The Sun. — London, England, 1814-09-27 00:00:00

t, he'should.be posted as a liar and a Coward, .1 that eternal dishonour and infamy should h e ••1..0 Tit upon iti:n." That alter this threat Mr. departed. Sir."Baber, in an affidavit, in answer to, one -:•i - orn - to by Mr. Douglas.' explained the reasons which operated on his mind. in. refusing to hold personal conununication wit)) Mr. Douglas ; 'and staled, that long antecedently to the period last 'Petitioned, all intercourse, except on,otlicial sub jects, had terthinated between him and Mr. Doeglas - ; and that he (Mr. Baher) considered M.r. Douglas, as leis ins eterate enemy. It further appeared, that about twelve o'clock - of the same day,-the delendant,'Mr. itagan, called on Mr. Reber, informed hint, • " that he was deputed-by Brown, itt coo - sequence of Mr. Baber's having refused' to hold • ..comintudeation'‘..ith Mr. Douglas, to demaild an • apology for, or writing' contradictory of the re port in , circulation. to the prejudice of Lieutenant Brown's father, which report it was understood • had originated with Mr. Bober." It was also , stated in the 'atfidaCit of Mr.Baber, that although lie refustil to give the writing, or make the apo lo,gy so 'required, he expressed his .willingness to explain,. and did explain, to Mr. Gahagan the circumstances connected ‘vith the reptirt goes tionl—ond expressed a hope, that Mr. Thomas . Cabagan would withdraw himself From further interference in the business ; but that, notwith standing the explanati•n so given by Mr. Baiter, • Mr. 'l'. Gahagan, in arrogant .terms, demanded from Mr. Baber• " a writing contradictory oc,or an apology for, the report in circulation to the pre judice or Mr. M. Brotvol," adding, " that Mr. Balser must take the consequences of a refusal', which Would be attended with everlasting igno miny to him." It also appeared, that after tittering this threat, . T.' Galiagan took his departure ; and that, in a. short time afterwards, a paper was pasted on Wall, opposite to the house of Mr. Baiter, in the liand-writing of Lieut. Brown, containing the • lowing words : " Mr. Thomas Daher is a Liar and a Coward." . • It further appeilred, that about two hours after Mr. Baber had been so posted, Mr. Thomas Ga bagan made another visit-to Mr. Bober, and that, lifter informing him that Licut Brown had put ...his threat into execution, he stated, that Mr. 'l'. tiabaga-n butt by Mr. Douglas, to 'nand satisfaction' for Mr. Baiter for an expression which had fallen from Mr. Baiter in his former • conversation with Mr. 'l'. Gahagan, that Mr. Baber's reason for not •holding any 'comniunication with Mr. Donglas• was, that lie, • - Mr. Douglas, was no. Gentleman, or words to that effect." To this, ,as appeared from Mr. Ba . bees • affidavit, he immediately replied, that. Ire, .Mr. Haber, bad not used the expression imputed • to hint by Mr. Gahagan ; but had said, " that he had forcible reasons" for not holding any com munication with Mr. " Douglas." It. appeared that Mr. T. Gahagan, not satisfied with this re-. ply, intimated to Mr. Baber,•" that he had Made use of the words ascribed to him, and that they., Mr. 'l'. Galiagan and Mr. Babel., must settle that point, and that Mr. Baber should hear further on that subject." 'ie affidavits of Mr. Babel. disclosed other cir cumstances, which we think do not materially bear on the - subject immediately before the Court, and particularly respecting a message which was afterwards sent by Mr. T. Gahagaa to Mr. Baiter; and the affidavit of Mr. T. Gahagan denied gene rally the statement of Mr. Baiter, and asserted, that Mr. Baber did use the offensive words respect .- ing Mr. Douglas, : Several circumstances relating • to the children which had been found- in the Zil lah of North - Malabar, and liberated by Mr. Ba ber, were also stated in Mr. Baher's affidavit ; •. but we do not consider a detail of these matters hs necessary to explain the proceeding before the Court. We shall therefore content ourselves with the preceding summary of the facts which ap peared before the Court ;—in giving which we have endeavoured to detail them as impartially as • possible . It. also appeared, that when the events of this extraordinary day had passed, as we have de ' scribed, Mr. Baber applied for the, protection of the - Civil and Military Authorities Of the Zillah : and that MesSrs. Douglas and Gahagan were re quired to enter into Tecognizancei to keep the peace ; mid L'ent. Brown was placed in arrest. - Mr. Baber, as it was stated by his Counsel, in order to account for his delay in applying to the . Supreme Court, • communicated to the Madras Government the occurrences of the 9th of Octo ber; and, as 'se are informed, for some time ex pected that the Company's Law Officers would be directed to• prosecute the defendants, for of • fences against him as a Public Magistrate.; Early in . the last year, however, he learnt that the Govern - ment did not think it expedient to direct a prose . eution 3. and Mr. Baber then laid •his papers be fore Counsel. Ile. WAS advised that the case was of a nature most fitting to obtain the extraordi nary interposition of. the Law, and was recom mended by his Counsel to apply to the Supreme Court, for a rule to show cause why Criminal Informations should not he filed against the de fendants. In the first Term of the last yeai., the Court was moved for a Commission to swear Mr. Baber, who was then in NOrth Malabar, to the truth of .an affidavit,. containing the princiPal facts already noticed : and, i a the •second Tenn, . which commenced in March last, a rule. was ()b -rained,. calling on • the defendants to show cause why Criminal Informations should not be filed.- - 'l2 his rule, we believe, was granteil by the Lord Chief Justice ; but refused, if our recollection be correct, by. Mr. Justice Macnagh tett, principally upon th i e ground, that his Lordship considered the.Cow'rt not to have. j.urisdiction to entertain such a proceeding. , - The.delendauts, in - the third Te r m, ,appeared by Counsel, and endeavoured to thew cause why the yule should nut become absolute : and their, Counsel, Mr. IL .Galoot b an then took various objections to the, proceedings ; but mainly-contended, that the Supreme Court had . not jurisdiction and.tha, it it had, the pro- -secutor was too late its •ITSorting to it. The Lord Chief Justice - and Me. justice Newbolt, (who had • then returned. from Bombay,) - made the rule ab solute, and gave, their respective reasons for hold ing,. that. the ~h courtad jurisdiction to grant the • „ tea, vve, believe, exptessea a emArary opitilon rc sptitting the jurisdiction ; and stated, tha the prosector had not accounted for the delay, front the time of the otknee to the period of the appli cation to the Court. (To be continued.) DUTCI,I , . A D utch Mail arrived at a late boor last night. The following arc extracts from the-Papers " limssEt.s: SrPT. 19.—The measures for the farther organization and completing of the Bel gia' army are prosecuted with unabated zeal. llis Royal Highness the Prince Sovereign is rcturned from his tour to Flanders. and Zealand.; without having visited the froniter places,, though this seemed at first to he his intention. It is posi tivelY)tsierted here, that he has resolved to go to the Congress at Vienna. --"" They still speak of a camp to be formed be ,- t weeti• Menin and Courtray, of which General Alien is `to have the command. Letters from Luxemburg' inform us that at this moment,nume rolls -corps •of PruSsian troops are passing the lihine, to • march into the former Bishoprieks of • Mentz and Treves, and the Duchy of Ptiex Pouts. " FRANtiEincr, SEPT. I S.-Baroll Frilllollr, Ge neral of Cavalry in the Austrian service,: is ar rived here. We learn from Stutgard, that the King departed on the 16th inst. to repair to the Congress. " BRUSSELS, SEPT. 21.—Letters from Ghent say, that the coolness 'between the Pleiripoten -tiaries is wholly removed, and tluit the conferences - now proceed as they did before the intetruption. Of the subject of the negoeintion nothing tran spires, butit'is - supposed that the principal p()int will not. be : distussed before the return of Air._ Dallas. The'exehange of couriers is very active. Notwithstamling theSe happy changes, it semis that the negotiators on both , -sides think to re main a considerable time at Ghent. "'MILAN, Si'i. 6.—Otii• list accounts from Vienna say, that one of the Archdukes is to be Guivernor of Lombardy. Sicily is in a state of confusion since the dissolution of l'arliathent.— The dissatisfaction of the, people increases daily: they publicly mummy at the plan which the King seems to have to abolish the last Constitution, and all parties unite themselves against this pro ject. " FLORENCE, AUG. 31..—A Decree of his Ex cellency the ConnuiSsioner of his Highness the Grand Duke Ferdinand, in order to remove all uncertainty respecting the titne when bills of ex change became due, has provisionally -fixed, that bills at usance from any places in Ttiscany, upon an- Other place in the.Ditchy, shall be paid at-three days' sight ; those front s Spain, Portugal, Sweden, Den mark, Norway, Russia, Poland, England, and America, three months after date from the Ne-' therlands, Itamburgh, Bremen,sLubee, and Hol land, two months after date ; from other parts of ,Germatty and Switzerland, at fifteen days sight ; from Sicily, Sardinia, Malta, anti' the lonic Islands; -at•thirty days' sight ; from the Levant, Egypt, and the Barbary.states, at one and thirty days' sight ; from Italy, with the exception of Tuscany,. at eight days ; Iron's France, 'and all other places not above specified, at one month after date." BRUSSELS PAPERS. _ STUTTGART), SEPT. 16.—The King set out this morning for Vienna, accompanied by Count Win zingero.de, Minister of State, and a s large suite. BRUSSELS, SEPT. 22.—At Mons geeat prepara tions are making for a magnificent Fete, intended to he gien to his Royal Highness the Prince So vereign, who. is expected to visit that city on tbc 24th. 'Yesterday Air. C;Kemble, the celebrated Eng lish Actor, perlormed here for the first time at the Theatre in the Park, where he teas received with rery great applause. With such Actors the English Theatre ►need not envy those of other nil tioils. Mr. and Mrs. Kenible intend to perform here for a few nights. VIENNA, SEPT. 11.--=-lt is affirmed that the Congress' will t►'e formally opened on the 4th Oct. which is the Fete, or Saint's Day, of the. Em peror of Austria, who, attended by the Kings and Princes, ; will go in procession to the Cathedral, where he will be proclaimed Emperor of Ger many and. King of the Romans. Such is the firm persuasion of the people of Vienna. Strangers who arrive here sprem/i the report of an alliance concluded between two great Powers of. the West of Europe, hitherto rivals, by the mediation of a French Prince. FRANKFORT, SEPT. 19.—The French Journals busy themselves very much with Germany and its concerns ;. and having nothing official to commu nicate, and nut choosing to seem to be gh'ing their own opinion, they date these articlesfrom towns in Germany ; then they are- copied even into German Papers, pass through several heads, till no one knows their origin, and arc looked on as secret disclosures from good authority. We riust be particularly careful, on the eve of the Congress, tc) separate truth from conjecture, and frequebtly from falsehood. FRENCH PAPERS, [RECEIVED TII,IS MORNING.] • MADRID, SEPT. 12.--His Majesty is about to grant a general amnesty to all deserters ; both by land and sea; and t 6 all persons arrested or dis turbed on -account of military and political of fenres_ Criminals fritiltv of leze Moiestv . tile caitieis of falt;c nituley,hlehtliaries; bhispheMtts, robbers, and dilapidators of the finances of the State, are to be exempted frail: the benefits of this 'decree. it exteMs to all who are tontlemtitd to capital punishment, or . to the tallies; &c. BERLIN, 4.—Some changes will be made in the organization of the- Royal Guard ; the re serve has been disbanded, but tt part of the troops of which it is composed will be incorporated with the troops of the line ; the remainder wilt be dis charged to return to their homes. A great num ber of individuals of two regiments of infantry, and the guard, have been also- disbanded. It is said that there will be established in each province of the Monarchy a regiment of font guards, and some squadrons of cavalry ; so that all the Royal Guard ,will for the futute form a corps d'armee of;about 30,000 men. There is about to appear a very detailed Decree on the composition of the Military Forces of Prussia; they will consist of the permanent army_; awl, according to circumstances, of the Landwehr and Landstrum. The King of SAxoNIE• has made preparations tO depart. It is believed that his Majesty, accompanied by the Queen and Princess Royal Augusta, goes-to Vienna. It is said, that Field Marshal Prince Blucher has been invited by the Allied Sovereigns to go to Vienna. The Prince Royal of Sweden will pro bably 'pass through this.city oti his way to Vienna. The Berlinese will seize this opportunity to testify all their acknowledgments ;- for it cannot be for gotten, that it is to him that they are indebted for having, been saved from pillage, and peOdaps from the. destruction of their city. There is a proposi sion for a general organization from all the pro vinces of the kingdoin, HAtiovE-a, SEPT-. 12.—The affairs of Norway are not yet settled. It is certain that there are two parties" in that country, and that that one which 'persists in opposing the Swedes accuse openly and publicly of treason the Counsellor of Prince Christian. The insurrection of tire city of Christiana is 'quelled ; but the minds. of the people are not en tirely quieted. Prince Christian continues to live in the country=he affects not to take an►y part in what has passed ; be leads a private life. It is decided that we shall keep the Dul.e of Cambridge. We always hope that the Electorate of Hanover will obtain some aggrandizement at the Congress of Vienna. PARIS, SEPT. 23.—The Leyden Gazette announ ces ,the nomination of Lieut.-General It. Fagel in quality of Minister Plenipotentiary of Holland at the Court of France. The inhabitants of "•La Place des Uietoires' have at length gained their cause---they removed Yesterday the'colossal statue of General Dessaix.—lt would be desirable that in place of this statue, the indiscretion of which they tried to conceal by carpenter's work, a Inonu- Inent should be raised to perpetuate the happy epoch of the Restoration. They write from Bayonne, that in spite of the. publication of peace with:Spain, the communica .tions with that country are still very uncertain for French merchants. A Fersian and a Turkish Ambassador will, it is 'said, assist at the Congress. S 1' A 1 N. (PRIVATE CORRESPONDENCE.) CADIZ, SEPT. 2.—We have been agitated bCre i hut by the active aid judicious conduct of Gene ral VILLAVISCENCIO order is restored ; and we trust we shall have no more interruption to public .tranquillity., SEVILLE, SEPT. 7.—We hear there has been much disturbance. at Cadiz, and have seen a _Pro-• clamation issued by the Captain-General, declaring martial law, and threatening the' flumediate Pu nishinent of some daring. offenders. It appears that a 'vessel had arrived from,•Barcelona with some coin on board, struck off at that,City, on the supposed Restoration of CM LOS IV. who, it was said, was the only acknowledged King of SPAIN by the Allies; this and other incentives drove the discontented into open action, and the most decided conduct •wasnecessary. to Ainell the . disturbances, which were of the Most serious na ture :, however, the very next post brought the Articles of Peace between the Court of Paris and Madrid, with accounts of the arrival of the Aus trian,Prnssir, and Swedish Ambassadors at the latter city.--4he report of the plague having ap peared at Cadiz is unfounded. The English General, Sir .I..DowNIE, arrived hereto take upon himself the government of the Royal Palace, upon the 27th, the anniversary of his deliverance of the city in 1812. He was re ceived by all the troops, and with a discharge of cannon. There was a Bull-feast, and a grand Ball was given by Captaiii-General the Conde of AiitsßAL, iu. the evening, in honour of the anniversary. Sir JOHN . was attended by 'Co lonel STEELE and several Englidi Gentlemen upon this remarkable occasion, when the whole city strove to do him and themselves justice. A plan has been submitted to Government, to facilitate the communication of this city with the Western Ocean, by enabling -vessels of heavier hurthen to come op to the quay of the town. If the plan is carried into successful,etfect,. Seville will soon become one of the most important com mercial cities in Europe. MADRID, SEPT. s.—The British Consul-Gene ral on Saturday evening entertained the Ambassa dors from England, Austria, Sweden, Prussia, and Portugal ; and on Monday evening these An gust Personages were at a fete given by Mr. GoRDON, the Member for the Shire of Worcester; his Lady is here. It is reported that his Excel lency Sir H. WELLESLEY is shortly going to Eng , land. There is, no reason to doubt but as soon as things have found their level after the late political COIIVithOIIS, *FERDINAND Neill liberate ainfost all his State Prisoners. fl rfo ) CAPTURE OF SITASgiNu- OFFICIAL HULIJETIS' • 0 14: 0 - It et ce, SO " ' SG if " Captain AVAIN'WMG HT, 0t :;Nidjet4 tb )' a3l t Tonnttnt, m arrived early this sornio4 lice, with Dispatches from Viee-Ati"!ii:4l Cocuß,‘,s, Commander in Wet o 9 th e : y - 1 . 1 0i' ; can Station, with an account of the C2kifote and DESTRIXTION, by his AlajestY'3l of the CITY of NVASI-lINGION, 0" u E lt. _after a severe, but brilliant, A ctiao the nemy was defeated with great G 1° 1 ! " On the 19th, the Army' under 'AW g ) C t e ' Ross, with the marihe battalion , a der`lci,ileictl' s - cameo, 'and the rocket corpg Benedict, were enedict, on the right bank of the " On the 21st, the tpe army -adv.aiced to i'` ) Lam, higher up. the 'river on the stone b` l4 ;te , ir armed boats and tende„'ef the f le e t, yod el. Admiral CocKLuaN, junking a CO with the tr movement in emmunnication ashore, i (11) flotilla Pursuit .17;tition_o(),.1:stse ;I:cisj3;;ift:/, th is before them.. " On the 22d, the army moved to IlDrib°-°/11,e, while the boats pursued the flotilla; °lllottce near approach, the sloop which, bore C° llll- be t wi BARNEY'S broad petulant was 0 , b se rved u' or fire, and the whole flatilla was blowo.4.iliiftll/ cession, except the last gun-boat, 'c l ' '4l ic , il l ' e rP l‘ about 17 merchant , vessels, and a 0 , o d quantity of property Were eaptur,ed ‘lnti rO l 4 ll quantity t as were Worth transporting ha ve hecli b •01l away. ' the riv 1 ",In , consequence of this succe.ss,:ar-,6ders4, flank ,of the army was secured, and 'Ala) : o os! Ross,' in concert with Rear•Adoliral C OG % 110 1 '' , f ' detarmined to advance upon the cLII ington. nf te' ri r t , in the course of the 23d, all necess3 he/- 110 t' i rations were made for the advance, an'' v ber , ternoon the troops ( an addition Al o dl i c O t t seamen and marines being landed fr''''' t' • 4t a'l' proceededetileyabbiovoutuascixciuncl(illefsorttzvtaritllisgifs'il: iti, wlet• .110- 1 dr ai enjAc O ida n j boy t r l: c e cia m epnt o ca r ri 7 ll i l t \, l gla,:o:fisttNil,i,cerui2lG4enat T l i t . ~.:1 01 :t ie , tri: I i` e r:irri ,ocito j c lip 3 p ti 1 I .i' Captain PALMER,? of the flehrus, }ll-` owi',., MONEY, of the Trave, advanced to d ot 6 0 burgh, a village, and strona . positia, ~,:lr''',, miles from Washington, ‘V.here the e' lec'l'r el'' , 0 (10' . ti llP estimated ai 8,000 men, . with 09 1111. f h i s IN 11 1 NRY, and the remainder of the er e ``' ° ..'„,i(l''' : de ,.. 1 „f; were posted on very strong groon d ' ,rent vi l l° 0 ... . two batteries. Notwithstan ding Elle , i , (et c ; .{ l, which the state of the weather an d histilWic;!, march and labours had occasioned, , 0 ,1 01 -' l 4l forces evinced the greatest alacritY ;. 3 le, l . , the ,or ' part only of the army was come t i l l ' it , of P"; 0 11 General, seeing a favourable pp°'t'll' Y „ ) 1 '.11? 1 0 1(0" ' i eo resolved not to deter it i and ac' sw ill o il 1500 men advanced upon the enelli)'' .' o f ' 1 , o boe) Il i' position, and totally routed bin), i j o g ,;,1 iii , liJ cannon, killing a great number, 31 ' 11 1' IS'I ' Co l " : ,f; prisoners. Among the latter was Of!' BARNEY, rho was also wounded. c. e cre a V' ~ i Tri,:r:3(frl.dAtl;leDszseocrNe,tatrhiee,sPresident, ili '' : JO - i' of Stale ‘ailliztei of iegPlllllP ts ' are stated to have been present, at ' ° least, of the action. nail,ritsliTelot I "Time British Loss in th is Pt--- 1 19 ' . L 1 was about 43 men killed, so •,iit c , ' h li'',„„j oi , Colonel THORNTON, of the S.3t , p.• i ik o,e sai l" 130 C I i Wooo' and Major BROWN, Of 1"- 0- ii'' i. . 0 .11 P 0 • O A ,/ Lieut. JOHN STAB ELY and Dn-ie - ,01- 1 ta r ' s ii :A:riej 3 0 ii i . : .1 t i li a e . c 4DtlAislitser.g,itnseinidt,s lie, ot t of 4 qii t l ,i; ti„lu ~, ~; ~'E ~all ai t;,, Ic)t te, tks fir hi, 4, (I 1, th, A., • 1,4, r - vo t • .1% ~~'k~ ,~,~, T U 14 t °o • . 41 1 PI . 4 rant. , cll l t bet big dQ 4, " Immediately after the act i°"' %i r " s (I t ' I Qt lyh the A ac n r ie o t s i s ca ti n ie a l r , m oi y o r m, e . t n r l e ti a c ted ,re 4 ' ioto g hF and cter 4 British army advanced ; and , a' ii o sc " atice . by a few shot from the IS , :fv town, took possession of the 1--J " All that evening and nig ht ' - t11( Ployed in destroying' all the P " property. The enemy in hi s to the Dock-yard and Arse' the largest class, just f of seamen e dt n P x c:rl \ t i t r : e[l r ct hC c building, and c or property, to destroyed in evening of turn to it , it was tot 26th, tl the 27 rem to