The Sun. — London, England, 1830-04-29 00:00:00

troverted, and could not he misunderstood ; it was this—that during the war a neutral could not supply either belligerent with arms or with other means of carrying on hostilities ; but there was nothing in the law of nations to prevent belligerents from purchas ing in the territories of neutrals arms, or whatever else they might require. Great stress had been laid upon the alleged fraud and secresy practised by those Portuguese in their expedition to Terceira. On that point he begged to challenge inquiry—he begged that Hon. Members would look into the correspond ence of the Marquis Palmella, and if, after that, they imputed to him, or to the Portuguese, the secrecy in question, he would abandon the argument altogether. The Marquis Palmella made no secret of the intended expedition at all—on the contrary, throughout the correspondence, he gave frequent and distinct notice that such an expedition was contemplated. The British Government had been, from the beginning, perfectly aware of the proposed expedition, and when it did sail it could not cause us any matter of surprise; but then the false clearances were ad verted to as affording the strongest grounds of accu sation against the Portuguese—false clearances were a matter of every day practice—they were amongst the most common transactions—then the question comes, had we a right to follow them upon the high seas ? Lord Stowell had laid it down that a country had a right to enforce its own navigation laws, but that no State had a right to visit and search the vessels of other countries on the high seas, for the purpose of ascertaining whether or not they had committed any violation of those laws. It was quite clear that vessels belonging to the Portuguese nation, thentt peace with us, had been pursued upon tile high seas, and diverted from the purpose upon which they had sailed. The instructions given t the British officer upon that occasion were well deserving an attentive perusal he did not imagine that the annals of civilized Europe afforded a paral lel to those instructions given to a commander in time of peace. He was instructed to pursue the vessels, to attack them, if necessary, and to prevent those on board from effecting the purposes with which they sailed. These instructions bore the sig nature of the Lords of the Admiralty—they certainly were not responsible for the act—the Government alone was responsible for that most gross violation of public law—a violation of its first principles, fur tiler aggravated by subsequent circumstances—ii could only find a parallel in the attempted seizure of the Smyrna fleet belonging to the Dutch, in the reign of Charles II.; that act of a profligate Sove reign, however to be condemned, was at least com mitted against a power with which he was in open and avowed hostility, whereas this recent act of ours was the act of a neutral and an ally. It was a pain ful consideration connected with this matter, that the same individual should now be at the head of the civil government of this country, who, by a series of the most brilliant achievements, had set Portugal free from the tyranny of the ruler of France. It was, he repeated, much to be regretted, that his tory should have to record that that same individual l i who had emancipated Portugal from that tyranny should, when at the head of the civil government of England, do an act of cruel injustice to the people of Portugal. 'I he transaction would be for ever a blot upon the fair fame of this country. For these reasons, then, he should most certainly support the Right Hon. Gentleman, for he thought snch a case had been made out as entitled him to support. Mr. HARRISON BAT TLEY would oppose the motion, for he thought the conduct of Government was in perfect accordance with the law of nations. Mr. T. P. COURTENAY rose amidst loud cries of" Question !" He contended that the principle of neutrality was not new in the present Government ; the Government of Mr. Canning had acted upon it ; and the present Administration had only copied it from his. In support of that assertion he could quote from numberless speeches of that Right Hon. Gen tleman to show that such had been the principle upon which his Government had acted. There could be no doubt that this country was in a state of the most perfect neutrality ; and lie put it to the House whether it would not be the grossest breach of that neutrality, and of the law of nations, as re spected the conduct of neutrals, for this country to allow any one of the belligerents to fit out here an expedition, for the purpose of carrying on hostiliries —if that were riot a breach of neutrality, he con fessed he was incapable of understanding wherein that breach could consist. The forces were in this country ; they were about to embark, for the pur poses of attack or relief, or the invasion of some part of the disputed territory ; were they then at liberty to make this country a port from which to embark that which could not be called otherwise than a war like expedition ? It had been his lot to see, as indi viduale, many of the persons composing that expedi tion; he had likewise seen them as a Lo ly, and a more complete body of men he had never seen. It wee jus tly and naturally that the Marquis Palmella attached importance to their remaining at Plymouth in a collected form, as calculated to give encourage ment to the party of Donna Maria; while, on the other hand, he regarded their dispersion as likely to bring despair and dismay among the friends of the Princess. But the Government of this countri was perfectly warranted in requiring that body of men to disperse throughout the country; and it was also perfectly warranted, on finding that they went l i to Teiceira, in resisting the wrong at tempted on that occaeion. He was perfectly \tilling to admit that what had happened at Terceira was an untoward event—(A laugh)—but, on the whole, Govern ment could riot avoid taking the course which it had alone. England had maintained the position which her honour and her interests required, arid through out these transactions it was indisputable that the Duke of Wellington was but following the footsteps of Mr. Canning. The gallery was then cleared for a division, and strangers were for a considerable time excluded. On its being re-opened, we found Mr. If. TWISS addressing the House, and con tending that it was impossible this country could allow itself to be made an arsenal for enabling one portion of the subjects of a state with which it was at peace to carry on war against another ; and still less could it allow the British Navy to be made in strumental to such purposes. The Marquis Pal mella was a most skilful diplomatist, and had in the course of the negotiations exerted that skill with considerable effect. The Hon. Member then went through the correspondence between Barbacena, Palmella, and the Earl of Aberdeen, commenting ass each sentence as he proceeded, and contending, that it was impossible for the Government to act otherwise than it had done at the time the expedi tion sailed for Terceira. If a different course had seen taken with respect to the expedition, we should have laid ourselves open, in his opinion, to be charged with connivance in the transaction. Lord J. RUSSELL spoke to order. The Hon. Gentleman appeared to him to have been reading a speech. He did riot know whether that was the case—but if so it was certainly against the rules of the House.—(Hear.) Mr. TWISS certainly had not been reading his speech. It was true that in the coufee of the day he had turned the matter over in his mind, and had made rather copious notes on the subject—(Cheers) —at the same time he begged to state, that he never was aware that he should have occasion to address the House without adopting a similar course. Lord SANDON would defy any lawyer to stand up in that House and say this country was justified in the attack it made upon rite Portuguese on their way to Terceira. It seemed tc he contended, that because we gave a triple warning, we had a right to interfere; but what business had we to make use of the term " allow ;" we did not say so with respect to Russia or France; indeed very little was this Government in the habit of ug such term ,. to Powers that were able to d e f en d themselves-. (Hear, hear.)—lt was only to an unprotect e d in 1 . vidual, like the Marquis of Palmell a , that- such course was adopted. If the Port uguese h ads aisted in lauding, and our ships had sunk them, what would have been the cry then ?—(Hear hear.)— ae must confess that he felt that a blot had been thrown on the character of England by the course that had been adopted. The SOLICITOR-GENERAL—The Govern ment of this country was not only justified, but was called on by every principle of the law of nations, to prevent armed troops going from this country to Terceira. The Portuguese Minister always treated them as troops; and this was also shown by Gene ral Stubbs going to Plymouth, and addressing them as such. If we had not interfered Don Miguel would have bad a right to say that we were pre paring an armed force on the shores of this country for the purpose of attacking his territories. The question simply was, whether the circumstances were such as to justify us sending the force off Ter ceira ? The law of nations required them to pre vent an armament going from their shores, and therefore they were justified in preventing the thing being accomplished by fraud. The troops not choosing to disperse, it was agreed that they should go to the Brazils, and the clearances were for Rio. In the course of the affair the conduct of this Go vernment had nothing in it ambiguous or doubtful; and he wished he could say that the same course had been pursued by the Marquis of Palmella. No tice was sent to the Marquis of Palmella to say that any attempt to reach Terceira would be resisted; and, therefore, it was quite evident that the Portu guese were made acquainted with what the inten tions of this Government were. The Marquis, therefore, wantonly placed himself in a situation of danger—either expecting that he would escape our ships altogether, or that they would not venture to in terrupt the progress of his followers. If these troops , had been permitted to reach Terceira, would this country stand as it now (lid in the face of Europe ? He contended that it would have been quite impos sible for this country to have justified itself to Eu rope at large ; while now the conduct of this country was irreproachable, and its neutrality undeniable. Sir JAMES MACINTOSH had naturally ex pected that the Solicitor-General would have fa voured them with some precedent, treaty, or axiom, to justify what he (Sir J. Macietosli) could call nothing less than an act of lawless violence.—(Hear, hear.)—The Hon. and Learned Gentleman had stated that it was justified because a fraud had been committed. This seemed to him to be the only ground of justification that was worthy of a moment's attention. But the weight of this argument, if it had any, was that, when once fraud had been com mitted, every violence and aggression was justifiable. —(Hear.)—Was this true in International Law ? Was it true in Municipal Law ? Was it adjudged by any decided cases ? He defied any lawyer, however subtle or acute, to cite any one instance that could bear out so monstrous a proposition.— (Hear.)—The general rule on this subject, the maxim that was always relied on, was, not only that you are not to make war on a friendly territory, but you are not to make war in neutral territory, or in that high sea which is the common road of nations, and is a neutral territory to all. You were excluded from a friendly and a neutral territory, and could only make 'war on an enemy's territory. This was the doctrine laid down by Bynkershoeck. This did not justify any act of hostility committed in the waters of a neutral Power; on the contrary, it ex pressly forbade any such act. It was a maxim of the law of nations, that one belligerent was not even to attack another within gun-shot of a neutral terri tory. Every page of the Law of Nations expressly forbade any such acts of hostility. These maxims had on that occasion only been opposed by some general reasoning, and general reason not employed to diminish the horrors of war, not to set bounds to extermination, but to justify extending it further than it has ever before been extended. To such general reason he would give an answer from the highest authority, not from any reasoning of his own, but from the very highest authority England possessed on such subjects, and he need hardly add, that he meant the authority of Lord Stowel. The Right Honourable Gentleman quoted the opinion of Lord Stowel, as delivered in the case of the rladoyenn, to be found in the 2d vol. of Sir Chri stopher Robinson's Reports, to show that general reasoning could not justify any act that fell within the law of nations, but that it must be also justified by the received practices of nations, to which it must conform. The law of nations had, in fact, no other foundation than the practices of nations, and no act that did not conform to those practices could be valid. Ile would not, on that occasion, run a race for the prize of paradox with the Hon. Member for Wootten Basset, he would rely upo❑ the authority of Bynkershoeck, that these laws were not deter mined by reason alone, but by rationa et usa. He contended that the laws of nations were determined by the usages of the civilised nations of Europe. The Right Hon. Gentleman illustrated this view by i eferring to a case in which some of the powers of India were surprised to find their property protected by the laws of European nations, contrary to their own usages. It was necessary to adhere to those rules and practices, and not make others. By a pro cess of reasoning they must be adopted as they had been practised, though they might sometimes be re strictions on ourselves. The argument of his Right Hon. Friend the Vice-President of the Board of Trade was, that we had a right of war against Por tugal ; and having that right of war, his Right Hon. Friend had contended that we had a right to carry it into execution as we had done at Terceira. But had we ever demanded reparation of the Sovereign who was said to have injured us ? If that demand had been made, and reparation refused, then we might go to war. In this case the insult was offered by a Minister; and what a state would the world be in if every error of a Minister were made a ground of war, without first asking for reparation from the Sovereign. He would not vindicate the Marquis of Palmella from any of those accusations which had driven that Nobleman to the frontier of propriety ; but he would say, that the conduct of those parties in England had nothing to do with the conduct of the English Government at Terceira. The Right Hon. Gentleman then observed, that for two months all the exertions of the Marquis of Palmella and Count hayabana were employed to prevent those troops going to Terceira. With reference to our re lations with Don Miguel, he would remind the House that there was a Revolution in Portugal in 1668, arid that then Don Pedro dethroned his brother, Don Alphonzo, and Charles 11. refused to acknowledge the Usurper for upwards of twelve years. There was a better extract, written by Sir Leonine Jenkins, in 1680, which stated the reasons why the Sovereign of England would not recognise Don Pedro, and those reasons were that the King had not yet received sufficient information as to the legality of his possession of the Throne, and that there were certain circumstances in his family his tory, which were not so well explained as to au thorise Charles 11. to acknowledge him ; and that his Majesty of England must be satisfied on all those points before he could recognise the regal authority of Don Pedro. Charles 11. was, perhaps, too scrupulous, for Don Pedro did not appear to be a person who was admitted into the club of Monarchs, and who would be blackballed by every club of gentlemen in Europe. He could conceive nothing worse for legitimate Monarchy than that those who exercise its high functions should be of so bad a private character that 110 gentlemen of Europe would associate with them. Don Pedro was not accused of being a tyrant. There was no Marquis Louie, and no story of the floor of a palace stained with Noble blood. It was never charged against Don Pedro the Second that he had been engaged in a parricide rebellion, and had accepted a pardon for a parricide in the face of all Europe. Great Britain, too, had not engaged herself to give any support to the party of Don Alphonso. She had not promised them assistance; nor envou , raged them to make an attack on Don Pedro. Don Alphonso had never been taught to look to her for support. There was another difference also. It was not charged against the Usurper of the seventeenth century, that lie had insinuated himself into the confidence of the King of Great Britain, and had practised the foulest frauds on him, riot in the character of a diplomatist, for that might be excused, but in the character of a gentleman ; lie had not inveigled himself into the confidence of the King of Great Britain, and, by promises that he never meant to perform, so been permitted to return to Portugal ; he had not abused that con fidence; he had not vouched for his awn good con duct, and obtained the support of pecuniary credit to establish himself in Portugal. The Don Pedro of the 17th century had been guilty of none of these frauds, worthy only of a man of the most despicable character. Don Miguel had insulted the King of Great Britain, and he was perfectly convinced that the King of Great Britain would have found him self called on personally to resent it, had he not been prevented by his high station. His Majesty not being allowed the privileges of private life, his subjects were bound to revenge the insults offered to him. He did not say that the character of D.)n Miguel could give us any reason to interfere, but it was a great aggravation of the usurpation that the usurper was a monster. It was an old saying of a pithy English writer—who was not, however, very popular—that no man declared against reason, till reason had declared against him. This was the case with many of his opponents. They could find in all the laws of nations not one precedent to justify the affair of Terceira, and now they turned round and decried the laws of nations. An able writer who had treated this subject with a view to justify the conduct of Government, had said that he would not refer to the laws of nations, which meant that they all condemned the proceeding. So (lid he. He considered that the conduct of the British Go vernment off Terceira was a most flagrant breach of the law of nations. Mr. CROKER said that the Right Hon. Gentle. man had censured his Hon. and Learned Friend for treating this subject with levity, but he thought the Right lion. Gentleman had not observed a becom ing and serious gravity. He said too, that he would treat it with legal ratiocination, but he had conjured up a bloody usurper, and robed him in the most odious colours, to enlist the sympathies of the House, and make reason be disregarded. There was, how ever, the highest authority for saying that the cha racter of one of two belligerents ought not to in fluence the conduct of a neutral. The Hon. Member read a passage from Bynkershoeck, stating this fact. The supporters of the motion contended that there was nothing in the history of the Law of Nations which justified the course pursued by his Majesty's Government. The Portuguese refugees were re ceived in this country from motives of humanity ; but when they began to organize and arm them selves, they were not only dangerous to our own peace, but it would have been an infraction of our neutrality to Don Miguel to have allowed them to proceed. All that they were asked to do was, to divest themselves of their military character and to disperse ; but this the Count Palmella refused, on the ground that he should then lose the hold he had upon the apprehensions of the usurper. He had a perfect right to say so—but we had also a perfect right to say, " Then you must go away." We should not have been justified, however, in permitting them to go away otherwise as they came. They came as individuals, and as individuals alone could they be allowed to depart. From the first moment it was evident that their object was to make an attack on the island of Terceira. He said an attack— for the citadel at Angra was the only spot on the island that was at that time loyal to Donna Maria. To Angra, therefore, they sent the arms, and the men were to follow. The supporters of the motion had said they should be glad to hear a defence of the act of following those unfortunate persons over the seas. Who first proposed to send our ships to sea for the purpose of taking any part in the proceeding ? The Marquis Barbacena. He pro osed that we should send a cormy with the Portu guese,- which would have been as great a violation of neutrality as could be imagined. This proposition was rejected by the Duke of Wellington. By whom was an extraordinary interference on the part of England again proposed ? By the Marquis Pal mella. He asked for a guarantee. The Duke of Wellington agreed to give a convoy, but on condi tion that they went to Rio Janeiro. Subsequently, however, the Marquis Palmella was led to exchange a convoy for a guarantee. Now as a guarantee was ranch the less efficient protection, he (Mr. Croker) would have been at a loss to understand why the Marquis Palmella preferred it, but for the following circumstance :—ln a daily paper published in Lon don, and called the Times, there was inserted on the 10th of December, 1829, an article which let him (Mr. Croker) into the whole secret. Whether it had been suggested by the Marquis Palmella to the Editor of the Times, or whether it was the sug gestion of that ingenious gentleman's own mind, he did not know, but the article was as follows : " But there is a current report that the English Go vernment insist upon escorting the transports with a squadron, in order to prevent them from attacking the island of Terceira." This was on the 10th of December; and a few days after the Marquis Pal mella refused the convoy, and asked for the gua rantee. The impression on the Duke of Welling. ton's mind, however, had been, that the object from the first was Terceira; and he was determined that what they could not do honestly, they should not do by trick or fraud. This was no hardship. De parting from what might be called strict neutrality, his Grace, with statesman-like humanity, had per mitted those unfortunate persons to fluid an asylum on our shores; but was he therefore to permit them, under the semblance of a peaceful return home, to carry bloodshed into an island in which civil war prevailed ? As it was, one life had been lost : if a contrary course had been pursued, the consequence might have been the loss of hundreds and thousands of lives, in Portugal as well at Terceira. Mr. CHARLES WOOD rose amidst cries of " Question." The Hon. Member briefly supported the motion. Sir FRANCIS BURDETT rose, and was some time before he could be heard, for the cries of " Question." The Hon. Baronet strongly compli mented his Hon. Friend opposite (MCI R. Grant) for his motion, and contended that the Secretary of the Admiralty had argued the question upon a very narrow foundation. The question was not only whether this country had a right to act as she had dome, but whether it was just and magnanimous to use that right. The use of a right sometimes in flicted a great wrong. England owed her liberties to the Dutch having behaved more liberally to her patriots formerly than the English have now behaved to the Portuguese lovers of freedom. In conclu sion, he hoped the Government would express, by the vote of that night, their indignation of the con duct which had been pursued towards these unfor tunate individuals. Mr. Secretary PEEL said it had been decided that a strict neutrality should he observed, and con tended that it had never been infringed. Whenever Don Miguel, who was Governor of Portugal de facto, displayed a disposition to violate the engage ments subsisting between England and that country, even so far as regarded the rights of an individual, he had been threatened with force; and consequently when they enforced the strict performance of trea ties on the one hand, they were bound to maintain a perfect neutrality on the other. When the Mar quis Barhacena requested permission to send out arms and ammunition, he distinctly declared, in an swer to the Foreign Secretary, that they were intended for Brazil. After the declaration thus made, the arms and ammunition were taken to Terceira ; arid would any one, after such a positive breach of a solemn declaration, which, indeed, lie might call a positive protnise or engagement, affect to say that this Government should have suffered itself to be deceived by the empty pretence of send lug out these men as private and unarme d i n di v id ua ls, the arms and ammunition being already provided for them in the stores at Terceira, The opinions of Jurists had been referred to, and the judgments of Lord Stowell had been cited with a triumphant but useless display of learning on this question. Surely the Hon. and Learned Member who had referred to that Noble Lord's opinion ought to have recollected that, in one of the very cases mentioned, that Noble Lord had distinctly declared that any persons who made use of a neutral country for. the purpose of fit ting out a warlike armament, to be directed against a country with which that neutral was at peace, were guilty of a breach of neutrality which subjected them to be followed and stopped on the high seas. Besides this, all men were agreed that the commis sion of any fraud upon a Government by strangers re siding in the country, and practising that fraud with a view to prepare a military armament, was an act that entitled the Government against which it was committed to adopt a course of war against the offenders, and to treat them as enemies, by practising the right of chasing and searching the vessels in which their warlike stores were contained. In this instance the whole conduct of these persons had been such as justly to subject them to such treat ment. They had made representations that were untrue—they had entered into engagements which they had not kept ; and in short they had attempted to practise a fraud on the Government of the country where they had received the rites of hospitality. On their heads, therefore, and not on the head of any one of his Majesty's Ministers, ought the consequences of these transactions to be visited. He denied altogether that Mr. Canning's authority was in support of the principle for which Hon. Gentlemen opposite contended. They had now been for fifteen years at peace, and before many years more should pass away, they would pro bably find themselves engaged in hostilities with every Power in Europe successively, if they allowed other doctrines to govern their conduct than those which his Majesty's advisers had adopted on the occasion then under discussion. He therefore hoped the House would join him in rejecting the proposi tion of the Right Hon. Gentleman. Mr. STANLEY supported the motion; as did Mr. HUSKISSON, who accused the Right Hon. Gentleman who spoke last but one, of aban doning his legal case, having no ground upon which to stand; for he was compelled most unequivocally to admit, that in the present case they were com pelled to make a law, as no precedent could be found in that law of nations which it was so much the pride and glory of England to uphold, and of which her navigation laws forming a part, or at least being closely connected with it, she was so much interested in preserving in all its purity and excel lence. The Right Hon. Gentleman had imagined that the authority of Mr. Canning might be brought in support of the views which he felt convenient to lay before the House on the present occasion. On a memorable debate, respecting the Alien Act, in which Mr. Canning took a leading and remark able part—when the Right Hon. Gentleman was the colleague of Mr. Canning, and by adopting his language, made himself responsible for it equally with the rest of his colleagues—on that occasion, Mr. Canning had said that yachts might sail from this country—that steam vessels might sail from any destination they thought proper, and that arms might be exported as a matter of merchandize— that the whole of this might proceed so long as it proceeded separately. It was in the combination that that offence lay, which brought it within the purview of the law. Surely in the case of the Portuguese refugees, there could have been no combination of arms and of men, for the purpose of an attack upon any part of the dominions of Portugal. The Right Hon. Gentleman then pro ceeded to reply to some of the observations of the Under Secretary for the Colonial Department, and concluded by expressing his readiness to support the Motion. Mr. C. GRANT replied, and the House divided; when there appeared— For the Motion 7S Against it l9l Majority —ll3 The other Orders of the Day were then dis posed of, and the House adjourned at Four o'clock. THE ARMY. We understand that the Colonelcy of the 57th Regi ment, vacant by the death of the late Sir Hew Dalrymple, is to be conferred on Lieutenant-General Sir William Inglis, K.C.13. This gallant officer commanded that re giment on the hard-fought battle of Albuera on the 16th of May, 1811. The conduct of the regiment (the " Die hards," as they are familiarly called in the service), and of its commander on that memorable day, have so iden tified the bravery of both as to give a peculiar interest to the present appointment. It is a gratifying proof, if proof were needed, of that feeling for the honour of the service which influences the disposal of military distinctions; and it may not be inappropriate here to quote the very words in which Marshal Lord Beresford speaks of the 57th and their Colonel:-- " It is impossible, by any description, to do justice to the distinguished gallantry of the troops, but every indivi dual most nobly did Lis duty, and which will be well proved by the great loss we have suffered, though repuls ing the enemy ; and it was observed that our dead (parti cularly the 57th regiment) were lying, as they had fought, in ranks, and every wound was in the front. " Nothing could exceed the conduct and gallantry of Col. Inglis at the head of his regiment." The loss of the 57th regiment in that battle was one major, one captain, three serjeants, one drummer, and eighty-three rank and file killed ; and one lieutenant. colonel (Inglis), one major, six captains, eleven lieutenants, two ensigns, eleven serjeants, three drummers, and three hundred and four rank and file wounded. GENERAL COURT-;MARTIAL. 'The following are the sentences of two of the prisoners tried before the general court-martial held in St. Mary's hall, in this city (Coventry), on the 11th of January last, and following-days : Staff-Sergeant Samuel Franks, of the Leeds recruiting district, charged with conduct unbecoming the character of a non-commissioned officer and soldier, in having, after delivering over some recruits in Canterbury, on the 16th of July last neglected to return to his duty, but went to Chelsea, and was absent until the 4th or sth of August ; at,d also for presenting as true a false march route, in order to receive the sum of 1/. 7s. 6d. as marching-money, which he did receive accordingly. .. The prisoner was found guilty. Mis Majesty has been pleased to approve and confirm the sentence of the Court ; but in consideration of the re commendation of the Court, has been graciously pleased to remit the punishment of imprisonment, but has com manded that Staff Sergeant Samuel Franks be discharged from the Leeds recruiting district, reverting to the pension which he enjoyed previous to his employment on the re cruiting service. Private Thomas Gray, of the 95th Regiment of Foot, for highly unsoldierlike and disgraceful conduct at Derby, on or about the 4th of August, 1829, in having illegally and fraudulently obtained 10s. each from Henry Hind, and Charles Smith, two recruits, whom he had enlisted for the 95th Regiment on the 2d of August, and from whom he received the above-mentioned sums as releasing them from their enlistment. Upon which charge the Court found him guilty. His Majesty Las been pleased to approve and confirm the finding and sentence of the Court ; but, in considera tion of the long imprisonment the prisoner has suffered, his Majesty was further pleased graciously to remit the punishment awarded, and to command that the prisoner be ordered to return to his duty.—Coventry Paper. Last week a ewe of Mr. RIDD's, of Challa combe, produced a lamb having two heads, in one of which were two eyes, and in the other a single eye in the forehead, two bodies from the middle, and eight legs.— North Devon Journal. CENTRE OF GRAVITY OF THE HUMAN BODY.—When a man walks the legs are alternately lifted from the ground, and the centre of gravity is either un supported or thrown from the one side to the other. The body is also thrown a little forward, in order that the tendency of the centre of gravity to fall in the direction of the toes may assist the muscular action in propelling the body. This forward inclination of the body increases with th e speed of the motion. But for the flexibility of the knee-joint, the labour of walking would be much greater than it is ; fur the centre of gravity would be more ele vated by each s tep . Th e li ne o f mot i on o f t h e centre o f gravity in w a lki ng deviates hut little from a regular hori zontal line, so t h at t h e e l evat i on o f t h e centre o f grav i ty i s subject to very slight variation. But if there were no knee-joint, as when a loon has wooden legs, the centre of gravity would move so that at each step the weight of the body would be lifted through a considerable height, and therefore the labour of walking would be much increased. —Dr. Lardner's Cabinet Cyclopoedia. LITERATURE. FAMILY CLASSICAL LIBRARY, No. V. LONDON, 1830. The Rev. Mr. Beloe's well known translation of Herodotus, the most elegant, if not, perhaps, the most faithful, of any in the language, forms the fifth number of this very thriving Miscellany, which to those who desire to glean a just idea of what the ancients were capable of in almost every department of literature, will be found to be of infinite value. As a specimen of typography, in addition to its high merits, the Family Library possesses first•rate claims to public notice. PERSONAL NARRATIVE of an OFFICER AT TACHED to the ENGLISH ARMY of OCCUPA TION in FRANCE, &c. 2 vol.s. POST Bvo.—COLBURN AND BENTLEY. It is a current opinion that the world has been almost inundated by works of this ostensible character, but such as adopt this prejudice against the volumes now before us will commit a great mistake. This is not a military recapi tulation of the thousandth time told story of Waterloo ; but the plain straight forward ac count of a MEDICAL MAN, who mingled in all the proceedings of a regiment which was among the first to leave England, when the call came for assistance to repel the disturber of the peace of Europe, and among the last to return when the tranquillity of France appeared to be esta blished on a secure foundation. The " Narrative" is evidently faithful, and ought therefore to take its place among the historical records of the time to which it refers. It contains a mass of information of a very original and curious description, and is, what it professes to be, a work which owes nothing to invention (unless, indeed, we may express the hope that the tragic story which con cludes it is the offspring of the author's brain.) At the same time there are some highly amusing characters introduced, and not a few dramatic positions which are well managed. The writer seems to have had an eye for all the oddities, as well as the exigencies of the various circum stances under which he was placed ; and though confessedly a SURGEON, must have looked at the things around him much in the manner of a CAPTAIN. We trust he: will shortly realise the hope held out, of letting us hear from him again. MORE SHORT STORIES.-BATH, 1530. An amusing child's book, full of anecdotes, some serious, and others sportive and comic, told in a simple and at the same time a piquant style. The author is the Rev. Edward Mangin. COVENT-GARDEN THEATRE. SouTimex's' affecting tragedy of Isabella, was played at this theatre last evening, for the benefit of 11r. C. KEMBLE, when Miss KEMBLE appeared for the first time as Isabella. The character of Isabella is inferior to very few tragic parts, for the interest which it is capable of exciting. The blamelessness of her conduct, her un merited sufferings at the beginning of the play, and the fatal occurrence of events which plunge her unwittingly and innocently into an inextricable depth of misery at its close, are calculated to produce commisseration, the inten sity of which is increased by the obvious impossibility that any prudence could have guarded her against the sufferings she endures, or that they are the consequence of any fault of her own. The other parts in the play, all of which are subordinate to that of the heroine, are well arranged for producing the effect that is designed by them. That of Biron, slight and sketchy as it is, shows enough of a noble quslity to justify the almost idolatrous affection of Isabella for him ; and the generous infatuation of Villeroy, the unmerited partaker of their sorrows, increases the sympathy which is excited by the destruceon of his pro mised happiness. The character of Isabella is by no means one of the easiest in which Miss KEMBLE has hitherto appeared, and her performance of it showed that she is endeavouring to maintain the reputation she has gained by the only means by which it can be secured—pains and study. Her acting in the earlier scenes of the play, the interview with her father-in-law, and that in which she gives her consent to become Villeroy's wife, was judi cious and effective. The manner in which she conveyed that apprehension of coining evil, of which she perceives the approach before she can discern its form, just before the arrival of Biron, was very powerfully conceived, and her recognition of her husband, produced a striking effect. She rushes tawards him, and falls prone at his feet, as if struck down by the sudden recollection of the horror of her situation. The whole of this scene, and the short soliloquy which ensues upon Biron's leaving her, when despair seizes upon her at the thought of being " married to both, and wife to neither," were very ad mirably given. From this part of the play all is distrac tion with her, and the depicting that aberration of intel lect which the poet meant appeared to us the least success ful part of the performance. The attempt to murder her husband was too cool and collected, and therefore the sense of that speech in which, as her reason returns, she says, " Madness has brought her to the gates of hell, and left her there," was in a great degree lost for want of contrast between it and the other parts of the scene. Her passionate grief at the sight of Biron's corpse, and her own death, gazing on her child uatil her strength utterly fails, were acted with a most natural and pathetic force, and drew from the audience universal applause. Mr. C. KEMBLE'S Biron was very well acted. There is very little in it ; but that little was given with great good taste arid feeling. Mr. ABBorr played Villeroy ; the other parts, which are very insignificant, were tolerably well filled. Mr. G. BENNETT acted Carlos, and although he is many degrees at present from being a good actor, it seems not at all improbable that he might become one if he would study the text of his parts more attentively, and abandon the excessive and misapplied gesticulation and that boisterous tone of voice in which he indulges. Charles the Second followed the tragedy, and was very pleasantly played, anti Miss PATON sang Black Ey'd Susan with great effect. The house was very well filled in every part. The tragedy was announced for repetition on Friday. DOYLEY'S DIVORCE MI, L.—On the second reading of this Bill on Tuesday, in the House of Lords, the following letter from Mrs. DOYLEY to her husband was read, dated April 28, 1829 : " Have mercy on me Doyley, for the sake of your loved and innocent children; and if possible conceal their mo ther's shame. I do not deserve mercy from you, yet for them I sue it ; and let it not be in ♦ein. Let them not, on entering into this world, have that hardest trial to struggle with—a mother's infamy. But, oh, for their sakes, spare your too just anger,—for the sake of him who came into the world to teach us Heaven's holiest attri butes—mercy and forgiveness. In his name, who forgives sinners, forget and forgive me. I should not wish to meet you again, my injured husband, I am too unworthy—l should die with shame—you were always too good for me. But now, oh God ! the consciousness of your love and fidelity and of my faithlessness kills me. Only, if it be possible, conceal my shame, for our children's sake, and my poor old father. The knowledge of my guilt would bring his grey hairs with sorrow to the grave. I have not neg lected your children, Doyley; whatever may have been my faults, they have been minded and cared for : there is not a night or morning that your little Georgy is not taught te, pray to God for his absent and dear father. Leave them to me, and trust in a mother's love to bring them up in the paths of virtue and religion, with the assistance of the great God in Heaven, to whom I shall pray for strength to fulfil my duty to them, and to follow any plan you will deign to mark out for me. May He incline your heart to mercy—may He support you in the severe trial which your guilty wife has brought on you, is my prayer. Show pity to the repentant "CHARLOTTE." " To J. Hadley Doyley, Esq., care of Messrs. Palmer and Co., Bengal." THE KING'S HEALTH. (From the Court Circular.) Sir MATTHEW TIERNEY, after signing the Bulletin of the KING'S health yesterday morning, left the Palace for town, and returned shortly before seven o'clock in the evening to the Castle. Sir HENRY HALPORD remained in attendance on the KING during the day. The statement in a Paper of yesterday, that Mr. BRODIE had been sent for to attend the K I NG on Tuesday evening, is not correct. The complaint under which his MAJESTY is now labouring (Joel not require the attendance of a surgeon. The following is a copy of the Bulletin issued yesterday : " Windsor Castle, April 28, Eleven o'clock, ♦.se. " The KING has suffered less from the attacks of env bairassment in his breathing since our report of yesterday; and his MAJisTr has passed a good night. (Signed) " HENRY HALFORD. " MATTHEW JOHN TIERNEY.° The levee and drawing-room which were to have been held next week have been postponed ; the fol lowing notice was issued yesterday from the Lord Chamberlain's-office : " Lord Chamberlain's-office, April 28. " Notice is hereby given, that tits levee and drawing' room announced for the sth and 7th of May will not take place, but his MAMTY'S birth-day will be celebrated 1 0 the 7th of May in every other respect." A Bulletin will be issued this day, which will tie shown in state to the nobility and gentry at the King's Palace, St. James's. The Duke of WELLINGTON arrived at the-Pslac. about half-past eleven o'clock yesterday morning' and remained till one o'clock, when his Grace left the Palace for London. The Duke of CUMBERLAND arrived about half; past twelve o'clock on a visit to the KING, S 1 after remaining at the Palace about three hours re' turned to his residence at Kew. The Duke of LEEDS came from London yeeter , day, and stayed some time at the Palace. (From the Times.) The Bulletin and the indefinite postponement of the Levee and Drawing-room are very alarming , Why is not some exact account of the KING'S illnes. communicated to the public ? Every body asks with anxiety, " What is th e di sor d er un d er w hi c h 10 MAJESTY labours ?" The Bulletin gives no answer. A loyal nation has a right to more perfect informa tion. In the absence of any authentic intelligence , the universal apprehension (Heaven grant that t" melancholy foreboding may be err o neous ) i s , tha t, the reign of GEORGE IV. is drawing rapidly to a conclusion. (From tlie Morning Chronicle.) Our information that Mr. BRODIE was sent for 1 0 Windsor has turned out to be incorrect. Another Bulletin has been issued, of a less unfr vourable complexion than that of Tuesday. "Ju t these Bulletins throw no light on the nature of the illness. We have heard that th e K ING ' S COM Plail" is a disease of the heart, and that the fear is that it may terminate in a dropsy of the chest. (From the Morning Journal.) Bulletins of the KING'S health are now publishing daily. At first they were at intervals of three and four days. The frequency, therefore, hetoken 6 alarm, to which another symptom may be added/ namely, both physicians sleeping at Windsor. Our private accounts, received from the loot authentic source, and one on which implicit reliance may be placed, speak in the most desponding tone of his MAJESTY. The disorder is represented 05 making more rapid progress than was anticipated, in which it is unfortunately assisted by the presen t unusually warm weather. While life remains there is hope; but we lament to say that the indication i of a fatal malady are but too apparent. (From the Morning Advertiser.) We have the pleasure to state, on the authority of his MAJESTY'S medical attendants, that the KING is riot worse. The attacks of embarrassment in h►s breathing had become loss frequent, or less severer since the Bulletin issued on Tuesday, and the nigh' that succeeded had been passed more comfortably than that which preceded it; but whether thes e kindly symptoms proceeded from the temporary re' lief af f orded by medicine, or from a rallying of th e , constitution, which would encourage hopes of hrou recovery, we are not informed. This is the point which the public is anxious to ascertain, and Wit h which it ought to be made acquainted. We hav e already pointed to the evils resulting from the tlt certainty which exists at present on the subject, 1 011 " now only revert to them to say that they are dally increasing, and that their continued existence cause° the greatest dissatisfaction. Why should this b e the case ? We subjoin the Bulletin : THE KING'S HEALTH. " WINDSOR CASTLE, APRIL 28, ELEVEN O ' CLOCK, A. " The KING has suffered less from the attacks of e av barrassment in his breathing since our report of yesterday , and his 11IAJIIITY has passed a good night. " HENRY HALFORD, " MATTHEW JOHN TIERNEY•° The Duke of CUMBERLAND dined with the Princess AUGUSTA on Tue4day, at her residence in the King's Palace, St. James's. His Royal Highness left town in the evening for his residence at Kew. The Duke of CLARENCE being preventetl from presidi ng a t t h e di nner g i ven b y the Soc i ety 0 ' Friends of Foreigners in Distress, which was to have taken place this day, the dinner is in consequence postponed. Lord ALBERT CONYNGHAM, Secretary 0( Legation to the Embassy at Berlin, arrived at the Foreigo 49, Office yesterday e ven i ng with d espa t c h es f or t h e E ar l ABERDEEN. The Sardinian and Neapolitan Ministers bat' interviews with the Earl of ABERDEEN yesterday, at t he Foreign Office. A deputation of the law-stationers, headed ba t Mr. STEELE and Mr. HERAUD, attended yesterday at tbe i Treasury, and had a conference with the CHANCELLOR the EXCHEQUER. The Chairman of the Commissioner ° of Stamps, the Secretary to the Commissioners, and the Law Officers of the Establishment, were present during the interview. Viscount STRANGFOIIII transacted business yesterday at the Foreign Office. Earl BATHURST entertained the Cabinet Ministers at dinner yesterday evening, at his residence iri Downing-street. The Duchess of WELLINGTON has arrived in town, from her residence at Stratfieldsaye. EDWARD BULLOCK, Esq. Barrister-at-10C has been appointed a Commissioner of Bankrupts, in OA room of Thomas EYANCE, Esq. deceased. Yesterday morning a very magnificent paintct l window, which had been executed in a moat mastelli style by order of bis Royal Highness the Duke of GLO'' CESTEIL,—WhieII his Royal Highness has been graciousli PP leased as Chancello r o f t h e U n i vers i ty o f C am b r id ge , to present to the lnstitution,—was removed to Cambridge, and will this day be deposited in the ball of Trinity C° l ' l ege . Windows of a similar magnificent description h" also been presented to the University by the Loan CHO' CILLOR and Sir NICHOLAS TINDAL. REDUCTIONS A T TUE CASTLE.—We statttti a short time ago, that considerable reductions were to tuba place in the civil department of Dublin Castle. We me derstand that the arrangements contemplated are the abo' fishing the offices of Mr. Secretary GREGORY and IVr' MANGIN, the duties of which are to be transferred to th e office of Mr. TAvr.ort, who, it is said, will act ittinaol i ' ately under the Chief Secretary. —Dublitkilforn. Reyister• THICKNESS OF A SOAP BUBBLE.—NEW Tosr succeeded in determining the thickness of very this latrine of transparent substances, by observing the colou l l which they refle c t. A soap b u bbl e i s a t hi n s h e ll °) water, and is observed to reflect different colours from ferent parts of its surface. Immediately before the bultil bursts, a bl ac k spot may b e o b serve d near t h e top. 1 ; „ this part th e thi c k ness h as b een prove d nut to excee d ti'" 2,500,000 th putt of an inch. .—Dr. Lardner's Cyclopedia. .1.1...••••••1••• Bank St . 3 per Ce 3 per C. * 4 ; per C Ditto Rs 4 per Cei Ditto, 1E Bank L. Ditto 90 Ditto BO India Sti Ditto Bo PRIM Austriat }lnutile! ' Buenos . Chillan Colombi Ditto, 11 Danish . Greek B Ditto, II Guatirol Mexicai Ditto, Rratilia /irazilia] Ditto English BL Ti TRAM SCOT contair Manag ter at Reduce Quart( I n Tv, T Sc MAN Th for tl NVood Care. Tk to du with Th TIIII !Irma ----__ ~_ It cula: JES' bilit: Pala COm rnor a Su dee' JEs Wol mar dot OD 011.11