The British Press; or, Morning Literary Advertiser.
London, England, 1826-08-25 00:00:00

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and condemnation of :tit. Burnett to banisimient from the colony
ner !he, space of tire line.. and imprisonment in a place of security
tool an opportunity offered tut carrying the sentence into exe-
cution.
Mr. Burnett in his defence denied the application of the privet.
plea and enactments of the Roman law to the charge that was made
against him, and appealed to certain decisions of the kinglish
acres. by which it had been detennilnetl that memorials aedressed
to the king or Parliament, complaining of injustice or oppression.
and praying for redress, are not punishable as libels. He declined
enteriogmpon any discussion of the judicial treatment he had ex.
perienced from the Judges or from the Government. as he conceived
that etteh a course would only expose him to further prosecution,
and to snore severe punishment.
The ('wart in its sentence declared him to be guilty of an open
violation of the laws, tending to disturb the internal tranquillity
it! the colony, and to lessen the dignity and power of the Judicial
euenorities. It therefure condemned him "to be banished from
the colony for five years, on pain of more severe punishment incase
of his return, and to be confined in some secure place uotil an op.
rnunity should occur of his being sent away."
Referring to the former proceedings of the Colonial Courts, as
well so to the positive enactments contained in proclamation% of the
le•teh Governor', no doubt we think can be entertained of the au.
thoeity upon which this prosecution was bowled.
It has been frequently declared that the colonial courts were to
eteided by local proclamation.; by such of the Bstavian statutes
a. were received and promulgated in the colony, and by the laws of
the several states of Holland, exelained by the Roman law, to which
aereal was to be made where the former laws are silent. inappli-
cent's. or obscure. The flseal has stated to us that he was not able
to tied any enactment in the Dutch or Iherrian statutes, or yet in
tire local proclamations that was directly appliceble to the ease.
'l•e laws of the United bates of Ilollarwl and Flanders were thane
e'en upon the Roman law, rind these systems In combination have
tee: %id the appellation f the Roman-Dutch law, and form the
ettr:ne of a treatise composed by a learned civilian of Holland that
ens been translated into the English lanetente, and. under the run
senes of your Lordship, has been intrieleteed a, authority into the
try' .un els of those colonies that have been added to the British eO.
11 :07 ears, and in which the Dutch laws have been retained.
%%'e believe that the British settlers, with whom Ale. Burnett
eregetted to this colony, were duly informed before their departure
iron England of the nature Pf the laws by which their conduct was
to be regulated in it; and we arc not aware that the right that Mr.
Burnett claimed on bb own behalf, and that of the other anigrantr,
• being tried by the British laws, has been conceded to British
sebjecte minding voluntarily from their own country to a British
fleev in which a system of foreign law had been found to exist,
arti had been continued under the authority that his .Majesty dee
niii tram conquest and cession.
In the present instance 31r. Burnett undoubtedly was made to
feel the difference between the srstem of law under which he had
heed. and that to which he had thus voluntarily subjected himself,
aea by which the act of ad 're sing a mem trial to the Governor of
•e e: Cony, complaining in vielent and centumelions langeinge of the
r nelact of certain fen/lion:tries. and praying fora redrew of the inj is-
ne% he hail suffered, was in itself, and ineependently of all other, ir-
cwevances attending it. considered and punished ass criminal act.
By the authority of the law quoted by the 1 local, its criminal cha-
racter and its punishment were defend; and although we cannot
. 'teem in the description, or in the consequences that arc ascribed
to the offence, in the act of accusation. tad of being "a public
• latitm of the laws, and reeding to disturb the internal peace of
t:. • releny," yet it is impossible not to discover in the composition
of :;:e memorial, an intention on the ;art of Mr. Burnett to de-
tente tie characters of the persons denounced in it, tied a deeire of
gra. tieing personal vengeance, cloaked under the specious pretext
or deeouncirg injustice and of obtaining redrew..
I: will not, however, have escaped your landship's observation,
the, Mr. Barnett had entered nepeals against the :reverel action., in
*tech he asserted that the injustice and corrupt partiality of the
ll'ommiseioners of Circuit had been manifested, and it was, there.
t tn., competent to him to have pursued those appeele, and to have
chewed the professional assistance that is aluays et, corded to
tiene whose poverty entitles them to seek it. He, however, ne-
e:need to mime any course that might hate enabled him to take
ate tage of this ordinary mode of redrew', and suffer:d the term
id twelve weeks to elapse, within which appeals from screened de.
in the district of Uitettliage to the high Court are required
t • • preen med. We are not rum are of any equitable ground upon
a. net 31r. Burnett ought now to be admitted to recover his right
t • eppeal ; nor do we think that is the c vent of arty new inert sti-
le teesr being instituted. it would be followed by dor, rnit refute..
• plea, therefore, of being compelled to apply to the Gevernor
fs memorial, and to represent the conduct of the Cunimiseioners in
its true light, by the use of the terms set forth in the act ef licenso-
r •• . Is destitute of foundation, and it is only necessary to refer to
t ••• tremnrial itself fur an exposition of the real motives that
roe use to it. Censurable an these were, and criminal when
o •• led with the act itself, and tried according to the principles of
tee Roman liw, we think that as there is no proof that the me-
r was attended with any greater degree of publicity than nett
addressing it to the flevernor, the Fiscal would better have con.
s• Mel the feelings of the community if he had exercised the dia.
:,ben with which his inetnietions invest him, and had declined a
praenrution that had the effect of es citing the pubic attention, and
{{'maps its sympathy, in favour of a person who by his iolence of
le ;plane and demeanour her! deprived hintself of all claims to
peel '.c estimation anti respect.
MIT residence in the Albany district. In the early pa-t of
year Ill• 21, we observed a general disposition amongst the re-
sp.ntable classes of the settlers to a ithdraw themselves Irani all
c teeexian with Mr. Burnett, and to disclaim all corneaueity with
leen in ary public proceeding ; and we believe that neither the
ennination of his collodion with the district, nor the entharrase-
r nits in which he had involved himself, excited any feelings of
te ur regret.
le the interval that took place between the prong •ciation of Vie
se.•:ence of banishment and his departure from the col my, Mr.
I:tureen resided in Cape
.Town, and wen suspected of having been
e-..,:,cetr.ed in the composition and publication of an infamous libel,
ti et had been seen by only two Tersons in a eonapicuous part of the
teen, and that reflected pointy upon the honour of the Governor.
A very creditable feeling was evinced by all chute of the inhabi.
taco upon this occasion, and n great anxiety prevanea to discord
the persons concerned in such an act of infamy. In consequence of
information that he received from three persons, the fiscal upplied
to the Governor for permission to search the lodgings of Mr. Iture
nen, as well as of certain other suspected individuate ; and upon
tt• permission, authority was given by the President of the Court
en J.:ant:eta a commissioner to proceed in execution of the weed t;
Vtese forms being always observed when any search of the hewn.,
ol persons of the rank of burghers is considered necessary by the
'l'Leapplicatiori for the warrant was founded upon the sworn and
de ect testimony of an Irish servant of William Edwards, who was
I.J! tined in the gaol, and under sentence of transportation to New
need: %Vale*, for addressing two libellous letters to the Governor,
ar.d. it was found that Mr. Burnett had paid frequent visits to hint.
company with others who had incurred the suspicions of the fis-
I and whose names were also included io the search-warrant.
Nothing material transpired from the search of Mr. Bishop Bur-
✓ett's lodgings, but in proceeding to the prison roam in which Ed_
warts was confined. a paper was found, containing a copy, in the
It :mins citing of Burnett, of a placard elm. had Inen recently dis-
covered and brought to the fiscal by the ofiicers of the police, writ-
tee on the same sheet of paper that had been used by Edwa.da as a
corer for his letters to the Governor. Mr. Burnett acknowledged
theft the hand.writing was his, but that lie had been able, from me-
mory, to furnish it for the amusement of Mr. E. after a very cursory
pretest of another copy that he had accidentally seen. In conse.
querce of further information received by the fiscal, he obtained
pretension to make a second search in the lodgings occupied by
Barnett, when, amongst his papers, was found a composition reflect-
nig severely upon the character of his Excellency the Governor,
the late landdrost of the Albany district, and upon that of a most
reweetable individual, now deceased, who had filled the situations
of Fiscal and President of the Court of Justice. No judichil
notice was taken of these documents. butt the Fiscal having con.
gelded that Mr. Burnett was abusing the indulgence th••t had been
'omen to him, by being allowed to be at large niter his appeal had
been decided by the full Court against that part of the sentence of
the Commissioners which required his confinement in • place of
security until his banishment from the colony could be effected,
rase orders to the officers of police to arrest him. Mr. Burnett
• ::ceded for some time in eluding their attempts to wise his per.
• at -1 at last obtained a passage in a vessel that conveyed him
colony.

We have, &e.
Sined I JOHN THOMAR
g
Wtt.t.tem M. E COLEBROOKE.
T.: :11C Right lion. the Lad Bathurst, E.G., ite.

(G.'S' OF A LETTER FROM LORD CHARLES Imlay ROSIER-
st. a' TO EARL MATIII:RsT, DATED 2GTH MAY, MR; CON-
-1 AWING lIIS 011SERWATION ON THE REPORT OF THE
COMMISSIONERS:—

London, 2fith May, 18Sil.
1141- LORD,—I have read the Report of the CommisAtr.ers of
li..ittiry upon the subject or the petition of Mr. lii.hn , Burgett,
your Lordship diree'cd to be communicated to Inc.
1 regret duit there has not been time to admit of my entering into
a detailed examination of the valuminous Appendix attached to
that Benno; but I am not aware that this circumstance is of any
mate:jail importance as respects the gravamen of the charges brought
I.) the prtitioner against the Governor, and other persons holding
Myth civil situations at the Cape.
I have only to observe, that in referring what I must regard as
tt•e libellous memorial of Mr. B. Burnett to the fiscal, to be dealt
u ith ai.cording to that colonial law which as Governor I had sworn
to administer, I cor.sidered (as I now consider) that I was acting in
sirict dtschargeof my public duty, in which I am supported by the
anaturtd opinion of the first legal authority in the colony.
I have, &c.
(Signed) ChARLIts HENRI' SO3IERSET.
F.Arl Bathurst, LG..

To PRESERVE Po •.% TOES.—Wash them, cut them in
plexs, steep them forty-eight hours in lime water, then
forty-eight hours in fresh water • (Iry them in an oven.
tae hundred parts of fresh potatoes will give thirty so pre-
pared and dried. In thi= state they may be kept for years,
er ;round at once into flour. The flour, mixed with a
third 'art of that of rye, is said to make an excellent bread.
The same author proposes to moisten potatoes dried as
above with olive oil, and thin to grind them, and use them
c.s colfri e.

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