The British Press; or, Morning Literary Advertiser.
London, England, 1824-01-06 00:00:00

accompanied by Mr. Stephens, the Attorney of Mr.
Andrews in the proceedings against Mr. Connolly, and
some other persons, thought fit, it is stated, to proceed to
Rahley-housi to search the premises. What right they
possessed to do so, or what business, legally or other-
wise, they could have had there, we are utterly at a
loss to discover. The premises had previously been

swept of every individual, male and female, within
the precincts, who were all thrust into dungeons, as
principals in the homicide. The act counnitied, which,
under the cireumstanc.s detailed, never can, we think.
be construed wilful and deliberate murder, gave neither
the Magistrates nor Mr. Stephens, the London attorney

to the execution, any power to search for papers, or ran-
sack Captain Nestor's house. It is stated, however, that
they arbitrarily proceeded to do so. The report in the
Morning Paper before us states, that " the Magistrates
" then proceeded to search for papers; and in performing
" this task they yened certain hares and drawers belong-
" ing to Captain Nestor, and took out some of his p irate
" letters. Against such conduct (the report adds) Captain
" Nestor protested in vehement terms, as inconsistent with
" the necessity of the case, and as being an undue violation
" of his private concerns. The Magistrates, however, (the
" report goes on to say,) said that in such a case they felt
" themselves fully warranted in the cpurse they were pur-
" suing, but meant no personal affront to Captain Nestor,
" who could be in no way itnplieated in the criminality of
" his unfortunate friend." Now we assert that the Ma-
gistrates in question (if sliey acted as the report states) were
not warranted, and that the act was grossly and arbitra-
rily illegal ; and if Captain Nestor be properly advised, be
will instantly have them served with the necessary notices
under the statute, and bring his action for trespass against
them and Stephens, who cannot justify as the constable of
the Magistrates. If oppression of this sort is to pass unno-
ticed, we shall have a system of domestic tyranny eructed
within die country, under which no independent man can

live. In the celebrated case of iViikes and Lord Halifax,
tried before Chief Justice Pratt, afterwatds Lord Camden,
general warrants, even by Secretaries of State, to seize and
search for papers, were declared illegal, and AVilkes
recovered large damages. In cases even of high trea-
son, no warrant by a Secretary of State or a Ma-
gistrate can justify the invasion of the property of an
unoffending third party, or the breaking open his desks or
drawers to search for papers against the accused. In the
pres.nt case, Mr. Connolly, and all within Rabley-house
at the period of the homicide, were arrested and in pri-
son. No clue, therefore, could be wanted to trace the re-
treat of the perpetrators, or of any of them. What, then,.
could the Magistrates or a hostile attoniey want of papers?
Captain Nestor was absent when Grainge met his death ;
no possible investigation, or ingenuity, could implicate hint

in the unfortunate act, or make him a partireps e) ;minis ,
why then should the privacy of his house be subseyueutly
broken in upon, or his private letters be subject to the ar-
bitrary inspection of Stephens and the Magistrates? In
what year of our Lord, may be beg to ask these gentlemen,
has the principle of English law been established, that the
moment an individual is guilty, or unfortunate enough to
commit a single crime of felony, and previous, too, to trial
or conviction, his papers and property become subject to the
gripe of a junta of Magistrates, and their vulgar followers;
or that his letters can be torn from their retreats under
such an inquisition, to trace from them perhaps his habits
and actions for years, and form evidence against him, in
such hands where they may be interpolated or distorted
so as to affect him seriously on the trial for his life. In
Ireland, we have known a Magistrate to issue his warrant
against a horse-stealer, authorising the constable to bring
the thief and the horse both before him ; but in this coun-
try, where justice is said to be better administered (and of
that we have now very strong doubts), in cases of felony,
whether murder or otherwise, it is not, we fancy, usual to
authorise, by the Magistrates' warrant, the seizure of the
felon and his property or papers too. Such things, under
the present glorious regime, were usual in Spain, when the
holy tribunal of the ntereefal Inquisition held its sittings.
Its horrible familiars, who then bore the warrant of the Do-
' minicans, burst on the unconscious victim, often under the
cover of night; and while they conveyed him to one of
the cells of that human hell, where hope or mercy never
entered, the cowled monsters possessed themselves, with
the same gripe, of his papers, as the means of conviction.
In France, at this day, the papers of the accused, under
any political charge, arc always seized, sealed up, and
subject to inspection. But does British law sanction such
a proceeding? Is there one principle or decision recorded
on our books which will support it? We unhesitatingly
assert there is not, and that the conduct reported in this
instance, of the two Magistrates and the Attorney, was
arbitrary, oppressive, and illegal. We arc not fond of
discussing any case which is soh judice ; hut we cannot
avoid remarking, that the way in which the information
for an assault against Mr. Connolly was received by the
Magistrate, and the past haste speed with which the war-
rant was conceded for his apprehension, without investiga-
tion of any sort, appears to us most strange. It is a ques-
tion of law, how far Mr. Connolly was justified in snaking
armed resistance in the house of another, to the execution
of civil process on his person. The celebrated case of
General Gansel, so strongly commented upon by Junius,
is fresh in our memory. But Forster, and other writers
on Crown Law, declare a party would um be warranted in
such resistance when in the home of another, as a mere
visitor. The object of swearing to the assault (which
after all was very doubtful, for it does not appear that,
either a blow or wound was inflicted) is seen clearly to
have been to gain additional authority to break into the
house, and seize under the execution on Mr. Connolly's
person: an expedient of this sort is a svell-known ruse
of the low retainers of the law. But we think, from the
haste with which this warrant was granted, it is impossible
Mr. Connolly could have known he was charged with a
breach of the peace, and imagined it was only a second
effort to arrest him under Stephens's execution, when he
unhappily fired at Grainge. The melancholy result by',
which one human being lost his life, and the fate of
•veral others are now implicated, shows how careful Ma-
gistrates ought to be in investigating firers, before they
lend their authority to the interests and passions of indi-
viduals. The late occurrences in Hertfordshire reflect no
credit on many of' the Magistrates of that county. Scenes
such as that at Itahley-house are but too well known in
Ireland, and have been long the disgrace of the adminis-
tration of justice in that country. We trust we shall
have no second example of the same sort here: one is
inure than sufficient.

'fns }rums.--The news from China created some agi-
tation in the market on Saturday, but yesterday the panic
had inbsided, and the funds rose. The first transfer day
in 3 per cent. eon ols is to-morrow, and the or: rations ex-
cite much interest, the ar•tding day being so near at haul.
Spanish stuck declined ncarlv one per cent. yesterday morn-
ing. The New Austrian 'lona, which declined a little
on Satuitlay, were in request yesterday, at t 5 pre-
mium.

FOREIGN INTELLIGENCE.

FRENCH PAPERS.

Yesterday we received by express the Paris Journals of
Saturday, with the Etude, dated Sunday. The following
are extracts:

'From the Eloik of Stinday.l
PARIS, J•tt. 4.

His Majesty heard Mass yesterday in his apartment;. is Ma-
jesty received, in his saloon, the Deputations of the Royal Court
suit the Civil Tribunal of Paris, as well as the Central Consistoty
of the Israelites.
By a Decree of King Ferdinand VB. M. l'aez, of Cadena, has
been appointed Minister from Spain to I,ontion, and 31 Ezedia is
charged with the management of the liquidations to the British
Government ; M. Anduaga to be Minister to Ikrliu ; J. ,kcosta to
be Minister to Dresden ; and M. Navia Charge d'Affaires to
I Holland.

MADRID, PEC..24:

We expect that Baron d' :role will soon arrive in this capital.
There sonietinies Itapi,en in thi.capital little differences between
the old 1 onstitittional ..lilitia. They are rvpairing the Caserenes,
where the French trisips have been lixtg,sl. The King has given
positive orders tiff the organization of the Itnyal (luau!, who will
be the first regulat, d troops; they will be composed of 8,000 men,
Spanish, and 4,0110 SWUM; the greatest tranquillity reigns at
Madrid.

RAYON NE, DEC. 28.

This day arrived in oust town the 14th regiment of the line, and
tier regiment, of Human. Marshal Molitor is at Soups', from
whence he will set out in a few days tbr France. The lamina:ion
frontlboa scams that they have arrested, since the event of the
14th, u few individuals who wanted to disturb the peace which the
inhabitants enjoy.

17 AR JAN. 3.

The English Papers are full of commentaries on the'3lessage of
the (resident of the United Suites. Every one considers it accord-
ing to his political views and private incline ions; but the fact is,
this long declaration pleases and agrees with no one. It has not
even escaped sharp censers.' on the part of the American Papers.
Mr. 3lonrue, who is not a sovereign, who has himself told us
that he is only the find delegate of the people, has taken in his
Message the tone of a pairertul Monarch, whose armies and fleets
are rt.ady to go forth ow the that signal. He does more; he pre-
scribes to the Potentates of Europe the conduct they are to pursue
in certain circumstances, if they do not wish to incur his disgrace.
s'ach is the prohibition which lie issdes against their ever thinking
of any new colonization its the two .4risericos.
Mr. Monroe is the temporary President of a Republic, situated
on the eastern coast of iNorth America. This Republic is bounded
on the south by the possessions of the King of Simla, and on the
north by those of the King of England. Its independence has only
been acknowledged for forty years; by what title then are the two
A Mel iCUS to be under his immediate dependence, from Hudson's
Ray to Cape Horn ? What clamoors did he not raise to the United
States, when the Emperor of Russia wished to trace the demarca-
tion of the part of territory which he claims on the north-east coast,
as discovered by his subjects ! This Monarch, however, did not
presume to dictate law* to any of the States who have establish-
ments on the saute coast. It was reserved for Mr. Monroe to show
us a dictator, armed with a right of superiority over the whole of
the New World.
According to the political system he would establish, it would
not be permitted to Spain to make the least effiwt to re-enter on the
territory which Mr three cinturies she has possessed.
The King of Portugal, as the American Papers lutre observed
litent4elrrs, could not act as a sovereign and father without exposing
hinim:lf to the wrath of Mr. Monroe. England would require his
previous consent if it suited her interest to make any new military
ur political establishment either in Canada or Nova Scotia. And
yet :.Ir. Monroe's Message contains phrases indirectly hostile to
the policy and ambition of the great Powers of Europe! But
what is that Power which professes so proudly maxims opposed to
. the rights of sovereignty and independence of Groans \Chat is
that Power which pretends to prescribe to subjects the limits of
obedience? Who is she, in short, who does not fear to conipro-
mise the existence of social order, by declaring in the face of lles-
ven that she will not recognise any difference between a Govern-
, mem delitrio aid a if:oil:rumen' do fare I
By bnnging under one point of view all the assertions and doe-
trines contained in this Message, it is satisfactory to consider that
it has not yet received the sanction of any of the Authorities, even
of the country where it appeared ; ard, in short, that the epi-
Mons of Mr. Monroe arc as yet merely the opinions of a private

[From the Consiltutioenel of SatuniaYi
PARIS, JAN. J.

The report has been for some days current, and seems to assume
a certain consistence, that a Conir,ress is to be held at Paris, to dis-
cuss the affairs of South America. It is paid that France and
Spain are well disposed to recognise the independence of the new
Republic, in consideration of a sum of money of a pretty large
amount to be paid to Spain, to dispense with the necessity of King
Ferdinand's raising a loan, and to enable him to indemnity France
for a certain part of the expanses of his deliverance. It is believed
that the States of South America will accept she propositions; but
are these the only conditions to be sought to be imposed on them ?
(From the Journal des Delude, January 3.1
MADRID.
The King has appointed General Don Raphael Mersin General'
and Commander-in-Chief of South America, with the tide of Mi-
nister Mthe Supreme Council of the Indies.
The fellovnng is the current report which prevails it is pre-
tended dui the Minister does not tind support in the Council o•
State for any of the projects, amongst which are the removing of
the customhouses to the frontiers • it is also assumed that the kli-
nistry is to be changed ; it is also said that the Royal Loan is
going to be taken by some foreign houses, guaranteed by the
cltrgy.

MADUID, DEC. 23.
CIRCULAR OF THE FINANCE MINISTER.
" I have written to the Intendant o%* Zamora, under date the lot
of Weember, the following letter:—
" I have submitted to the King, my master, your Excellency's
Report on the open refusal of the Municipality of Zamora to furnish
rations to the whole auxiliary troops. His Majesty, after taking
cognizsuice of the tact, has resolved that, in contormity with the
' decision of the Regency of the kingdom, dated July 10, the said
municiptlity, and every other in the kingdom, at:: to furvinh
rations to the French troops, wherever they may be, in preference
even to the Spanish troops. Besides, independently of what is
expressed in this resolution on the means of rsittibursenient, it in
shocking that troops who left their own country to come here, and
deliver his 3lajesty and his people frosts a civil war, should not re-
ceive what they legitimately demand. By his Majesty's command
I transmit you the resolution, in order that you may cause it to be
published."

[From the try of saturtlay.l
ROME, 1)I C. 21, EVENING.

(P,ITR•CT OF • PRIVATE LETTLR.)
During last night the lope suffered so much pain, that the at-
tendants, on entering his apartment, found him in a state of com-
plete exhaustion. He had confessed the day previously, and had
appointed to-day to receive the sacrament. So violent were the
convulsions last night, that his danger was extreme. This even-
ing he is a little boater, and has taken a little jelly and broth. He
is not nut of danger, but his gate is move favourable. Some days
ago he said to the Cardinal OdeLicachi, who wss on the point of
departing for Ferrara, " At your return you will find a new UAW
slave assembled."

Tt•aiN, DEC. 24.
We have received the following report f mn Alonralier, respect-
ing the health of his Majesty the King, Victor Emmanuel:—
•' Yesterday his state was so favourable, that .hopes were enter-
tained of his passing a tranquil night. These hopes were rea-
lised. Yesterday and to-day his 11Iajuity aces enjoyed his ordinary
meals.•,

(From the Constitullonneg
PARIS, JAW. 2.

The Indicatear of Bourdsaux gives some details of 'the events
of Estella. After stating that an officer of a battalion of royalist vo-
lunteers of Navarre was condemned, by a council of war, to run the
gauntlet, for having at oftbis whiskers, and having gone to Pato-
!scions without leave, the Puma} -thus continue.:—" l'pon the
dal of the execution of the sustaskie, the company having leather
airings in their hands, refused to strike him, saying, IV hat will
become of its soldiers, if, fur so light a fiat. an officer is
so severely punished.' The soldiers most devoted to the officers of
this corps who had ordered so disgraceful a punishment, sided
with dime who did not wish to strike. A firing commenced, and
seventeen men were, it is said, killed, and many wounded, upon
both sides. If the fact be as the hitlieuteitr ststcs, it must. be
highly important to the Spanish government. The reflections of
the soldiers most devoted to the cause of absolute Slonatchy prove
that the human mind has not remained stationary in the Peninsula,
as has been represented by certain journalists, lithe soldiers be.
gin to understand that there is some barbarism in the practice of
the old regime, how much more acutely must not citizens feel the
blessings of a new civilization ?

[From the Moititeme of Saturday, Jan. 3.—Non-OfEcial Part."'
Extract of a letter from the Banks of the Vistula, Dec. 130,
taken from the Journal de Frunkfiwt:—

Since splendid successes have insured In Spain the triumph of
legitimacy, and crowned the wishes of the great majority of a na-
tion which has remained faith to its King, the liberal Journals-
have been obliged to interrupt the course of their sinister prophe-
cies, which are all belied by events, and to renounce their decla-
mations in favour of the pretended heroes of a cause which they
have rot known how to defend by their courage, or still less to en.
noble by their talents.
•' These Journals endeavour to excite fears of chimerical dangers,
and to inspire alarm and distrait, by tithe notions of the present
or past relations of the several Powers with respect to each other.
" Some of these papers have also pretended that General Pozzo
had sent ordenk during his stay at Madrid, to terminate the ar-
rangements relative to the cession of the Balearic islands, which
were the recoinpekce of the good offices lately rendered by Russia
to Spain.
" They have forgotten that the Russian armies hare twice, under
the most trying cireopastances, marched WO leagnet from their own
frontiers to defend the cause of legitimacy, and that the success
which has crowned the generous efforts of their august Monarch is
the only recompense which he has judged worthy of him.
The ahrturdiths invented by these same journalists relative to the
affairs of the East, are nowise interior to those of the pretended
settlement of the accounts of Russia in the Peninsula."

FRENCH Fl; JAM. 3.—Fire per Cents. DE roc.
Back Stock, ; Stapoliton v per L'ents. 79; lirnte
271.—Eu+ar.ge on Lorton, one month, 2.71 r. Colk.; times; toutlis,
2Of. W.—Cos./1 Authrhtbiar.