which Bt.-o• NAPARTE would most probably have oo!ned him, bad not been a probably have oo!ned him, if he had not b!eii a ffvnrite With tlw. Etilitaryi that MonEAu must be dead 'to every feeling of_ resentment, if he were to attempt to promote the Tyrant's views. It is natural that Mo4F.All should. wish to return to his own country, if he could sure of enjoying his fortune there in safety; but he must know the character of BUONAPARTE too well to trust himself within his reach again, for the Tyrant . never forgives ; and, independently of his implacable disposition to revenge, weuld'pro-- bably view MoREAu with jealousy f o r his mil:- tarY talents, to say nothing of political. muttcrs, and take the first opportunity of getting - fin Ail rid of a man whose destruction he was before dis-; appointed from carrying into effect. It is there fore not likely that SioßEatr should be an cola = of reasonable distrust to America, but on tilt , ' contrary might rather be capable of rendering service, by unfolding.the real character and pro bable views of the dsurper of his country. Mr. FAWCETT, we understand, is to be invest' . ed, with the Stage-Management of Covent-Gard , ..3 . Theatre next season ' - and . it is now said to he ilonbtful whether Mr. K MBi'.ii will appear there-, even in a theatrkal capacity ? any more.. ,Th:lcs- 7 ,llALL.— : Chgrles : Label, the drivcr of A cart, was charged by the keeper of . • Canib2riceil 'Turnpike-gate with hayingforciblypassed 014.000 .the giite-without paying-the ; toll. The defend:' . o l. said in his defem-e - that he had been throul,4ltll; gate in the early par , t of the. day, but had 11' 4 ' the ticket of 'the day to spew. The MavistratO convicted hini its f.lie penalty of 405.. - and costs. MARLEOROUGH-STREET. —F4IIIIOI d e'59.4 . ' of drover, was charged by five persons .with ing a Bull-dog" to bite and inCertte diem, on his re turn. froMi Parsou's 7 greAl_ lair. it anfe rcd evidence-that the defendant bad the dog in his :' 2 ; .t, and was 3f!companlo by another mini. At eveil place where lie stopped ne ain!lsed tiy ing the .animal to bite unoff,:u.dii:4- and no less than five barbarous acts of this scription were proVed. The offender cool' ruitted on the-several charges in default-of um - 1,- ' On Sunday some ruffians -tied an old kettle t o ' the tail of a dog,, near HammerSinitb; svhi i h casioned the poor animal' to run in various direr" tions, to the great annoyance and alarm of Ll ° passengers : lie afterwards took a straight direc tion, and Ana the heat of the weather,. and the cruelty exercised, he is supposed to have goa a crirdler, the Magistrate, ininaediateif offered a reward of five guineas for the diseovel ofthe.parties concerned, as it is-a punishable of" fence, that Cannot be too much reprobated. BIRTHS. ' In Ydrk-place, Portusan-square, the Lady of John Harwar ti .Jessop, .Esq. of a San. • ' On the 22d inst. in Gower-street, Bedford-square, •th e Lady of Walter SlOrrow, Esq. of 'a Daughter. On Monday last, at ehathaw, Mrs: Alms. Dorradaile, of Daughter-. • AARMED. On Saturday lasi, at St. Mary's, Islington, Mr. J. Darer'' poit, jun. of P e nt o n v ill e , t o Mi ss Q u i c k, on l y daughter „ Jo Qt On Monday hn rick, Esq. f Islinton. last, o g ur nat Bu Bucks, John William' Mlle, Esq. of York-street, Portman-square, to Martha, el dest of Joseph Langton, Esq. of Cilipenirarn Cour . f Bucks. Yesterday, at St. George' §, church, BlOothsbury, the b tu John Venn, Rector of Clapham; in the County of Surrey , Miss lerance4 Turton, fifth daughter of 'Jelin Turton, fsq? of the 'said parish of Clapham. DIED. ' . , • On Sunday last., ..at his house .in the Mi nF t er -yd,rd, I r(irlc t ' George Da-eun, Esq. formerly a Member of the Council a Madi-as. . • ' rest Yesterday morning . ; aged 31, Mary Margaret, the youub..a. daughter of Mr. Hogard, of Tavistock-street, Bedford-50.'13' . PRICE OF STOC. Bank Stock; 220' 221 Navy 5 per Cent: 90iii Irish 5 per Cent. ' 4 par Cent. 75 3 per Cent. Red. 58H 3 per Cent. Cons. 53 Bank L. Ann. 15i 13-IG 13-1 C India Stock, :S YESTERDAY. India Bonds, 7s. 6s. dis. da vi Exclteq. Bills, 34d. per dis. par n-: Di., 3ad. per day, 4s. s• pr: Onlnium, .514 pr. - Imperial 3 per Cent. 1 Cons. for ?Bth inst. 6r,":4 HIGH WATER AT LONDI MorninK, 20 minutes after '5.: IN BRIDGE TO-MORRO`C'. weniugr 46 minutes after rh-street, 1 3rosrenor-squarc, aust be addressed.