The National Register.
London, England, 1817-11-23 00:00:00

THE NATIONAL REMSTEII,

branches of the Ministerial prgjet . And here we must
be permitted to remark, that the French legislature, in
the proposition which wit arc now considering, has dis-
played a larger share of indulgence than is known to
our English law. With us, the author, printer, and
publisher, arc all equally obnoxious to legal punish-
ment ; although the two latter, namely, the printer
and the bookseller, may be absolutely innocent of evcry
mischievous intention, Baron Pasquier proposes, on the
other hand, that the responsibility shall terminate with
the author, provided his residence be fixed and known.
The translator of a book originally published in a for-
eign language, is esteemed to be the author, to all in-
tents and purposes ; since a book may be said to have
no existence which is not understood by the purple.
Next in order comes the editor, who republishes a
(French) production, written in foreign commies, or
who puts forth the compositions of a writer deceased.
lie must necessarily stand in the place of those who
are, either from death or distance, beyond the juris-
diction of the French tribunals. It is net until these
three classes of persons, all considered as authors under
several names, have proved thmselves not tangible by
legal process, that the responsibility of the printer is
resorted to: failing him, the bookseller, or distributor
is attached, as the last resource of offended justice.
An additional article completes this member of the
law which M. Pasquier has presented. An author
cannot be liable to prosecution, however dangerous
the opinions he entertains, unless his book has been
actually printed and published ; or unless, without
being printed, it contains a direct provocation to crimes.
In the form of proceeding there is this distinction—
that if the author, &c be accused of a misdemeanour
only, he shall be judged without a jury, by the
Correctional Police : if prosecuted for a crime
of graver character, carrying with it an infamous
or highly penal infliction, he is to be transferred
to the Court of Assize, and to enjoy the pro-
tection of a jury. The most important and critical di-
vision of the subject is what remains behind. The
Journals arc excepted from the manifold benefits result-
ing from the above recited series of just and liberal
clauses. The Minister satisfies himself with clahning
against them, the right of superintendence which is
already so vigorously exercised—and of suflheating, crc
it beheld the light, every sentence of political intelli-
gence and discussion. This all powerful prerogative is
demanded for the King, " because it never has been or
will be in his Majesty's hands any thing but a means
of protection for the State itself." Uuquestionably were
the power to be exercised by Louis XVIII. in proper
person, it would inspire the utmost confidence in every
man, and be a subject of uneasiness to none ; but can
she Baton Pasquier answer implicitly for all the Mi-
nisters who will ever be employed by Louis XV 111.
from the present moment to the Ist ofJanuary, 18:21 ?
Can he answer for all those who have been in the
King's servive since his Majesty's first restoration, or
for any individual of those who arc even now invested
with that high honour, that they never have abused
their omnipotence over the public journals, and that
they never will abuse it, to the oppression of the peo-
ple, or the delusion of the Crown ?

The Paris Papers of Monday last announce that on
the preceeding day a funeral service was solemnized at
the English Protestant Church, in the Rue St. Honore,
in honour of the Princess Charlotte, and a sermon pro-
nounced in testimony of her eminent virtues, and of the
severe dispensation that has visited this country. An
English clergyman preached the fund!!`!.ltrition on the
sorrowful ~w=zon.—i nese papers contain some loyal
effusions applied to the celebration of the King's birth-
day, on Monday, when his Majesty entered into the
62d year of his age.—An article from Stutgard states,
that a new general Diet for Wurtemberg is to be con-
voked for the purpose of discussing the project of a Con-
stitution as modified by the Government. _ _

The deputation from the French Chamber of Peers
presented their Address to the King on Friday last.—
M. de Serre, the President, has made a long speech in
the Chamber of Deputies, recommending alterations in
the internal regulation of the Assembly, and the direc-
tion of their proceedings. In the exposition of his plan,
he alluded frequently to the practice of the British
House of Commons, with which he appeared well ac-
quainted.

All the Provincial papers received in townlast week
concur in describing the solemn manner in which Wed-
nesday was observed in their respective districts, there
was but one feeling every where, one uniform expres-
sion of deep and unfi!igned sorrow. The University of
Oxford, having been represented as deficient in respect
to the memory of our lamented Princess, and placed in
no very favourable contrast with its learned sister of
Cambridge, it is due in justice to the former to state
that in all the Colleges the day was observed as a solemn
fast. Service was performed in all the chapels in the
afternoon which was announced throughout the city by
muffled bells.

Las Cusas, the private Secretary of Buonaparte, stated
some time ago to gave been sent from St. Helena, ar-
rived in the river on Monday, from the Cage of Good
Hope, in the Brilliant merchantman.

POETRY.
-.....-
MONODY,

NOV. U.

ON THE SICCII-LAMXNTED DEATH Or TUE PRINCESS CHAN!.
I.(tl X-WRIT TEN AT TUX SOLICITATION Or • WRUNG
LADV.

EA VEN gave the word, the creel arrow sped,
And ellAtt LOTTEN numbered with th'illustrious dead.
Does Youth does Rank, or Beauty read the line?
How frail our tenure on the things of time?
She who so late in brightest splendour shone,
Presumptive heiress of the British throne,
. l u all the dou'r of youth and beauty's bloom,
One fatal bum has summoned to the tomb
Thro' es'ry vein Britannia feels the blow,
A prostrate nation sinks in genial woe!
Rank most exalted owns tlt' avenging rod,
And penitent, beholds the hand of ('rod'.
Thou supreme ruler both of I leav'n snd ern-Lb,
Whose mighty flat gives te all things, bird ,
Upholder of this imitersal frame,
Thy nays are just, and holy it thy name!
Cris not fur mortals, thy decrees to seen,
To know thy counsel, or discern thy plan,
But with obedience to thy Suv'reigi, st
Humbly subunit, and sing thy praises still.
High as the Heaven's above the earthly sod,
O'er man's ideas, ate the thought's of God.
Nan Nin would linger in his worldly snares,
Pursuing pleasure, hot entrapp'd with cares ;
Affliction snaps his chain, and sets him free.
To taste true happiness alone in thee.
Can gorgeous palaces, and pomp of state,
The courtly flattery of ie worldly great, •
Can nuptial joys, that one great want supplx,
His soul imbibes from thine approt ing eye ?
Go then—nor murinot at the ways of Heaven,
Adversity to man is wisely giv'n,
She open the et trlastin g portals wide,
And bids the pure in heart, thy will abide.
1)o solemn musing's on the world, vain scene t
l'roducc no pleasure to the mind serene ?
Does sympathy's sweet voice no joy afford,
When mind meets mind in tenderest accord'
Were lose divine displays her glorious reign,
hich time shall not impair, or angels blame,
Ilene swells tl e generous purpose of the soul,
The pious act, beyond self-love's control.
Be these the finks of keen affliction's dart,
Tho' nature flinches, ye shall bless the smart.
And thou lore husband in a foreign land,
Revealed of thy fair Charlotte's faithful hand,
Of lter sweet converse, and those helms of Wise,
In love no more t`exchange the holy kiss :
Shalt know in Sympathy's al chain,
Foretastes of pleasure, unalloy'd with pain.
See her invite thee to the realms above,
Where kindred souls unite in purest love;
Her bright example like the Not them star,
Shall guide thy weary hattsteps, from afar,
Eye well the light, as thou puirsit'st the road,
"twill lend to her, to happiness, and God;
And thou fond parent of the royal line,
Who muttriest an only child, lost in her print%
A nation's sympathy—thy vomit' v's tears—
Unite with thme—and bid, dispel thy rear,.
Thy loss is ours—the highest hopes are fled,
For Charlotte's virtues speak but from the dead ;
The beauteous tenement alone remains,
Sad Record of her sublunary pains,
But thrice embalm'd in British hearts, her shade
Reflects the image which her life has made,
Ou Meary's tablet, actions of the just
Shall still smell sweet and blossom in the dust. •
" Mourn not for me, the living 0131111 your tears,
" For far remov'd from earthly hopes and fears,
" I reign in glory's blaze, and ceaseless joy,
" No sorrow know—but peace without alloy!
" Tread the same steps which center'd me in fast,
" Pity the poor, and succour the distress'd;
" So when your royal race on earth is run,
" No storm shall rise to cloud your eVning sun,
" Your menery hononed in a nation's woe,
" And joy celestial you like me shall know ;
" Change a terrestrial for a heavenly crown,
" ATI praise the King of Kings with high renown.
• The Princess Charlotte with Prince Leopold. were in the habit
of distributing Bibles to the poor in the neighbouring villages; on
one occasion, they went into a poor cottage. when the Princess ob-
served a Bible in a very tattered state, she immediately sent a new
one, in which, she wrote with her own hand, " When you read this,
remember Charlotte"

CLAREMONT, Friday Nov. 21.—The answer to the
inquiries to-day after Prince Leopold is, " His Serene
Highness has had a tolerable night, and is much the
same as he was yesterday." His Serene Highness took
a short ride on horseback. The Duchess of l3uccleuch
was among the inquirers.
Shortly after the death of the Princess (it is stated in
an evening paper), Prince Leopold sent an express to
Scotland, for the Earl of Lauderdale, who met the mes.
scnger in Northumberland on his way to town. His
Lordship went to Claremont on Friday week. It issaid on
his entering the room, his Serene Highness rushed into
his Lordship's arms with the violence of a heart-broken
man, and remained in that situation lima full half hour
during which time his grief fimnd vent only in sobs and
groans. Lord Lauderdale at last gently tore himself
away, and endeavoured to lead the Prince's mind to tho
consideration of minor objects. " How delightful it
is," said his Lordship, " to breathe the sweet odour of
these flowers, so diversified, so rich. An eternal spring
seems to embellish those domains ; it is a terrestrial
paradise." It is added, that these observations roused
Prince Leopold, and, for the first time he found him.
self momentarily relieved. " I will," exclaimed he,
" live and ►lie at Claremont. I will devote every mo-
ment of my future life, to carry into effect all the ideas
of that blessed angel, whom I have lost for ever I"
Here he burst into a flood of tears. Lund Lauderdale
remained with hint three hour&

NOV. 24.

APPEAL OF MURDER.

COURT OF KING'S BENCH,—Samtuav, Nov. 22.
W11.141A3t ASHFORD V. ABRAHAM THORNTON.
The interest which the public feel in this extraor.
dinary case increases hourly. The notification, that the
Appellee would be brought up, this morning, thr the
purpose of hearing the counicylea of the Appellant,
attracted a vast concourse of people to Westminster-
ball, and the Court, at an early hour, was crowded to
excess. Many ladies endeavoured to gain admittance,
and several were fortunate enough to attain their oh-•
ject. They stood at the top of the steps, on the right
side of the Bench—a very inconvenient position—but
curiosity is not ceremonious.
The High Constable of IVestminster, assisted by a
large body of Constables and Police Officers, attended
tbr the purpose of preserving order. The steps, imme-
diately leading to the Court, were kept completely clear,
its order to prevent the inconvenience which the Judges
encountered, on Monday last, in their way to the Bench.
A little before nine o'clock Thornton was brought
into Court, by the private entrance, in the custody of
Mr. Gibbons, the Tipstaff, by this means escaping the
4raze of the anxious multitude. He immediately took
his scut at the centre of the Bar, one of the turn-keys
of the King's Bench sitting immediately behind him.
Ile appeared to be perfectly calm and collected, and
surveyed the scene around him with all the unconcern
of an inditkrent spectator. He was, as on previous oc-
casions, dressed in mourning.
About half-past nine o'clock, the Appellant made
his appearance, and took his station on the floor of the
Court, near tae Student's box.
The Judges took their scuts at half-past ten o'clock,
whien Mr. Bedford, the Appellant's Solicitor, handed
to him the counterplea, and made hint affix his. mark to
an accompanying affidavit, in verification of the facts
stated in the countetples, which was then given to Mr.
Le Blanc our the purpose of being read.
Lord Ellenborough—" Call the Prisoner."
Mr. Le Blanc—" Abraham Thornton, come into
Court."
Mr. Reader—" He is present."
Mr. Le Blanc—" William Asliford,come into Court."
The Appellant stood thrward.
Mr. Clarke—" The Appellant is prepared to submit
Iris countceplea."
Lord I.tienborough—" It must be verified by 'affi-
davit."
Mr. Gurney—" His Solicitor is seeing to the attest-
ing, part ."
Mr. Le Blanc—(exhibiting the counterplea, and ad-
dressing himself to the Appellant)—" This is your
counterplea, and you swear the contents of your affi-
davit are true ?.'
Appellant—" Yes."
Mr. Reader—" The Master will be good enough to
read the counterplea
Mr. Le Blanc then read the counterplea, which was
substantially as follows ;
" Saturday next, after eight days of St. Martin, Miehael-
mas Tenn, in the Stith year of George 111. William Ashford
V. Abraham Thornton. The Appellant submits that the said
Abraham Thornton might not to be admitted to wage battle
with him—because, lie saith, that before and at the ti:ne of
his enterioh his appeal, there were and still are, the violent
pilafs following that the said Abraham Thornton was guilty
untie murder w herein lie is appealed."
The cminterplea then detailed the circumstances which
were given in evidence on the trial.
"'That, on the _7lll of M.iy, in the 57th year of George 111.
Xing, e. at the parish of Sutton Coldfield, in the County
of %V ar wick, ;bout the hour of HIM: in the morning, the trolly
of Mary Asliford, in the appellant's count mentioned, was
found dead in a pit of water. That the body was taken out
and examined by different creditable witnesses in this behalf
—and, from that exa Minn, it a-as manifest that the said
Nary Aslif..4 d had been recently alive, and that she had come
to her death by drowning, as in the said Count was alleged.
It also appeared, by the said exat ll ll ation, that some man Ii id
carnal knowledge of her body—she having been up to that
time a virgin—and on licr aims and shoulders the marks and •
bnp cessions of a human hand were visible; the said marks and
impressians denoting., that her at ins had been recently grasp.
ed and lucid with violence.---[The evidence of the appearance
of the unfortunate girl's clothes which were introduced
here, and which ptuved decisively that she hail been
violated is too indelicate to meet the intone eye.] --On cer-
tain grass, growing about forty yards from the pit in which
the bed.), 5545 101111 d, these %rut e the marks and iniprestlion of
a human figure ; front a-htell marks and impression it appear-
ed, 01:11 a human body had been lying thete, and oo the grass
Pear the place, y quantity of blood was seen ; and neat the
said suit, divers other marks and vestiges of blood a ere apps
tent. counterplea then stated, that traces of Mood act e
observable, from the spot where the impression of the human
figure Was seen, upon certain clover glass, and tin afoot.
path neill* the pit where the body was found. It then set
forth, that, on the c veniog of the 211th of May, the said Mary
Ashford was at a flatlee at the house or one Daniel Clarke,
and the said Abraham Thinnoun was also there—and express-
ed himself; of and coaeernniit the said Mary Ashford, in the
presence and hearing of one Johns Cooke, in gros.
to the tidbits hug effect—. I has e had carnal knowledge of
the sister or Mary Ashfm 11, three times, and I will also have
cal ni.l know ledge of her, or die by it." The said Mary
Ashford and Abraham Thornton danced together at the house
of the said Clarke on the 2lith May, and about 12 c'etuck
night th,,y lett the house together, and walked towards the
parish in Lvdington, m the rt 1111 l ty of Warwick. Atlanta
three o'clock in the notriling of the 27th Slay, they were seen
talking together at it eta taiu stile leading to FArington ; wad
about four o'clock on the said 27th, Mary Ashler(' went to
the holm of uuc Mary Butler, where she had on the preeel.