The Sun.
London, England, 1823-11-20 00:00:00

PARIS PAPERS.

(From the, Etoik.)
The 'English Journals of all parties display an
eagerness to invoke from all Europe the recog-
nition of the Spanish Colonies as Independent
states. But what is it to recognize the Spanish

Colonies ? It is to recognize anarchy. Do they

recognize anarchy ?
In fact, what is observable in these territories
of the new world, where the misfortunes of the
parent state have emboldened some ambitious
men to set at nought its ancient authority ?
Daily the supreme power there is transferred
from one •to another ; daily the form of Govern-
ment is changed ; and the State itself changes its
name. To-day a Republic, to-morrow a Mo-
narchy; at one time it is a popular assembly, at

another it is a fortunate soldier that governs•—

Whom would yiiu then acknowledge 2 The Am-
bassador whom you depute to the Consuls or De-
cemvirs, will, perhaps, be received by an Em-
,peror. The treaty which you will have signed
`with a free country, may be torn in pieces by a

despot.
Where, moreover, would this absurd precipi.
Intiou lend to? Would equity, or even policy

permit the recognition of new States without the
concurrence of the mother country, and without

the assent of the neighbouring Powers ? This
question affects all Ow interests of legitimacy.
Ciin it be believed that all the Powers who
'have disowned the Government of the Cortes—
that France, who has overthrown that Govern.
:went by force of ems, are not, in themselves,
reciprocally consistent.
These Powers, it must be considered, may lend
their aid, the most efficacious aid, to the Paretic
State, if they think that such is the way to put
an endip revolutionary Governments, and if they
desist:llnm employing force, it is only because it
might be demonstrable to them that the remedy
would be more dangerous than the evil itself
and that their efforts to re-establish order would
tend to multiply the elements of trouble
„and confusion.
But, as we have already said, the clamours of
some English pamphleteers cannot be taken on
this side of the Channel, its the echo of the de-
cisions of the Ministry. A prudent Government
does not listen to the suggestions of vulgar
prejudices and national jealousies. What is
desired by thus urging the adoption of pre-
cipitate measures ? The first enjoyment of
commercial advantages, which have been hastily
tkpicted in seductive colours. But how de-
ceptive may be these images I.—how much may
all these hypothesis need 'to be submitted to
the test of VeitSoll and experience ?' Does
it
11014;:e tube first so iuspire more regard and con-
fidence! Can any persons persuade themselves,
that in the great States of the Old World Oil
w1141:1 the situation of the New does not excite
,discussions so violent) there are minds less enter-
prising who reflect on objects of such general in-
Arrest ?
This question will be decided with more
mature deliberation, and what may be decided
AipOn Vi ill be supported, not less with per-
-severance than force. if it was permitted
to read the views of men who exercise
an immediate influence over European policy,
it would probably be seen that the Great
Powers, united by so many ties, have in these
-eventful conjunctures, but one common aim in
'whatever manner the question may be decided,
to insure the parent state some special ad van.
tages, and equality of rights to all other nations.
And, under this hypothesis, what power can
'have' a greater influence than England, which,
from the abundance of capital and her com-
mercial relations, will always secure to herself
,the most advantageous markets ? But far from
laying these bases, and looking on the fu.
lure, what have these writers of Gazettes, who, of
their desks, regulate the destinies of the two
liemiiphere done ? They commenced by re-
claiming South America free an inepe
tnudepon
nt
de facto.. Let them n
incontestible authority ! Let them point out the
'Spanish Colony in which the Parent Slate has not
preserved fortresses, troops, and numerous par.
Aisans ! Whilst persons were rejoicing in the
ttniferns of London, at the capture of Lima, by the
Insurgents, the Generals of Ferdinand VII. re-
entered, as conquerors, the capital of Peru. Let
'these writers, therefore, learn to await what it be-
`longs to time alone to decide, and if the ties of
.America and Old Spain must be for ever severed,
let it be believed that there is suflic!ent calm
the Governments of Europe; to judge of
the degree of confidence which new Govern.
.meets, the issue of long commotioe; in that quar-
ter of the globe relay merit. Even in the very
transactions which would acknowledge
dependence, that high politique, which never de.
wiates from justice and morality, should still
'know how to respect the rights of the Parent
titate.

KNICHTS OF NI ALTA.—The Brussels Oracle of
the 13th instant gives the following as an ex.
utact from a letter written by a respectable gen.
tieman in Paris :—" There is no longer any
doubt that the Order of. Malta will be re-
established shortly. An island of Greece, which
is ceded to it, is already mentioned, but prudence
induces us not to mention it at present. The
Order is going to send Deputies to the King of
Spain, to claim its estates in that kingdom, which
the Cortes ordered to be sold. There is reason
to hope that this negociation will be successful,
The Illustrious order of St. John of Jerusalem
will soon rise from its ashes, and after having so
long served as a barrier to Europe against the
invasion and pillage of the Mahometans, it will
again protect the commerce of the Mediterranean
and Adriatic against the pirates of the coast of
Africa."

THE DUC D'ENGHIEN.

EXPLANATIONS OFFERED TO IMPARTIAL MEN BY
COUNT MULIN, ON THE SUBJECT OF THE MILITARY
COMMISSION INSTITUTED IN THE YEAR ,V 2, FOIL TUE

TRIAL or THE IMIKE.D7ENGIIIEN., •
The unfortunate affair of the Duke D'Enghien has already
given me 20 years of profound regret. •
Now old,- afflicted with blindness, retired
care
the world,
and having nothing to Console-Me but the care of the farriily
which surround me, my sorrows were increased when I-per-
ceived that scenes which doubtless could not be effaced from
recollection, but which at least formed no topic of public dis,
cussion, were suddenly recalled to observation.
However, though at first cast down, I afterwards blessed
Divine Providence, when 1 perceived that an opportunity was
afforded ma which hitherto had been wanting, of giving my
fellow-citizens explanations, without exposing myself to the
charge of failing in the laws of prudence and discretion.
But let not my intentions be misunderstood. Ido not write
from fear, as my person is under the protection of laws which
have emanated from the Throne, and as, under the Govern-
ment of a just king, I have nothing to apprehend from vio.
lence and arbitrary authority. I write to satisfy the dictates of
my conscience and the interests of my family, towards which I
have also duties to fulfil. I write to state the truth, even
though it might be against myself ! Accordingly Ido not
pretend to vindicate the sentence either in form or substance,
but 1 wish to show under what influence, and amidst what
concurrence of circumstances, it was pronounced, I wish to free
myself and my colleagues from the impotation of acting as
party men. If we must still be blamed, I desirous that we
should also be pitied, and that it should be add of us—" They
were very unfortunate !"
On the 29th of Ventose, year 12, at seven in the evening, I
received notice to repair immediately to the Governor of Paris,
General Murat. That General ordered me to proceed without
delay to the Castel de Vincennes, in the character of President
of a Commission which was to assemble there ; and on my ob-
serving And I ought to have an order from his hand, he said—
" the order will be sent In.you with the Government decree
immediately on your arrival at Vincennes : set out quickly, you
will scarcely there when these documents will reach you."--
Such were his precise words.
I was completely ignorant of the object of the Commission;
and for a long time after my arrival at Vincennes I still con-
tinued ignorant of it. The other Members who were to com-
pose the commission arrived in succession and at different hours,
which had been indicated to them in separate orders. Being
asked if I knew why they were summoned, I answered that I
knew nothing more than they did themselves. Even the com-
mandant of the.castle, 111. Bard, to a question which I asked
on this subject, answered that he knew nothing; and on ob.
serving my surprise, he added—" What do you suppose ?
am nobody here. Every thing is done without my orders and
participation. Another person commands here." .
in fact, the castle was filled by the select gendarmerie. They
occupied all the posts, and guarded thein so strictly, that one
of the Members of the CotnnuSsion was stopped for more than
lie could gain admission.
Another, having: received orders to proceed immediately to
Vincennes, . without any other explanation, thought he was
sentihere to be imprisoned. Thus we were all made judges
in a cause of too unfortunate a celebrity without any of us
being prepared for it !
About ten o'clock in the evening we were extricated from the
incertainty in which we had Wen left by the communication
:o me of the following documents :
I. The Government Decree, dated the 2flth of Ventose, year
.2, stating the charges against the accused.
2. An order of the General-in-Chief, Murat, nominating the

Illemberm of the Commission.
With respect to the composition of this Commission, I mutt
observe that it presented nothing extraordinary. It was form.
ed of Colonels commanding the different corps then in garrison
in Paris. 'Met was a general regulation, and the choice which
tell upon us was entirely owing to the accident of our being
quartered in harts.
The Presidency belongs to the oldest in rank; and on that
account I was the President.
The order of the Governor of Paris required the Commission
to assemble immediately, to try without separating. But the
interrogatory by'the Reporter did not close till towards ndd-
night, and it was therefore only at that hour that the business
of the commission commenced.
I must observe that top colleagues and myself were entire
strangers to legal knowledge. We had obtained our ranks on
the field of battle. None of us had the least notion of such
proceedings ; and to complete the misfortune, the Reporter and
the Secretary were equally unexperienced.
An incident occurred in reading the documents. We observ-
ed, that at the end of the interrogatory taken before the Cap-
tain Reporter, the Prince, before signing, had written a few
lines in N'lllcit he expressed his wish to have an explanation
with the First Consul. A Member proposed that this request
should-be transmitted to the Government.• To this the Com-
mission acceded, but at the same moment General
who had placed himself behind my chair, represented to us
that thie,request was " inopportune." Besides, we could find
no provision in the law authorizing us to suspend the pro-
ceedings. The Commission therefore went on with the trial,
and reserved the satisfying the request of the accused till after
pleadings.
Several documents were pot on the file. Some intercepted;
letters, a correspondence ot',lll. Shee, then Prefect of the Lower
Rhine, and in particular a long report by M. Real, Councillor
of State, in which the affair with its ramifications was represent-
ed
as interesting the safety oi' the State, and even the existence
of the Government. In u word, the report contained every thing
calculated to make an impression on our minds, and to induce:
us to believe that the salvation of the State depended on the de-
cision we were about to pronounce.
I proceed to interrogate the prisoner. Tam hound to declare
that he appeared before us with a noble confidence, and indig-
Tiantly repelled the charge of having mixed directly, or indi-
rectly, in any plot of assassination against the life of the First
Consul; but he also acknowledged that he had carried arms
against France, stating with a courage and dignity which did
not admit of our drawing from him, in his own interest, a
variation on that point—" that he bad supported the rights of
his family, and that a Cond4 never could enter France except
with arms In his hand. My birth, my opinion," added he,
" render inc for' ever the enemy of your Government."
The firmness of his avowals made his judges despair. Often
did we put him in the way of amending his declarations ; but
he always persisted in an unshaken manner. " I see," said he
occasionally, " the honourable intentions of the members of the
commission, but I cannot avail myself' of the opportunities they
offer me." On its being notified -to him that there was no ap.
peal front a military commission, he-replied--" I know it, and
Ido not disguise from myself the danger I„ un. I only wish
to have an interview with the First Consul.
What could the Members of the commission do? Let the
period in which this transaction occurred be recollected.
We were bound by our oaths to the existing Government :
appointed Judges we were bound to try, under pain of being
tried ourselves. Judges under laws which we had not made,
but which we were unfortunately constituted the °Nato, why
was it that in appealing to those laws, we could find in them
only a cruel punishment which they afforded us no means of
mitigating ?
It bas been said, that we ought to have declared ourselves
incompetent. To do that, it was necessary that the means
should be proposed : we were not lawyers. It appeared to us,
that our competence necessarily resulted from the Government
decree, by which we were appointed.
It is moreover said, " You should, at least, have given hint
a legal defender, and then all that you say you were ignorant
of would have beeni pleaded for the Prince !" The extreme
negligence of the Captain Reporter in this respect might have
been repaired by me, but the Prince made no application for
counsel, and none of the members reminded me of that duty.
I may make the sure obiervation on the illegality imputed to
the Instruction of the process, and the faults with which the
tenour of the judgment is reproached.
I shall merely observe as to the double minutes that the esti-
mable author t of " The Discussion on the Proceedings of the
Military Commission," certainly did not know a fact which
was not recorded in the documents. The file communicated to
him, and whiCh could only be communicated by the person
with whom in 180 I deposited my papers, was my private file,
and not the official file of the Government, which ought to be
in the archives of the war or police department, along with the
report of the Councillor of State, Real, if these documents have
not not been removed.
Several minutes were drawn up.; among others that which
has been published as a document of the trial; but after that
particular one was signed, it did not appear to us regular, and
we caused another to be drawn up by the Secretary, founded
principally on the report of the Councillor of State, Real, and
the Prince's answers.
This second digest, which constitutes the genuine minute
ought to have been the only one preserved; the other should
have been immediately destroyed. That not being done, was a
neglect on my part. 'fills is strictly the truth.
In fine, in no case are we liable to any reproach and on this
subject we willingly acknowledge the dilemma proposed by die
joiowril des Debatz: for in no case should the execution of the
judment been proceeded in forthwith. The first minute could
notlee acted upon, because it was ineemplete, though signed by
us; it contained blanks which remained unfilled up, and it
was not signed by the. Secretary. Consequently the reporter
and the officer charged with the execution, could not, without

• Savoy., as appears from his paniphlet, an extract of which
has been given in TUE SUN.
Lbpin, of whose pamphlet we have Also given an account.

prevarication, regard it as a real sentence. With respect to the
second digest, which formed the real judgment, as it did not
contain the order for execution forthwith, but solely for reading
the judgmnt to the prisoner forthwith, the immediate execu-
tion was not to be the act of the commission, but solely to those
who, upon their own responsibility, took upon themselves to
hasten that fatal event.
Alas ! our intentions were very different ! Scarcely bad the'
judgment been signed, when, in the interpreter of the unani-
mous wish of the commission,. I proceeded to write a letter- to
the First Consul, informing him of the wish expressed by the
Prince for an interview, and also conjuring him to remit a
punishment which the rigorous nature of the circumstances ult.
flee which we 'hated did not permit us to wave.
At this very moment,* a man who had been constantly in the
hall of the Council, and whom I would instantly name did I
not reflect that even in. defending; myself it doea'not becorne:the
to accuse, said, advancing' towards me," What are you doing ?"
" I am writing to the First Consul to state the wish of the
Council and of the convict." " Your bOsiness is done," said
he, taking the pen, " It is now mine."
I confess 1 thought, as did many of my colleagues with me,
that he meant to say, it is my business to inform the First Con-
sul. The answer, understood in this sense, left us the hope
that the information would not fail to be given. I only remem-
ber the feeling of vexation which I experienced at being de.;
prived by another of the, finest prerogative attached to a duty
which is always so painful.
And how could we have supposed that any one placed about
us had orders to neglect the formalities imposed by the laws ?
I was conversing on what passed under the porch near the
Council-hall. Different conversations were going on ; I was
waiting for my carriage, which, like that of the other mem-
bers, could not get into the court-yard, and this retarded their
departure as well as mine. We were shut in, without the pos.
sibility of any external communication, when an explosion
was heard—a terrible report, which thrilled to the bottom of
our souls, and chilled us with terror and dismay.
Yes, I swear, in the name of all my colleagues, the exe-
cution was not authorised by us. Our sentence directed that
a copy should be sent to the Minister of War, the Grand
Judge, Minister.of Justice, and to the General-in-Chief, Go-
vernor of Paris.
The order for-execution could be' regularly given only by
the latter ; the copies were not yet made out ; they could not
be completed before a part of the day would have gone by.
Returned to Paris, I would have waited on the Governor, the
First Consul, I know not whom I But a terrific report of
musketry had suddenly apprized us that the Prince was no
more !
We know not whether he who so cruelly hurried on this
fatal execution had orders to that effect or not. It' he had not,
he alone is responsible ; if he hadi• the commission to which
these orders were unknown, the commission held in a private
fortress, the commission whose earnest wish was for 'the safety
of the Prince, could neither foresee nor prevent their effect. The
commission cannot be blamed for the result. I again repeat I
am unfortunate ! Twenty 3 cars which have rolled away have not
softened the bitterness of my regret. My confessions are without
weakness; they would lose their value were they deprived of all
dignity. Let me be accused of ignorance, of error, I shall plead
guilty; I may be reproached with an obedience which I should
now know .how to avoid under similar circumstances. With
my attachment to a man whom I considered destined to effect
the happiness of my country; with my fidelity to a Govern-
ment which 1 then believed to be legitimate, and to which. I
had *worn fidelity..-..but let, in justice to me and to my col.
leagues—let•the fatal circumstances in the midst of which we
were called upon to decide, be borne in mind, and let it be said
of us-," They were unfortunate !"

.The Journal des Minds, among some remark's added to an.
extract from the above paTphlet, says—
" BuonaparteAwill exists. A copy is in the hands of a
London notary. in the will, which certainly is his own work,
littotiaparee (and of this we have authentic proof), far from dis-
claiming the responsibility of the assassination of the Duke
d'Enghien, takes it entirely upon himself, anti upon himself
alone. Ile 6 proud of his crime, and declares in express terms
that in the same situation he would not hesitate to repeat
what he did in 1804."

• Stivary again.

THE ARMY.

The 93d (Highland) Regiment of Foot,
recently embarked at Cork, on board the Loyal Briton, Cato, I
and Vibelia transports, has sailed for the West Indies.
The 73d Regiment of Infantry, which is ordered from Scot-
land to Ireland, will embark at Ptyrtinttriek for I)onnnghadee.
The ti nth (t2d York North Riding) Regiment of Foot,
marched from Hull on the 14th inst., for Edinburgh ; where it
will arrive on the 3d of December.
The 17th (Leicestershire) Regiment of Infantry, which
marched from Gosport on the 12th inst., will arrive at Hull on
the 3d of December.
The 23d (Royal Welch Fusileers) and the 77th (East Mid-
dlesex).Regiment of Foot, have received orders to proceed
from Dublin to Cork, in order to embark for the respective de-
stinations.
A Committee of five Officers has again been formed amongst
the corps of Royal Engineers, to take the necessary steps to
carry into effect a plan for
the erection of a monument in West-
minster Abbey, to the memory of Lieut.-Colonel Sir Ric HARD
FLETCHEU, Bart., a distinguished officer of that corps, who
commanded the Engineer Department in the Peninsula from
the year 18011 until the siege of San Sebastian, where he was
killed by a musket-bull, when giving orders, on first leaving
the trenches, to storm the place. It appears the subscription is
confined to those officers who were in the corps at the period of
his being killed.

GUNNERY.—Some more experiments were made
at Leith Fort, on Thursday last, with percussion shells, and
attended with complete success. A target, two feet thick, was
placed atlow water-mark, and several fired into it. It was
found that they passed nearly through it before the explosion
took effect, and the action was invariably forward, as the splin-
ters went into the sea, like a shower of grape. When the resist-
ance it meets, with forward is very great, the action will of course
be again forced backwards; but we do not conceive that al-
most any thickness of timber will be sufficient to resist heavy
metal. They have not yet been tried against a ship's side, and it
may, therefore, appear premature tagive an opinion upon what
ought to rest solely on expFriment. They have, however, been
tried against targets of various thicknesses, from four to twenty-
four inches, made of old ship-timber, and if ever they should
come to be generally used, we cannot help thinking that a con-
siderable change would be produced in naval warfare. It ap.
appears to us that if two large vessels, armed in this manner,
were each to fire a broadside at the same instant, .so as to take
effect, that it would inevitably destroy both. Close action, in.
stead of being desired, must therefore be avoided ; and as a
single shot may go a great way towards deciding an action,
more science and less hard fighting would be required. We
conceive that the greatest security for any vessel would consist
in its lying low in the water, and consequently that those with
only one tire of guns,provided that they carried pretty heavy
metal, would have a decided superiority over larger ones. The
range at present-is double that of a common shell, and it is sup-
posed that it may still be increased. If, therefore, a single gun-
boat, having twr shells partly; filled with combustible matter,
were to attack a first-rate in a calm, at a long range, we
conceive that the advantage would be on the side of the for.
mer, even if the 'latter brought her broadside to bear. She
might tire a great many rounds before she hit so *mall an
object, while the other, having so large a body to fire at,
would seldorner miss, It' a shell struck in the tops, or against
a mast, it would instantly set the saili and rigging on fire. If
it struck-between wind and water, it would either burst in the
ship's side, or, passing through, explode in the hold, and till
it with fire and smoke. A shell tired on Thursday at the Mar-
tilla Tower, at a range of 1200 yards, struck the water, rose
again, an exploded against the Tower ; and a similar instance
having occurred in a former experiment at 800 yards. it is sup-
posed that frequently the effect would not be lost, although
that should occur. We do not think it too much to suppose.
that a shell from a 42. pounder, containing three pounds of
powder, would be sufficient to blow the matimnast out of a
first-rate. It may, therefore, be found advisable for ships of
war to discontinue the practice of attacking forts, however
small they may be. The, construction of the shells used on
Thursday was conxiderably different from that of the preced-
ing ones ; anti the success was not a little owing' to the pains
bestowed on them by the Carron Company.—(Edinburet Coo-
rargi, Nov. 11)

Betviveil Saturday evenitie; ood:YondaY morn-
ing of the last week, the counting-house of CHARLES LAW-
RENCE, EN. Mayor of Liverpool, was entered, and rifled of
about 3001. in notes and cash, and bills of exchange ; the whole
amounting to upwards of 3,000/.
Some farm servants, in passing through Forfar
last week, with carts, halted on the side of the street until they
did some errands. A. basket, containing some loaves of bread,
was deposited in the back part of the foremost cart ; the horse
in the rear commenced an attack upon the contents of the has-
ket, and devoured the loaves before the man returned. " Lord
safe us !" exclaimed the lad, " 1 ne'er thocht that a horse
could cat flour-breac afore.l,....(FdlOurgh Courant, Nov. 17.)