The British Press; or, Morning Literary Advertiser.
London, England, 1822-10-07 00:00:00

THE ARMY.

SENTENCE UPON CAPTAIN JOHN JEBB, ROYAL

HORSE GUARDS:

A letter has hewn received by Mayor-General Sir Henry
Tremens, Adjesent•General, from his Royal Hig►ness the
Duke of York. Commander 10. Chief, of which the following
la a copy, verboffes, which will no doubt be issued in General
Orden throughout the Army.
Horse llitarde, 4th Ortuber, 1822.
Silt--1 have laid before the King the proceedings of a
General Otort.martial held at linicbliihridge Cavalry Bar.
racks, on the 24th and 211th September, 1872, for she trial of
Captain Jelph, of the royal regiment of Horse Guard., who
ens arraigned upon the Ender-mentioned charge. :
First —Fur neigh gime. to comply with a rev melonl artier,
slated 181 b April, 1811, respecting the settlement of his re.
gnsental debts, due to the clerk of his troop, though fre.
(prettily applied to by the desk of the troop fur that
purpose."
Second-0 Par diagrarefill conduit, in giving Iwo drafts
In the messinau of the regiment, on the anent., which drafis
were dishonoured, about the 24th ione and 7th July, 1812."
Third—. Fur being repeatedly absent from his regiment
without leave, in the year 1522 sll such conduct being
highly prrjndtrialto cowl order and inilo :try discipline, and
unbecoming she characte. of as. ul!iir and a g. totem in."

Upoti which chargre the Court clinic to the following
dccintoni—

The Court haring taken hitn their eonsidrratioh the
whole of this rase, and hotline daly wi itched the evidence
laid before t►ee,, se will on the part of the prosecution an
Is) Captain Jehh in his &leder, are of opinion as to the flint
chary., that C.ptnin Jehh •fa golitTy of liariuT oral. rte.' to
comply with a reatmeutal nrder, dated 18th April, 1821,
respecting the settlement of Ins regimental debts dor to the
elide of his troop, such drbta having bren made known in
hint by the Whop account book britig r xhibited to 111111111
the moat m

.41 to the second charge, that CiptninJ•lib is guilty of
having given 1%0 dist(' to the mestmatt of the regiment. on
the agents. which dr.fts rice rhadsononied shoo Ike 24th
Jtioe mid 7th July, 1822, ouch cimduct being in the opinion
of the Court, under all the circumstances stated, a• connect.
it k the ten...action, unwarrsidable and reprehensible.
A, to the third chsrge, Ih4l Captain Jeldi is guilty.
" The (7..111 having found Captain Jebb 2iiiity, es above
stated, do aentence him to be removed from his 31ajesly's
service.

" Havingthus performed a duty which they have considered
themselves called upon to discharge fur the du• maintenance
of discipline in his Majesty's service, the Court are induced,
from Captain Jebb's length of se..tee, from some of the cir-
cumstances which have appeared in the course of this in.
quirt', and ciao fro., the favourable testimonials which
Captain Jebb his had before them, as to Ins character, hum-
bly, but strongly, to recommend hint as a fit object for, bis
Majesty's fivourable consideration...
Ilia \Neely wan 'denied to approve and confirm time find.
ing and seutence of the Court, but in gracious comiirteration
of the manner in which the Court have recommended the
Prisoner, his Majesty is pleased in permit him, Captain
j,bb, to receive the regulated value of his commissions.
I am, Sir. your.,
FREDERICK, Commander i■ Chief.
To the Adjutant. Genera I.

In colirequence of the preceding letter, the fullowiog was
immediately irausinitled by the Adjulant-G I to his
Grace the Duke of WeMouton :
(COPY.)
Horne Guards, October 5,1822.
My Lord Duke-1 have the honour to iramosit to your
Grace the eiopy of a letter addresred to me by his Royal
Mutineer, the Cummroder•in Chief, communicating the
finding sad sentence of the General Court mettle' held for
the trial u( Captain Juba Jebli, of tlw royal regiment of Horse
Guards, together with big Majesty's pleasure thee. pun; and
1 have it in command to ',quest, that your Grace will be
pleased to cause the same to be tuisedistely outifisd to
Captain Jebb.
I have the honour to be, niy Lord Doke,
Your Grace's most obedient humble Servant,
(Sigued) H. TORRENS, A G.
To Field Marshal the Duke of tirellingiun,
K.G. G.C.B. &c. Ste. Ice.

The Duke of Wellington ben on she Conlinens, this let•
te► was forwarded is. she Officer cominsistlitte shr Blues.

Yesterday, after d.vtue Stfbtre, Cul. Drake. M.P., who op.
',eared to be roloto3fultu4 the corps (sod aot R.r It
CJII. d the et gatitent together two the • oltag-hothe, snd there
read aloud the charges and aeott nee to the whole.

We did not Isere, ire Captain Jehb pr.oem, nor inderd any
but the persons officially mew curd such the regiment.
This proreiding sersord to c.cve a powerful sensation,
is whirls Colonel Drake j risMJ, stepping i.ereral times.
After reading souse other Ordure, the rigimeut returor d
to the Barracks.

•
bark is the Jam Rirkard 'rampart. ea Irr arrival
(,r G.brallar, together with s demo betas fen. the 04111 (or
Yd Staffordshire) revival of root (Major G I the tY. H.
Pringle, ft C.B. and M.P. Colonel), in addition in the de-
litehniente directed to proceed to the Meditsrrauesa by 'be
use conveyance.

TO THE EDITOR OP THE OXFORD HTiRALD•

Sigt—A most extraordinary opininu, as it. appears An or,
hiving been inserted io 4 Paper of yours, I shall take the
liberty of making a re. remarks un the e".""da wf it. The
opinion to whicb I allude Is that of the Comusiseioom• of
lifliarispe, is which they authoritatively declare. that eve. y
affidavit swnru before a Clergyman, not feeling a Magistrate,
preparatory to the puldication of banns under the New
Marriage Act, must be drawn up on a ball-mem affitlivit
sump.

Su extraordinary did Ibis epistion appear to m► in the first
iustsnce, that I could nut persunde myself that some
and mischievous person had nut burn playing a hoax
upon the pubic and the Convoisi.inuera—an opinion •Lich
received addititinsl force C. a censiderminn of the •e•
'ninety loose and vague terms tit •loch NJr. Kappest's letter
rso ciosecived; Si, hoarvir., the %.cretcry to the Caienuoi4.
sinners his not dealviiwed the Idler, I am Cons!utliycsi to
view it as his production, snd shall pri.ce.d 1.. rum.n•ot
upon it, and endeavour to ►hew h.,* nuionsidcd the opinion
tlicnio contained is.

The Comoneaionere of Riampe build their opinion, 114 it
appeera from their Secretary's, Mr Kappeu'e letter, upon
the 55111 of George 111. ; and upon reference to that Act I
certainly 6sid the following dame in uue of the Schl doles
annexed to and Nerving past of the Act;—

" Affl,l %% i%% , not Inad..for the immediate purpose of being
,ead, or used in any Court of Lots or Egolts ; for
...fry sheet or piece of piper, psrehmeos or velum Oil whirls
the 1111113 e shall or printed, 2.1.81"

Then follow the exceptions frum the precedine and all
oilier stamp duties. The firit oflshicli is as rotio.b:--
" Affidavits required or suthurised by late, to he made be.
fore any Justice ur Jostler, of the Peace, or hi &re any Coin.
inissi..luer or Commissioneis of any public Bawd of fb•reiitic•,
or any of the Officers arum' under them, or before any other
Commiscioncr or Commissioners appoiated or to 6a appoint-
ed lir Act of Parliament."

Now, I conceive, that under very exception, the opi-
nion of the Commisstiset• of Stamps might be emcees:o:y
eontruver led ; but I will waive this aigunieut altogether, lie-
cause I contend that the 55.11 of George 111. has no:, and
cannot have the slightest reit-mute to Ore subject.
By the 4th of George IV. or, in other words, by the New
Marriage Act, a new set of affilas its, unknown to the law
before this Act, are ieqiiireil ; and persons hitherto incat.a-
ble of administering au oath (fur I know of no authority
which the Clergy, as such, possessed previously to the pass.
iog of this Act to administer oaths) are empowered to take
certain affidavits; but the Stomp Act, on which the opinion
of the Commissioners is Numb el, was passed in the
of George 111. that is, in the par 1815. Thus then the mat-
ter stands: between nix and seven years ego, a Swap Art is
passed, by which certain affidavits then taken are required
to he written or printed on tapir or parchment, hating a
2s. W. stamp; in 1822 a new Act of Parliament is passed
requiring certain oaths to be taken—oaths, let it be ri mem.
heved, which,
of us • previous step to the marriage ceremony; and these
oaths ace, according to the opinion of the Commissioners of
Stamps, to be subjected to the provisions of an Act pass.
ed scree years before the,e affidavits were Lewd of. By
what process of reasoning the latter of these Acts ran be
lerusight within the meaning and provisions of the termer
Act, 1 have the Commissioners of Stamps to explain ; sa-
tisfied that it will require all their official acetate.' to con-
vince the public of the justness of their opinion; fur I am
unable, by the most careful examination, to discover any
prospective clause in the rifidli of George 111. by which the
provisions of that Act are extended to any enactment which
the Legislature may, in their wisdom, deem it expedient to
make at any future time.
We may, I think, pretty confidently contend that the
Howse of Commons sever viewed the Marriage Act is sloe
light iu which the Conimissiomes of Stamps de ; fur in that
rise the Marriage Art must have been regarded as a Homey
hal, nod had that been the case, their well.known and
proper jealousy of the rights of the country would have pre.
vented the introduction of the 'oisome clauses surcest.il in
the House of Lords, or, indeed, of the slightest alteration
hating been made in the Bill by that House.
It used,. I believe, to b^ eintaidered a sound remains of
Judicial practice to construe every Act of the logiabisure as
favourably as possible for the subject. I leave it to the
pubic to determine whether I list • rule has been kept in sight
by the Commissioners of Stamps iu framing the opinion
which they have put forth.
I have been accustomed to consider that the privi!ege
whirl, we enjoy of being exempt frum all tears but those im-
posed by our representatives is • must valuable one;
however, the House of Common+ see fit to de:egate that
power, I hope that it will find some titter body amen to
Mtn's' with it than a Board of Tax or Stamp Conmainnuners;
BOW I trust that they all never allow, under the pretence of
explaining the law or any other pretext whatever, such a
description of persons to usurp that must valoable and int.
pullout of their rights as well as curs with inipunitl.
I remain, Sir, youis, A. B.

1{- main at Spithead —Forte. In the ltarbonr—
Queers Charlotte, Rama ':. guard...Lir ;
Phaeton, Myrmidon, L one ; Apollo and
Ceorge yachts.
OXFORD, OCTORCR A —Yesterday the Revercad
PHILIP NICHOLAS SHUTTLEWORTH, M.A. was
unanimously encted Walden of New College, in
University, in the TOMILI of the late (-tor
GAHNTLETT. The venerable Jot. 1101.13F1e POTT.
Archdeacon of I.toldrut, has been presented by the
Ilishop of Lox noN to the Probesid of Mom, in the
Cathedral Church of Si. Paul, 'oft! by the &sib of
Dr. GAUNTEETT.

At the second or Old Cld ►hcrp fair, held st
Leers on Wedni-ol.iy lao, the number of sheep
4.1 I •iba I I ,:tir ,n•idrrahly les.