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

1.7 iiIIIICI sir;= first even ;.perniailel^.` is competent to dcePe upon state offences ; and that consequently, by a parity Of rea$01110g; you should decline any jurisdiction.' I shall next establish, that you should decline it, because the individual accused is a Peer of France, of the full dignities of whirls the Marshal is slily in possession. Ish pro, e, in the 3d place, that the conk= in,?siti , ,ir of your Tribunal illegal, even hylur theticallv,:and that no Military jurisdiction is in ves!ed with. - t..ri4ht to try -Marshal Nev. The intliosiir2 - aii.hority of the 'Royal Ordi nance of . the 24th July eanuot e•tabl:sh your ill risdietionl and-oo that point I might say with the Ally;edoo Phillip is better instrucicd ir. ppints of contrat7ersy: The AdvoCate then developed iu regular older • ids three Propos;tions. Ile established., accord ing to the . Coostitution, that the Chamber of Peers is-alone competev.t to decide upon et inies of high- treason, and of attempts against the safety of the State. Ile dissimulated next the Objection drawn from the Royal Ordounance of, the 6th March, which • appeared. to, scud before the Councils of War all the adherents' of llunnapatue. To provide for the • safety of . the-State, - behold the power reserved to the Sovereilot ; but it cannot be said that itt order :to - provide for it, sa n d still less after havim; pro . vided for it., he is at liberty to invert the order of • the jori•dictions, or to create special Judges. His Majesty has acknowledged, that Al. de Va 7 bate (night not to be tried by Military judges, thoug,h he was [tamed to oppear .before thew by the Ordinance of the 24th July. • The - Marshal, in his of a Peer of France •at the period of his imputed crime, could not be tried before a Council of War. Of what immor- Aimee is it that he Its lost the .quality of Peer, ..t:ncelluonaparte i on the 2d-of June, conferred •lipott him a Pecrage of a different description: " The Peers of . France have always. been tried •by the Court - of' Peers, which has carefully re served to itself that privilege. • " What a happy promotion was that of Mar- Nor to. the Royal Peerage !". exeltrinn4 the Advoca , e, `'since bestowing on the - - Duke of - Elchingen the most 'conspicuous teat - k of his So vereign's estei!m, it tendered him the benefits of a better diroption, as 'it placed him in the high rank of the Knights on whom there was no stain and no'reproach.' • " Fatal promfition T. Since the repose of the• worl‘Lagairt distUrhed, Marshal Nev, surprised, alone, and unable to sustain the storm, his been, so . awfely torn from - ids elevated station, that his fall is,the more ter ' ihk. Tbe'promotion will - neverthelcsS prove use- . ful,.since, like to the majestic vessel on which the thunder has burst, it leaves to the mariner, lost in an Ocean of misery, a plank of the wreek,with out which he mi g ht perhaps perish. " Under the tit-xd point of view, and as Mar , shal of Ft anc:i., the accused has still the right to decline the 'authority of the Council. The oar r, . are great dignitaries of the Crown. The King styles them his cousins ;' they do not neets sarily make a part: of the army. - Can they be as similated to Generals in Chief, for the trial of .sylto:ll,, the law of fructidor, 'year five, has esta lflished the forms These forms are not appliea- We to the present ease, and on such occasions we. must be cat crud how we reason fiy a nalo g y, y ou bave,", said the Advocate, •in couclusiou, '' you have fo (tec'ide question, but to Oxen 'rider your ues the,holy volume of our the charter where are . _inscribed the titles of . Ney. Your generous consciences will feel, the importance of the deposit confided to tttein Decide." 'Oerteral Grundlcr. be au his. pleadings nearly as Isollows " the country, in a state of mourning, secs syith pain this day, enter into the temple of jus dee, and place himself• amongst the accused,-one tit her ; defenders, who a short time ,sioce was so Kloriondy . distinguished. What a fatal result of (Jul' di.,sentions !- 'What a fatal error, which brings down the arm of the law upon hint Zi ho ought to be their firmest support ! In !hues of re,volutiOus, the crimes or faults t;') which thpy give rise, are 11 ot always punished imp rfiality and justice. You will,,;sct_..the example of a military tribunal deliberating -.Vi[h calif - mess, amidst the effervescence of all the plssio,ns, inn the fate of an. illustrious ciiiprit,- I.s'm:cc 'and all Europe observe us. We have not yielded to any influence foreign to our duty. We nhull pit this Col:. t wilt the knowledge that our conscience islrreproachable, anal without fearieg eliiid•t heir opinion or that of posteri,ty. The Reporter is immersed in learned re se.areii6 as to tile origin and privileges of. the l''eerage, on the orii;in and the prerogatives of the ittars!ials of France. " The Chninher of Peers is, in his eyes, the otily - tiiliial'ariViiicit - can - judge criminally i n the ease of a Peer of France.. 1 ! They have pretended, (said lie) that a culprit should be judged according to the degree or quality which he ,was at tire inomen; of his arrestltbn. They have concluded that Aiarlittl Ncy, ccu . sed to be i Peer Fiance, by the lucre tact ot. his accepting a Peerage irota Buoltap.trt.e, ltas n o r t , , , ,ht to. he tried before the Chamber u; Peers. This opinion appeal§ to us wart hazardous. Every day individuals„ ; accused of military offences, are hrou . 4ht before Councils of War, for couni;ted while they were in the army, t1.0tt , 4 - 11 they h.id then retired.from the sNvice. The ilcciioos of Couocils of War cats be dif- feredlimier the rcla.tion of tit' firm of it Council Vie tribunal, whatever may be the r s:nk of !lie accused, is id ways composed of a Mar shal, a President, two Colonels, two Lieutent,nt, Colo Nels, and one, Captain. Would it he con tosobitilt to a - tr i ounal so ,constitittcd, a decision) ))),;(le, .1 1 four :it irshals Of I'ralice, and by three Lieutenant-Generals ? ‘l4.ich pronounce in the last resort, shouLl' . l) . ti superior 0rd , ...;,' " It re.m.lnis for' us to trust to the intelligence 14 t 1e Connell, ettarged with ex a point of which has O n exan:ple T I t ; (It 01If 111:t10V." ri'o, the AtLoroty-Gencral, aniwered says, ~~e,.~: Prionef's - Counsel -an fill the o the Reporter. "The competency of the Connell afilltro'd - tri him to he clearly fixed by the OrdrinnanCes of I . the Gth of i',lareh, and - the 4,f ,L i ly. The ter gives to the' King the right of taking, uL d er extraordinary eiteuntstane:A, surh nre'ashoj s - as shall:ensure-the public safety. The Decrt*_ hi c hs decided on the bringing of,linonaparte and all his criminal accomplices - before the Cotiacils 61 * tVar, oht,tined at' the dine the - - universal iipprolnition of the Chambers and the whole Nation. Marshal. N e y shouhl be sp penetrated when Ire left Paris. oxprssion -could not be cll-teed from ii is nrentory,firlien ttome days after he. in curred the rigour of the Ordontwitee l ,and thus, placed beVond the bar of the Constitution. " 1 'tlynand,, therefore, that the objection be overruled : and that-you pass - to the consideration of 'yonr judgment, - . The Marshal was re-condutted Cto the on ciergerie.. The Tribunal adjourned to the Council Cham ber; and after half an hour's &liberation, -pro nounced the following judgment : The Council having deliberated on the ques •tion, viz. ' Whether it was Of competent juris diction-Co decide on the case of Marshal Ney ?' ".The Council, of War, I.)y a majority of five voices to two, declares that it is incompetent to judge Marshal Ney." . • The Cotirt charges field - -MarslialGrUndler, the Reporter, : to give notice of this decisiOn to M'ar shal Ney. The Sitting broke up at half -past four. (From Galignmqi7, Hessenger.l Thellake of Wellington has frequent confer ences ‘vith the King ; his Alajesty ahvays ccices Line in a mrst kind manner • The Council of Mi►►isters will only meet every Wednesday. 'l'he.•(irenatiers of the Royal lio - rse Guards hr►ve taken their post, or several days past, at the gate of tie Tniieries. The British timips occupy the heights of Belle ville ❑11(1 Chaumont. The tbieve3 who stopped and robbed the Calais diligence, have been arrested, and confined in the priFon of Beauvais. The Austrian garrison at Dijon is very 1111111 e.• 1 . 0 1 1!;. C,amhray is also full of Prussian imops. • The military of the department of the 31oselle, who wade Pail of the ex-imperial guard, have re ceivtd.orders from the Gov'erhc)r of Metz, to quit their told : wins, under pain of t.restation and .se vere punishment, the eendarmerie have been ON dered:to pursue strictly those who di s obey. The gates of Verdun are the continnal pas sage of the Allied troops through that place have rendered such a tfleit!qtrC Necessary. • The Clias.eurs 'of the Ex-guard, -quartQred att Percgnet,ix, entertained an idea, a few days buck, that tl,e inhabitants intended .to poison them ; this false impreicsion vas Kowe‘ , er soon done away ith, and all alarm subsidt'd The Order of Malta is; expected shortly to re st-one its ancient form. pleasures have been tai,en at Rome,. maples, and Aladrid, to restore to this tlinstrionOrder all its ancient tHivilegcs. A strange ivhito iris entered the head of a yoan . i; Engllslrtnan, we do not .know .his name ; bat he tars • bt:ep brought to Paris a prisoner for h;rying been at Calais, dressed as ant. of Ilse Es likiperialGuard, with the decoration of the Legion of Hopour ; if this was for Jena,--he will find it• 110 joke,—if to decide. a wavr,—we suspect tie trill lose ! PRIVATE CORR ESPONMNCE, TIM COSSACKS. A Letter from France, detailing the - matters which excite the curiosity of the Traveller in that Country, and alluding t• the various modes in which the soldiers of all nations are provisioned, " The Cossacks liave a happy knack of pointing their spears and letting. fly .. at the first fowl tiwy see, And having hit their mark (as it i 3 seldom they miss), they proceed very orderly towards ii., and as orderly return, presenting it to the owner, who perhaps witnessed its death, with orders to be cooked and ready at such an hour, which is as punctually attended to as if it had:been bespoke at a tavern, and double its value paid ). The Prussians use sticks with similar :dex teritY, and evince the perfection to which constant practice leads." In another part of this letter it is said—" The Print-shops in Paris swarm with Cari catures, ridiculing the Scotch and English fashions. The English they generally represent in the cha• racter of what is called Bond-street Bucks the Scotch in the Highland uniform : there is One wherein some are represented as grounding ai ins, same cooking in the camp, and others in various parts of the field, in dia - erent positions ; the day is represented as being windy, and a number of ladies looking on in all quarters : another,represents a Highlander holding tip his kilt to receive cherries, which he is buyin, from a - woman; with various other ridiculous repre sentati-onS in the back-gtomid. The Prussians, Russims, &C. are nut forgot by those caricaturists. There are Races in Paris generally t►•ice a week. Lately, 7 ,..EIr.ABERCROMME'S horse Diamond was beat by Caindla. There was likewise Sparring on a stage; between Harmer and Faller ; attd I miiierstanfl there is to he a tight between Oliver and the Birmingham Hero, as he is called." We noticed in our Paper of Thursday last, that a method had been discovered by Sir 11. Davy, of preventing the explosion in coal Mines, from the kindling of the fire damp, which i 3 soon to be communicated to tie public. We think it proper to state, what w have since understood, th,tt 1)1 . . MURRAY has made a discovery to the Stone effect,: which has been communicated to several scientific Gentlemen, and which will be Submitted inunedit,te;y to the Royal Society of Elinburgh.--- , (Calecloniwt- Mercury.) Ni:111.s• , 7 Ant”vr.n-1 Fr:wee;*bon, 2 Gotteibui%ol, I !Tolland, 4 linitiburo, I Dublin, 2 Waterford, Due-1 14.'runc'e, 1 Ma lid. l'ltiCE OF STOCKS - Tilts •ItAY AT TWF.Z.Vr. 0. C1.9C(C. Stoclt, India 130m1s, GQ. if.. pr: :3 per Cent. Red: GOT_ Z !Mitt, 2s. n. pr. :3 pur Cent. Con,. GI yG2 tit j Omonon, Ifi 1 per C.ents. 751 Ditto for Payment, iG 5 per Ct; Nary .lon. • I Cons. fur Oirenins, 620 Banli L. Awl. 164- AVATEII..AT LONDON IVIEDOE TO-NIOIIII.OW. 11orni1iz, 13 miiiiitcs after 2. 1 Everting, aftcr --, - • st)LFM QUI3 DICEIZE FALWNI AVIIRAT? LONDON. THURSDAY, NOVEMBER 16, 131 3. There have been many reports, almost amount ing to assertions, afloat this morning, stating that Mr. PLANTA is expected in Town to-day, with the TREATY Of PeacE, which, for what reason we know not, lia been, styled a Convention. We .have reason to believe that these reports rest chiefly upon artifice or conjecture, fur we do not understand that Mr. PLANTA is expected this day, though •we are persuaded that no - time will he lust in transmitting the Treaty to this Country, as soon as all the requisite fonns have been carried into execution. Those who conjecture . sso often, trill , as we said before, he right at last: From not sufficiently observing the dates of our French Papers yesterday,.ft escaped our notice that those of the I.lth mete wanting, and we consequently fell into a mistake respecting-the second day of N trial, the full particulars of which we now insert from the Journals which ar rived last night. It is certain, then, that tile Military Court sat two days before it was found • out that it ought : not to have iift at all ! For two whole' days did seven 'Mar shals, &c. ,sit very gravely trying a man, before they discovered that they, ought not to have Met ! Well, but the King's Pi . octitear has appealed to a Court of Revision, and wishes. to prove, that the Military Court is wrong in its decision, fot : that though it thinks' inhcrieise, it is really and bona fide competent. pow this knotty point may h e settled is of little consequence ; nay, the Billy and imbecility divlayed throughout. this hunt-the-slipVer busineNS is . of little conieqiience were it not.that.it Vas infus , al fresh spirit into re- >Jt Minn, . 14,Ided daring to presun:ption,.autl sAne titled, at least for a white r :the impunity of trea son. We know not what bleed in t f.oly from this, flagrant absurdity. :anit the pi cum' tion -; a: y measures which have becin'ten: by the ILke• of WELLINGTON, am \ i the vigilance of :his. watch (of 'which 'many exauipl'es have la ely beenlnert tioned 'titsou Suuj are cal cu l a t e d t o_ allay our tears of any ill consequences befailing Our. Coun-_ trymen: And if the French,—we say it again, if the French will - Massacre each other in : the : quarrel of Lilties and Bees, the letters L. 0r...".,5T„i: if the ‘vhole question is to be, whether the Cabinet_ of Versailles are to be nil, or only half of them Jacobins, then, in the name of common sense, let Europe .make an arena for the combat, inid, sit round looking on till these savage Gladiators exhanst themselves, and a promise may be. earned, of Peace to the World. With regard to NEV'S trial by the House of. Peers, we see nothing of political interest in the change that has been made, ‘vtiether arising from ignoranct in France of the powers of her several Courts, or from the multitude and aggravated lio!ror of her crimes rendering it difficult to de termine by whom, or ho+v they ought to be tried. Nev has claimed and obtained his Peers—where could he find them but in France, or * " * —but .._, • • - • • we will give the Devil his due, and institute no odio,us. comparisons, for magnanimity has said, that even he is nut so black as he has been painted. The address of the Duke of RICHELIEU .has been raved against as " breathing nothing but vengeance ;" " calling for pimishinent,beiore evi dence is submitted ;" and it is exclaime;l—" What " is this but a condemnation before hand, pro ". nounced by tie first Minister ,of the Crown, " influencing the decision of a maj:Jrity of the Chamber ? To talk after this of a trill, is so manifestly a mockery, that it at,once (liqlays i‘ the unparalleled folly of the Ministers lorihing "to their o tvn views, and upon o..vn grounds, in destroying every appearance of " impaitial justice." 11 the foolish person who penned this farrago had given himself time to recollect, that the MAI! of RICHELIEU was merely thee Pub/ie ,;ceu.?er, he have found out th't his speech was pre . cisely of the'sanie fa:11(1re AV ith all other speeches delivered 1.)3'! persons in that chard.eter;by vocatt; in CFI:n . 11:11 ec,tirts, 3(7: if Ili.; informs' don dotsnot emtble him to make this diicoverYl lie luny refer Sliteeil69 ogolust Lord 11.1ELvit.Li; And his own comments thereon' previous, to the ttial juil acquittal of thit i g“11 illustrious State Dliiu; The French Police havit iecctitly been 1116ra both with regard tb disbanded tr oo p s in Pnris :And all strang , :rs. C.V.I*NING Still remains nthires, /AL tcil f C& rrainly ret urn to E ng l An d lo ,.,, t i nt , t h e spring , though we believe the precise petiod it; not 'Y et d eterm e d in. t - .act - •' The Company's ship ScaiebV Cade , 11. 0 11 China, also the Country ships Cornwallis 2 0 Swallow, arrived in the DouinsyesterdaY morn& Scaleby Castle left .China the 12tb . April, Batavia the 30th May, the Cape 26th Aug. and St. Helena the 21st September. • The .antis hos art ived from Rio Janeiro, ho bri T ng" 1 ing intelligence to the 6th of Septensher• • ReGENT is said to have tiliandotted all tention of rtql: riling to Europe, both front pri" td and put:lie motives. 'Fite . 1) e followint, -one of letters contammg interesting pktrticillars " Rio De JANtuno, SEPT. 5.—A Spanilt frigate 1, 4 5 1 : 0 4 rived front Europe with General Vigudet board. A b :i L l t tittle after his laitiling he waited on the Prince itege 9tl whom he remained closeted,- two hours. ItuntoOr it ttic he comes to negoeiat a marriage bete; ,err i et Wiwi° , 1 1, "6 4 ,, i Second daughter of 'O)6. Itezent, and b ehy ", " thal Carlos and the Third Daughter, but iV is more prObab,e tech the object of his missien is to war aganm Buenos, Ayres, and otherwise to assist 8 1 7819 the re-possessing herself of the .adjaectit Provinces. 11 . 6 r, greatest harmony at present prerails between the Pot ti , ;l l ` ii j and Spanish Courts, it it not that the Geu L at , will succeed in his views with this Government for' persuade lite Prilice to <wt' tack.on the Iterolutionists,of La Phtta." Sir HENRY TORZE.NI 'did not leae totrn a nt !' ° inarvellous or unexpected wanner as ha s E l stated.. Ills mission relates mercy to the inie rt !'i details of the army. Sir FlaNtzY (alien " 113 hint Air. Litt-mu:Y . , one of the principal - Cl erks :i f he anti Secretary; ( i : " :s n : t e t t e : e t t e e l t r t i • f tit in town e ' n it: o a f t t i c ::a (i t t::tr v . t s. ' ,B: ( o c > t i ii T i F f t ° o 6. : l bsent o night. ti ()ur Readers will doubtle ss recollect the • which were stated in various papers to 11; 0 -' Pre vuiled in Paris, relative to a m i s „,,d e rstantl in g, between-his IL 11. the I)tikc of Bettev - and' R t i o , l, Grace the Duke of IVELLI:':GTONy as tisell tin interview and explanation which were s8i(11„17: have been the result Of that tioderstanding• have taken !mins to hoot ottrsfqtr.-, accuratelY 1 chits stit , jcct ; and we ate antlotti•ed to tree l3le. ' t•Jise --- dill the repol•ts in question are cIF ire. t V •- inzes,) . Theri)iike of -WEL-I.lNoToic, we have reason t o * beheye,•has blen'z.otne time on his ;.;third the plots which were couneet - Jd will) the trial "' „d Nr.Y ; a!)(i.is prepatett to se i ze the i r r ingle- T it (.l r t l 'f :tdt S ( 1 . , : i t ti i rs u z li .p l ef e i their ley c,‘ll,eql:ence of the gr,eat Circia‘ttilig ittUditiftt, numerous indi% n ottlC issues of Slll.ll note,. Th e sc, as ,vt as 1310 14 : n!'te-3., hate been generally counterfeited. —The ettltur% of sugar-is practised in the southtloi State l ; with considerahle silecess; awl "I" ar " Cf • 1..31 'gt casks had been t'SpOrteft trotri one verso estate.—Nuitterous ettligintions take- place daib' front the northeni to the southern an 44 Wes s icili t States. Positive information - had been r.ece' vt:( at lintfalo, of a tretify . hl;ing been concluded wi..tt%" tht Indians"; Abil - tii - at every indication of hustilaf a rc had ceased.----*-iiiii-s upon *Lutiiiiin *Bost" ° lll- 1. 2 ' pei . - Cent.. discount,. Whilst at 13aitillw r° , they are as high as 20 )er•cent. discount . difference arises • front tbe. comparative err:Alit 04- tt?e hank paper at these places. • . Ott the 1 7.th of August, the Masters of SC, lcr i, American . merchant ships, being at Point-a-tietr-, in GitadalOttpe; sent -a petition to Sir that LEtl'H, the Governor di that Island, praying" they aught he allowed to take awa y the I' re' IP. duce "'pith they - had contracted•tO receive , in turn for ti l i l e il, ir .iig c ) argoes sold m blockacl,e to the erchant s siding 'in the Isl an d, previons to Any hostilitly or e t.:ken place. On t'ie aubalers,ft:itl a:ittlist:ilh;ecer IGslitnit. I 1: 3 1 e 0 ° mission for neutr.il vessels to early aw- 1 Y c°l°''" , THE I'tINC:O It EUENT'S TOL , R.- -'lllc i . ' i r of. , R o yal 1 - llghtiesiesi the - PaiNcrt tic GENT 11 1 " 1 '''' L l-e and • C . LAC ‘ ENCE; attended bv - Gener::ll3 l .. o , osll.)° ' i r2 sTett".. Sit' 11/I):'.lti Nll NAGLE, dined a I li"1 t t Hi - market on Monday last; on t.ie.r 11 : 4 ; i : Doti - destirt to tl:e i‘lart - pti•-, of It z „, r vory' 3 ' ero GLAs had the honour o f en t e rtaining bleu 10.)"; Guests at the remains of the Old Pa Lice ' t theStciiy arrived betwee n th ree an .' four i 1111:f i t i:( . : r l i e n % e 'e ry r i )t he. n mortling• the 11Hor 0 been a frListent: v i s i to r at. • races, the inhabitants testified their atttiChttl' and gratitude by a spontaneous and 'gener al ilk' . mitoition, the firing of guns, 8:c. a band of [the- Sci paraded the w a i n stret the greater part of crelling, playing " God save the King ! au other loyal and national airs.. • tL We nitde;stanil the i‘lerchants of Coik pfiY usual cumpl:ment to t new Admiral on taut STA' boat, Sir lit IlAteowELL, K.C. 11 . by ebterc auli ' L‘4 hint at din tier otaltorsilly next ,at M' Dowell's hotel; The Gene - ral and Stuff Oflicers- of the Garrisott 7 and scVeral other Naval and • Military Officers , t"'" getlict . "'id] . the Nlayor, Sheriffs, &c. are invited tit meet hint. C Itl . Co .—A new o f C r i m ., Can, will ciii to be tried in Dublin during the Sittings after 'Term, witielt is likely to excite •a consider able degree• of aftention, in consequence of rank and character of the pa . rtie-i. 111 e are tooter-hell to state, that a Lady, ,vllO lodged -in Abbcy-street,. shot herself yesterday mt/riting, about ttvo• o'clock. She has lef t young and IRla..utiful faintly. No ca u s e has yet been assig A ipi f o r L ic ks n i s i ! ac t.— :: Dub/in Journal/ Not). .11,