The Sun.
London, England, 1815-01-17 00:00:00

CERTIFICATES.-FEB. 4.

J. Dethick, of Pancras-lane, Cheapside, merchant—W,
Whitebrook; of Little Moor-fields,wine-merehant—H.Cooper,
late of
,Crawford-strect, St. Mary-le-bone, apothecary—W.
Harvey, of Lamb's Conduit-place, money-scrivener—H.
Stone, of Wiltop, Herefordshire, corn-factor—E. Dudley, of
Shoe-lane, pewterer—R. Keeys,,of Front; Sussex., shopkeeper
—S. Hewitt, of Bishopsgate-street, linen-draper—T. Wilmot,
of Cheyney-walk, Chelsea, coal-merchant—J. Bird, late of St.
Martins's-lane, cheesemonger--T. Brazier, of Oxted, Surrey,
.carpenter—l. Roberts of Hereford, wine-merchant.
A PARTNERSHIPS DISSOLVED.'

J. Leigh and E. M. i.rossfield, Liverpool, merchants-P.W.
Betucker, P. W. Brancker, iun. J. -Brancker; and J. Davis,
'Liver pool, sugar-refiners—W.Jones, C. Jenkins, and T. Jones,
Old Compton-street, Soho, warehousemen—E. Murrell and
J.-Mudns, Milton next GraVesend, Kent, oil and coloortnen—
M.• Linwood the elder and M. Linwood the younger, Birming-
ham; silversmiths—W. Falshaw, T. Shaw, and J. Mallorie,
Leeds, woolstapters —R. Newbold and J. Pullin, PoterSfields,
Southwark, Surrey, boopilenders--B. Crosby and R. Crosby,
Stationers' hall-court, hoUlisellersj.-- Clark and T. Lough,
Edmonton, Middlesex, whip-makers---G. Henderson, J. Whit-
tingbam, and M. Dawson, Liverpool, meri;liants—J. BroWn
T. ,Kenney, Wigan, Lancaster,-reed-makers—J. Grellier and
J. Fuller, Mill-wall, Poplar, lime-burners—G. Donnollon and
J. S. Bowden, Copthall-buildings,, Throgmorton-street, Lou-
don, attorney—J.. I3rosrn and A. Sheridan, Charles-street,
Long-acre,, coach-platers., •

sA'xoNY.

To HIS -ROYAL ITIGLINV.SS
Sta,—Ti,e wisdom and sound policy of your
measures, in the *Government of Flanover, hold
ont a bright example for imitation, at this moment,
to the Sovereigns of turopt. When Revolutionary
tleatli menaced their!Civil and Political-Existence,.
'they were indebted, not only to The wise and,
energetic- examples, but to the splendid achieve-
ments, and unbounded generosity, •a. Bait,ain in
supplying them with the sinews. war. lie;
treast:re and her example insured their. I;olitiCal
.:alvatiOn. And nations, in their gratitude, . have
,
bailed her as the bulwark. of karoee---thesolial
'and splendid shieldoltheeiviliml
under your Government, Sir, Britain has.
risen to a height before unattained, and invests you
with an ascendency. rmong Sovereigns._ honoura-
ble to the wisdom of your policy, and due. to its
results in. Naval- and Military Glory. The Usurper
lms been exPelled by arms out ot' yortti-
g4, and Spain ; his choseri and most. retiow,n-
etL
iGencrals hare been vanquished one after.
another; and, his viet‘itious
.httpihled:
rance. 'they laid down their Eagles, their &-
Signs -of Triumph, and their-Laurel CrOwns, at
the feet of WEti..txoroN-L.atribilte ofthechas-
tieed " and Champion of Revolution,'': to
the Child and Champion of Moral Order. amid Bri-
tish Glory.
Under suet circumstances, Sir, a question
highly important in. itself, and comprehensive in
its results, excites at this period throughout Eu-
rope an anxious. inquiry into the Rights claimed,
or the Wrongs iutended, with respect to Saxony.
There is no geperops nature but is touched, no
just principle but is alarmed; on 4p occasion, that.!
appeals with such force and feeling to. time head
and heart. .To your Royal flighness it may be,
perhaps, a. matter of some interest.:. Saxony WAS
the prowl: inheritance of your- renowned.Aneesr
tors, whose rights stand secured in part, by re-
servations for their Descendmas, 'the People
of 'England it is .not tt istic,tion.ofindiKerence :
Saxony was. the cradle of- our forefathers ; and it
is our country bydescerit. But besides such mo-
tives to awaken personal lure for that country,
there are abuses O t excite public fears for other
nations. it .s
'lioiietkith4t the Reign of Usurpa
tion sVZA,S past, It fuel long stalked Over, this
quarter of the Globe with bloody strides, desolat-
ing the moral'atid physieal world. But has' the
defeated Hydra furnished by its rentains but
seeds for Discord to raise-up armed men lOr does
U-surpat fon beget Usurpation ; like a contagion,
ptlTet!lath47, itself by pestilential influence, and
multiplying. by, caniple.% . If.. s 9, Sir, where .or
when is it to end % Has the Parent Monster left
behind a growing progeny., who, like the infant
acreulo.. cradle, are putting forth their.
strength. to strangle- all that crawl near or
anti the i,i .S'fr, the thouglltt as rifiction,
is intolerable—then what would the reality be
Ustirpatioll may strip Kings of their Rights ; but
eau it ve,t itself with that attribute 'of duration,:
, that species of setnpiternity peculiar, to .lawful
Majesty l• Never•! Ito: NI.: Mal 1:71' jANIA tg.---
t is the universal law of wisdont'and sound policy
evhieh declares the King never dies, but an.
Usurper cannot die too soon.

Such maxims are, founded- upon a broad basis,
in the solid combinations of. moral and civil hap-
piness. Rulers may be Modified by the change ,
or pressure of public opinions ; and -may .be dis- •
torted atnitlst the shock of nations. • But prin-..
ciples remain, eternal and unalterable; whereby
justice is cOunmio to all men, and their rights 1
4 acred. Through the breach of this principle,
calamities have deluged Europe during twenty-
seven ycai s. And to enforce its observance, mil-
lions of human beings have been sarrificed. After
such exertions for the restoration and observance
of this great principle, the case of Saxony strikes
men and nations with proceedings wholly irrecon-
.cAeable to justice,
_wisdom, or policy. But these
matters require onlr:to be considered in order to
be confirmed. Let ars• sift them: One of two
things is inevitable. , Either this Monarch has
forfeited, or has not forfeited his rights. For I
do reject the sul.position that such an act and
example of immorality, as an attempt to strip a ,
Sovereign of his crown, territories. and revenues,
and of' what is dearer than life itsClf, his personal,
honours, could originate rtithont SQUIC charge of •
_ private guilt or public crime. ;Yor such proceed-,
ing there exists no moral law, nor the sanction
of any civil code whatever. I shall try this ques7
Lion, therefore, upon grounds the, Veyy strongest
which case a uraisa.
against this Monarch llis' Ca' f'. 'I
I Shall admit, if it he required as favourable to

his accusers, ill order to give a colour of morality
to their conduct, that the Imperial Law had
ceased to exist on the abdicatiOti of his dignity by
tllc liaiperor, mid that the Kiu of :.;:txoNY had,

1•.:y di/teat:cc tot`•;Alf.O.L'Ebt,T, tbrfeiteA his tigh't-.
Nothing stronger can be urged. Then; whitt
follows / All it 3 strength woes to prove. clta:
and • tunkliVably.(hatailtc Kings of PitusslA.,
+,;
VA itt dd;. ‘ViIITI4)4.IIG have all forfeire,d si-.
tiiiinr'iights*siinOtar acts'; and nittne'rcitts other
at]istiTll, whoaided mud. adiwygd
to &lONA PART.E.,-. until thgy, were detached like
exiiiTote9t plrts fr..om, a, destructive ruin.. by. the
weight of. its fill. 'Fo Siixony, therefore, Prussia
can have no claim, singe Prussia is as•critninJ as
Saxony, • e.onscrpternly as much liable: to penalty,.
but not more de;erxiugef, reward. Next : y shall
~tltl►it, it be re,ipti•ed as, fay.,ourOile
,to h S ac-
cusers, the very reverse of: the preceding.case:.
that not,lttintandlng_ths
.Foppir,e h ci ceased in.
corporate form, yet. the Imperial Laws_ continue:

in spirit.or force over established Rights, until '
they be formally abrogated by new, codes. Tyten,
this question follows-f What is the operation of
thcbnperial Law in this case %vial respect to for-
feitore of ? 111-9 airkwer to this question
requires some The proudest days of the'
Empire, in modern times, :tvere \viten the Em-
; peror wai animated and attathed to it by his tin-
; divided aw w over it, and-t.hrg,,V all the wei,,.;iit
his other different Sovereignties into. the imperial
scale. He consolidated, by his power, '9pd corn-
; pressed.by his, influence. into one. mass, all the;
; divided members of that body: of which being
thc head, be gg,ve unity of action to the whole,
i and directed all with one spirit. Plans of power;
however, which have proved ruinous in policy,
prompted IFaEntatc the Second of Prii sia. to clip-
' the wings of the Austrian Eagle, and bring Clown

is ascendancy over' the Empire.- Germany then
)ecame•a speciei- of- political monster, with two

heads; and two wills, moving the members of One
body to counteract each other; and instead of
force from unity of action,- there ensued weak,.
• • • _ • • ••• • •
ness from divi•iion, .and ultimately death fro:a
discord, PrevioPs to this disastrous pc,licy, the
Empire and the Emperor enjoyed their proudest
(lays. And during this petiod, the Princes and
Sovereigns .of Germany were !rye, according to
the Imperial Low, to wage, war even with the
•Prince wearing. the Imperial Crown as: posses-ied
of other titles •and dominions, uncmlnected ith
his'lmperial station. This was exemplified to be
the fixed i;aw -of Uerinany in the 'Seven Years
War. 'Consequently it follows: a fortiori, that.
‘1,1)0 the chord of IMperial union was
,hrokeh
:when Empire and Emperor ceased-to exist ; when
the laws did not forbid it, if
:they did exist ; and
could not forbid it, if, they did nut exist ; the.
Princes were free to wage war with' each other.
The Emperor, in rirdri to get over this legal pri-
vilege of the Imperial Sovereigns, in the case of
the Seven ,"ears IVar,• endeavoured to have it
considered as a (vat- of the Empire, and the peace
•of• the Empire to have bten violated h‘rt the
King- of• Paosstk. Rut the violation had ori-
ginated. on the
.side of the Emperor and Saxony,
by their entering. into -a league with fol'eign
Powers against the King of etiosslA; Therefore.
Hanover, Brunswick, llcssia, and others, joined
that Pimer against the Emperor •and,Saxony.-
But neither Ilanover, nor Brunswick were put
under the Ban,
.nor Punished •hy deprival nn
of those territories which rendered their Princes
Members of the • Ethpire. SaxOny also was
nut committed to • any punishment by the,
Laws, although partly the first source of war;
because it waa not :a war against the Majesty
of that, union or collective :body. of Sove-
reigns which formed the Empire. Bat in the Pre-
sent days, Saxony did, not begin the Nvar' Saxony,
neither did, nor could.; wag: war against the
Empire, for the Empire did, not exist. Saxony
did not wage war against the collective body of
• •.. •
its members ; for• the great body of its members.
fought on the same side for. NAPOLEON. And
Saxony did not fight. in violation of the Imperial
Law, whether the Imperial Law or theire
P
did•or did not exist.

Neither the Crown;therefore, nor the Dothi-
niOns. Of Saxony can he affected by the most
ri-
.gid interpretatiot, of the Imperial Laws. Every
Printe was Sovereign in his own Country, and
, under the Imperial Law, enter into alli-
ance, and. pursue by all political measutes, his
own private. interest as other Sovereigns
-And in'ease
,an Imperial War had been declared,
which certainly was nht the case, any Sovereign
Might even then have remained neuter If he pleas-
ed, as the_Prince of Darmstadt did in the seven
years war, paying only his contingent. Whether,,
,thereltire„:we suppose the Empire existing or not
existing, whether we suppose its Lags to remain
. .
of torceor nut of force, whether we appeal to any
Moial Code that ever has existed or does nosy ex-
ist, we still find it to be an utter violation of alt
:sense and principle, that one Power should. for-
fgit.crown and Dominions for an imputed trans-
und another Power Merit the Sallie
Crown. and Dominions amidst traeogression

, .
laritiViatUlt) aria eiotil, if not ulo're 'ekc.,:ivc, in

j flerrree.
~.

Sir, this woliiti he, imlecd, a gross

:ge.ujn all that is, v. i 0 in toligy, , .
qr,Virtuons the,re %fere for-
1, reit tire on the t)arl of-Siix(m4i,fin such cor.dret, it

rely is not Prussia,. nor- any .of the Princes of
I-the Confederation of. the Rhine, nor -the CoimPe-
1. ramekin the miiii.ary usurpations of BUONATAR TR ,
i• who could- eluhn sun it;rfeitures as their due re_

ward in moral.riglit or roasolj. .•
`47,4:‘ live seen tiw.t Prusssia has no clajrn,Ly!:4t -
ever to Sakonv.

_ .
NVeltare: seen. also, that Prussia has no claiin not

could there he any forfeiture under

And lastly, to set 4sik, po*:a9d for eyeli,

these claitils of Prussia, 1 shall -take tlrc most-un -

favourable view of the question rem iiitiug Cor,the
Kilw, of SAX6NY. I shall ~~r;►pose that li and his

family had forfeited the dominimis ot. Saxony_
A. plain question then occurs—Who has the right

in case of such forfeiture ?

To answer this question we must turn to. the
Records_ of Ristori and OP. Imperial..-1A33/7..-7
HENRY the Lion was tyrannically deprived of the
llutchvof . gre:.niiess of this PAinciv,
who wa;-3 ancestor to hi.'s.".pr,.;si.:4l raitann'}c 1\47.
aWii'down tipon him a renew4l tif
jealous persecution, which his Father, liEts:,RY,
the Magnanimous,- had experienced front FRE-
DERIC the First. HEN tiY t'be .I.ion.being.thus de-
prived of the llutelly, in which were compre-
hended the two entire Circles' Of 'Saxony and fit a-
har.ing
Lanenbrirg wat.,condefuned to banishment. for
three years. Being married to an English Prin-
cess, he repaired to England to..speml the time of
.his bauishment. How tinforseen is the title of
human events ! •Little did itr.N'av imaginti that
the sceuet.olhis exile and abasement should" be to
his descelnlai4s the sent of happiness and Roy-
alty. After llENtty hail limn deprived of his poS-
.sess'iohs there exisied a greaf„.dr.wtil Of disturbance
'from Successor's. It. was. lA. that the ,depri-
volion was not fair and.' not valid. The 'step,
hoSVever., which was taken to render it V.klid was
the most demonstrative and, consummate nwans to
confirm and continue its invalidity, and."defent its
pnrposes. By some management,•one of the tle-
sceudants of clesav the 4'6 s induced to re-.
nounee part of these .tinniei.oits2 territories in fa-
your of the Finuily of Ariffeisflach. Out. this rq-
nuticiation demonstrated that the rights of tile-
descendants. of 1-lENav LION were'such-a5 11,0
itijustiee-contiLever.trialie vhid--:whetber the in-
justice tags m committed Sotely 'by an act of force,
as in the first-in Stance ; Or' conjitheily with an
act of- fraud, as in the second, which was but an
accuMulated outrage upon nioraiity
sense, to make that which was originally-unjust
-become just by a thmble Oct. of, injustice. sop-
'pose, however, the rigli,t,s..thits acquired lo have
Men long enjoyed by this fatuity ; and such-an.
,event to occur as an. extil,ction of this family • OT
its rights; what then tollo,es a case ?
answer i6—that if a. lathily beconie
the Emperor has the right of reversion. But
there Is Liu ann'Otht-re were,
an EMperor, he could in this case litve no c;lortu.;
because, with the extinction of the 'Fayii-ily nt
WittelSbach dies also the io;i•
having been ipatle stile( y the trtit-
tories must consequeritty revert •to th.: la htfug
heir. It is'possible, fore', thsit tv,:. shalt
the Family of our Mon-trch tfp'9ll'en'Hy-
ing part (it' these eNtensivedomittif ins and great-
ness, which drew down:envious animosity' and
lawless Imo pation out :their celebrated Ancestors.
To these territories,,, or tid any part 'of Saxmly..
I am confident the giro tot. Paossta will, in his
magMmitnity and instil aarnit, that he Ibis lit)
ground .of pretensions. -Far be it troll] Om; to
deny the wise sentence- of 'the Law of Nations,
which enyhwers•Btates injured by unjust War to
st:ek ludemnity as a ri;,ht ; but that can never he
a right which is the-reshit of wrong: supporz,
therefore, .of •the chthus on 's,txofiy, there exists
not throughout all the range of fixed and 'cOutin-
gent rights,applieable to tbiS case,' the*leaSt sha-
dow of justice or law'; 'unlessive ttilcipt, fort future
practice, that. Roman law,. when the weight of
the sword turned the balance of right.
Or are'we to continue the lex-tailing, Napoleonis,
given at the mouth °ibis cannon as-amitkethun-.
der, when the Usurper assumed ane
sceptre, and used it 'as that gre-: Leader's' and
Lawgiver's'. nod among the to Swal-
lbw up alt 'the
.S.,ceptres of other. But
what is the Usurper now ! an Emperor A
thing of state and scorn : bumbled to the mockery.
of 'fitulaiGreattiess,—an abject object Of Iniperial.
Nothingness without a vestige of his vast do-
minions, his ensigns of towering greatness, his
splendid indaces, his superb nuilluments, the
costly, but vain 'memorials - of little self.—llls
14a7ing arms that, like a sniumer's torrent rellect-
ing the glittering rays in its rolling, course, swept
the earth with' desolation ; his Iron CrOwn and'
Iron 'Age of universal :Conquest and boundless
Dominion —all are gone, and have 'left "behind
but. a wreck of ituibition---the moilumeliCof
crimes—himself—a livin ,SpectaVie fur universal
Gaze ! incarcerated in little insular hounds, sur-
rounded with Ocean's chains : a punishment -be-
yondten thousand'deaths;though every iteath.had
ten thousand pangs., What a Memento. 'for
Ulurpers ! 'Let.hitit live .th-en---7Hiltho.
bilve cried out ill the voice of olle'tuan---4‘ lie is
No high bj a head,"
Sir, With most profound respect for
Your Royal Highness,.
, • I 'haVe honour ,to be,
AN. ANGLo.sAxo.N.
And yhttr obedient Servant', •
'EE LEsEE-.VoN -RAC KIN 117.,

. . .
• State in ' Europe, except 1:11;413rul, hay felt the
intluenee of hu usurping 'cceptte: IVe.uphalia,
W.irtemberg, S:txony,
yksyti-a; Bruns, Cologne, Menti,
'Switietsland : Portugal. Spain re•
saredily the arm; of England ; Russia resisted ai4il triumphed;
but if subdued, Persia would 1134 e followed; then the lir+fists
Empire in the East ; and, finally, tnglatid was to have been
the LO.UNC bouche.

courr

i

OF JOIN MURRAY.
The Court-trartitl app'ointed I'4 the trial of
• Sir John Murriy vesterday assembled at Win-
chester, at ten o'clock General SieALuttErP
CLARILE:, PresidA-it... The Mendaers having been
sworn, and the !barges, vel4eb Were three in
.;71100-INE. t.lq,Depnty, JudgeAdKo.cate„ Mr. !
LARPENZ, -aildres,td-the Court at great length;
Mut ray
previothly pleaded Not Guiltjr
to all, the ch...:rgs. began by ohservi‘ng;
04t-the Iti-gb tank had Station of the individual; •
the merits of- Avtlose conduct the Members. o.
ilWL.Cqiirtwer.e now:assembled to investigate, in.:,
volving both his 'icy:son-A honour And his tniiitar
chara-cter, rendered itstinneceSsary !lita,to itn;
_ .
press, upon their minds, either by..cantion or ex•i!
hortation, the duty of patient attention, or the
necessity of dismissing from their recollection
. •
whatever imptessionthes. toight have heretofore
received. The question Which they had to try,
asit equally affected. the advantage of the service
and the reputation of. Sir John Murray, ruquired.
that the decision should be founded excursively otit
the evidence, documentary and oral, whicb would;
be produced before them. These were consider-'
, .
ations so important, and at. the same time so ob-
v,ions, that it would he. an unnecessary, and..thcre-
fore an idle waste of their time for him to laboUr

any longer in enforeing..them. feint
to which .he had in the outset to thaw their
attention, was '• the: length of . time that had
elapsed since those events had taken place that
•
gave rise to the present charges, both treeause it
was desirable to be accounted for, and because,
beneficial as he was 'convinced it had been to Sir
John iliturray; lie would :probably wake it a sub-
ject Of complaint the hoarse of his defence: It
was necessary for him, therefore, to enter into a
brief trirrative of the eikconisiliw.:es w,hich had
made, the delay uravoillable, and of the thrum&
111 which, )'eferehce to this object, the dine
had been employed Since'tbe. raising Of the siege,
rof.l7arragona, Order Ur satisfy the Cowart that
blaine 'was. •inspntable to any-party. In -the
-second week, of July, 178,13, his X:,!,,j,esty's Ministers
first, bet:June. Officia4iv.acquainted with that event,
and the circumstances with which it wasaktentled.
The Duke of NVellington had teed -Jed the informa.
:ion shine dine previously, as Aellironi_Capt. Car-
rail-, as. from the reports ot-Sir J. Murray hhnsaif,
skeir.fali en bv Eris,
' -
LArtis4;io was., to cadton Oen. Muriayfn,a fair ex-
pi
anation of the cohduct andoper-40ns both or the
force ithmediafely under liiS comhh,ttid, and of that
tinder the disection .Admirai
Hallowell. had .in themeau -time forwarded his
t.atetiteut, and -the nature of his representations
kYn5 such .its to render it impossible that further
cuqiiiry shOuld not take place. IT was probable that
siit John 'Murrav-hinisOf wool," tee-th 4)
g,°l.f
nict•
nt calling for ti'ill...isrvest.4;.ar.ion. • Lord 11;alhoi.4
inimediaietv &new& that a Cputt-martial should
be assembled: in 'Spain wifft dl, practicahle.dis- ,
patch for this purpi.•se. \:,t.liington's state-.
meuts,'howeVcr, did not arrive till. the folitiwihg-
y..ar,'whun thethi et eharges_intheir present shape.
w ransmittyd tO,Engkand..:l,4iitansequence of the
ditheulty of assembling. a. Comt the- Peninsula
at That tiwe, or of I).,,singl).,,sing i stiff: a ient nmber of
Offieers of.due rank, from the. Wtst,'Qrn. army, the
year 1613 expired before any proceedings could
be institutett.... Sir J. 111-urraywas,:7, ho,eyee, fur,
dished with 7t,coPy. of the Char
,es, amid required
to send 111 a lint of. witnesses tcr:be..,intitimoned int
bi defence. _ A letter was reeiliVed, ti can) ilun►ii a:I
ILillo~s ell, stating, that he was.:d.esionts. of
in snpport of the. third. Charge, a nitmberof
Spanish w,itneSses of high. rank ; .41, before. this
.
could be accomplished; was in;testar,y. to , pro-
cure the sanction ortlteAegeh.C.Y• a*st:ltt
wits obtained, but coupled; with the condition,
that their Ciiainiiiiiiion-must bc.condheteAr accord-.
ingto SpaniSh fortii,xi7..' that the tines dons hit hi
be" put in Writing-, itul,"be. answered inthe same
way, .but not. upon oath.. A practice so
, duns to tit" honour and character •of a Ph-itish Of-
• fiver,' and. So. -MI: the, established
principles of, our own law_; could be, atitui►ted
duly by Consent of Sir ,'John Murray, wile,
would still be entitled, hr,his defenee; to urge
the objeetion.of its illegalitylo testimotly.
so de--
livere,t against hint, 'This brought them to the
month of 'Mardi; 181.4. LOrd.,Welfington.had
sent away the Eastern Army, and none of the de-
lay, certainly, Whielt had Uccarred wai•attributa-
hle-to Sir .folin:Murray,
,Who,' in the7following.
nninth, acceded tO.thehaffer of the ,Snanish,
Re-
~- gency.on'one Or two equitable conditions; Lord.
‘Vellington then ordered a..Coairt Jo be:assembled
'at Tarragona ; but on finding the reluctance en-
, tertained,by General Cole, anti others, to try as
Officer .so -lunch senior to thenisciVes in ti)e. stn.-
vice, and on their' representations of the'imPro-
, piety of hOlding a Court-martial .on a British Offi-
cer of such high rank in a foreign garrison town,
all parties were.ordcrecilto return home, when Sir
John Murray might have the advantage of an in-
quiry before a competent tribunal. The time had
•.becir since occupied in colleeting the various mili-
tary and naval witnesses, 41iti in endea"Vours which
.i had not, however,-Been- littentled'With success, to
obtain the consent of the Spanish Authorities to
apow the attendance of the Officers named by Ad-
niiral Hallowell.-He should now proceed to describe
, what the position of tit'e army under time c-nnmand.
of Sii J, Mtirray.was, at-the period alluded to itt
the first Charge;: ...what the intentions of Lord
I'llel!ington had been ; 'and what ivere the. pro-•
ceedings of Sir John Murray under these instruc-
tions, ' He should submit as the hest evidence'on
this head, in:the first; lace, Sir J. Murray's owra
adehunts of the operations referred -to in the first
and second Charges. The third Charge was in
the Admiral Hallowell, and was founded"
on that Officer's report to Sir Edward Pcllew.
This report, he conceived it necesary, should 14

1 read at the outset. It was. dated on board his.
Majesty's ship Mika, and " represented that he
• had been directed to embark the whole army from
before Tarragona, and was sorry • to say itehad
been done with, great - preeipitation,, leaving be-
lind them 21-pieces of ordnance, which had lieen
Spiked, and their carriages burped. That he had
offered to secure them in-the course of "the night,
and 'thatlfifi'lleirses and baggage were removed the
next morning without molestation. That . the
garrison consisted of about
.1090 men, and the
French army advancing from Barcelona, as be un-
,derstood, of five thousand, with two field-pieces,
tleo 'wavy guns, and two LOWit zees, That he
ascribed the order's
.for indnedi,ite. eMbidkation
to the imlecision of Sir John Murray ; and that
he 14itish arms had been moie 'digraced than
„
.!'lic.'Y' eYer. 'Wei'o on anY fonder oecusibnl That
Vt.!' ii Sent. an Officer with the ' intelligence
to hors,!WellingtOtie and. that Ite anticipated,
itider the same co;inuadd, only_ i -repetiti;)o of
ttlse same disasters and-deplorable consequences
il•bieli he had already described:" He .(the Di:-
`Put y Judge-Advoeate), 'should rest hiS own
Cl"trges on the statements and asserlioiis of Sir
J Mut ray himself ; which, however, it would be
"Pupetent to Admiral Hallo Well, if it shodid be
..,
neeese .
. - s‘ny to his purpose, to controvert 'and ins-
I"ve, The third charge, though not contradic-
tory to, was' perfectly Miconnected with, the :.to
first. The first related tO the siegei.;f Tarrakmia,
and the delay in raising- it, even after, in Sir' J.
Blurray's Own forMeropinion,thesuccess of the cr!-
ter;irise had beceiniehopeleSS. Theseeenid tris,'that
be had disfibeyed hiS'instrnetions in enibtrking only
a part of his ,army, and in Stih'sequently flisern-
barking tiled). 'The third charged, that the force
When embarked froM before 'T arragotm, was ein...
barked in a hurried and precipitate manuete so as
to sacrifice the object pointed out in Lord Wel-
IlUgton's letter, and to disgrae tho Willi ary (.lla-
l'lcter of the country by ahainloning various tro-
,l),lls to an approaching enetny. The position of
'He army Was sunposed to.he *so strong; as to en-
able theßritisit i..;-oninuinder to operate against the
flanks of the enteny:s force, eitheienrinfe7liately or
by means of a naval expedition ; and accordingly
in the
.momoranda of Lord Wellington,. which
Would be- read to the Coort, these'.ohiects ivefe
distinctly eecounueuded to Ilte attention of Sir
John Murray.. By these instructions be was di-
rected, in'the event of beieg unable to storm Tar-.
ragonaeldget posseSsibdof the open part'Of 8/:47-,
lencia, au to advatice bis.position:so as to coin-
pct the 'enemy to retire to the other side of.
the Lower Ebro.
.elf Sachet should be too
strong, .and .Tarragona 'Should still be enabled
to hold out this e...-as to be the object-Wlieb.
Lord Wellington expected to see accomplished 'lle
was also, directed to land as far to the north as
Possible, in order that Sachet's force having been
weakened by the divrei,si'‘ni of pars Of it to 'fa rra-
gotia, rue other purpose might be facilitated in.
its
.:xeCutiOir.• -I,.;very tiring skewed • id illustrated dearness of Lord Wellington's vaiewS, and the
flistirietness with- Which it Nee
John- Nittriery, to. return. :toayselTinted out to, Sir
be should be convinced of t ['flee. li;iiiaio. S'Filisicl'i(:)tc '.:;st';
taking TarragOna. Translated .e(
struetions had been` sent L '1 • cores
,01, ihes•c"itn-
by his Jorusnip to the
Spanish•Grnerals, the Duke del Pintpie, Elio', and
Copons. (Ifere Mr. Larperit read atlength these
memoranda, drawn upy b
Lord Wellin,;tOn.) They
Intimate.l his Lordsliivs stiriti-ise iiiilig ,1•11,'K's:l
want of artillerymen, particularly as there Were
the t,vo.comparikeS Which had been found snfficient
at .the storming of BailajoS, and 'expreseed the
iMpossibility that existed of advancing further sup-
plies to the Spanish troops. The nature and com-
ponent parts of the entire force under Sir J ..Ariwrity
was described, and the_success of the plan Marked
an: stated to depend on the circumstance of cone
of the different corps being diSPer4d. Sir J.Mtireay
Was directed to tale with him aimany cavalry as
tould.be conveyed:in the trafilloete, and tke•syst
to .remehrwith - the Spanish .Generals.' Getireral
. Capons was to be: reii!fcifeed-froth Gaiii6ia, and'
the difrerent arni:es were to keen up a constant
commintieat ion. As soon as Tarragona had 'fallen,
:slid this plan was in, a course of active execution;
Sir John .Murray 'was to establish the kingdom. of
Valencia, 'leliviug
,Goi. Dim Martin behind' with°
'One division. He should not now enter into the
'question, cvlether or not Tarragona onglif.t:o have
been taken,or whetliera generatactioncinglittdlia.Ve
.
been finight- with Marshal 'Stichet ; Ina. ht!coticeili:,
'td•it to be quite clear, that if • the siege was tube
rased; and on the reasons alleged and set fin:Orin
Sir John Murray's own diStiatehes, the delay which-
lko ;:stkifkro. to. intervene ought hot • tO••have- taliea
Rice. '.l.'lie next,letter'which be should:read' was
Sirjohtt,Aturray's O.Wn account dated the 7th Of
3u1y..151;.3, in the camp before Tarrilgona. - This
letter intimated 'to toed. Wellington, that he !(Sir
Johnihad, lie feared, timiertaken more than lie
could pet feline ; that Sachet 'had a force of 24,000
men at ..his.. .disposal ; that he bad -himself—hot
49,000, and of these, Only. 40' 00 Gerthans and Bri-
tish that he could relle.on ;' that thong') Willit.e-,
his army n'aS Very weak, anti. arty in wai•dboti
h
of
cl'othe's and marieY: . fly. thiselet;er therefore,
it appeared that so
,early
—as the 761, lie' had
cl-espairedlof the capture Of -1. r.- ragona. Had.he
immediately sailed, as above directed,' for the
coast of Valencia, the other object Was still to
be gained.- 'The' second - letter,- Oteif the 9th,
mentioned Colonel Prevost': success in the attack
of fort St Phillippe,r, and that. the enemy's ' P
a-
Jiroach to 'll:l3..agowi was then iMpedede •Pi-aised
thegreat alierity of Admiral liallowell in his co-
operation ; and stated, that lie was credibly in-
- fnitned ,that 'Sachet WaS apliroaching in great
force. The -next, dated on board the Malta, 14th-
of July, described the neceSsity•thatlia-d obliged
.• Sir John Murray to embark; Sachet having cOl-
leeted ab0nt.25,000 wen, andno other alternative
being left but .to. fight a general action tinder
every disadvantage,' and scarcely :Ile possibility 4
, • a 'retreat. 'That the embarkation, if any lemeter,
• delitved, might be pit Vented by a change in the
Weather;or, by, the'activity of the enemy. That-he
bad, after deducting 200 Q men to cover the stores,
Only 16,000 men in the w hole,to meet an army of the
best French soldiers idtlie service.• T fiat, as it was
impossible to storm Tarragona, and so mite!) de-•
Fended on the safety of his army, -he had deemed
it prudent to raise the siege.; and only -regretted
that,he had not done -;,. at au earlier period : That
n° 'blairl -wliuteirei• ..T.:.is imputable to Admir.al

but;that, he li:ll4...thought the risk too
great adopt his-suggestion,- of waitinganother
day 'to the:. Inifl'Ai'tall€l: Of
e~~thicft the dittniOtithilik -ought 16 be put in' t ife,4Cale
with the safety of the. force. ithilet-
-Bat %s kit 'ii Jonn 'bait try, titter tem% the
information of whiLti he. had, been in possession
for siline gomf-.Thtlibrity; del;:ved so long
tii ran t. 'the siege ; COntinUed.tO t;t:t
hour to land artillerY arid'storcs ? AnOthet letter
of 'the saute (Lite
the" Con 1 C" 'ulf;
opinion of an
thdt the' ene-iiiy had not acted 'tvith'the ex-
lieeted rapidity.'rherii (Olio iii;Pate!l to
tad tirst; a ntra exida`iTat'ion, a cli'eSs ed to
Lord WellingtOW; to+liis I'i:ci:irst to
have minute infortm-ttic:M4'of rite •pro',ress cif the
ireke,-alia-thc of theThirerent
corps since the time •of' All thec
documents he Orr.:Lar-11.'elltr'stiliM1e1eff tt; 'the
Court-, faTiiiihed no 3it's'fiti`e4atiOn ft:r ehe delay. of
themGeneral"nt 'dining ril.a"ifilisititi of Such titaf
inOnient both' td Oiellsafety Vrthe' army and the
Ultimate s'iiecelS ofAe. :other object of the expo
1.. either did they eldirpatt 'his conduct
hi not returnqie inlinediatelv where
the trench -Were then' Te4ced to ,000 men.
Sir Johti.Muri* hail in tact, in his lt.l.tter'to'Llird
Batliiirs't,:' written' his OCVA Condenniation, fOr
he fliere ascribe( inci;iplaCed .flie de-
ne.4 of alt-the plans which he had hem) entrnsted.
to' exectite: 'Another lettc-i to Lord Welling-
ton .etiiitaihed- a 'sr-fill mitre detailed statethellt
bl:alrthe- eirettnistances tvhich IVA' -influenced fir
Murray in the course had pursued,
viz. that there was no point' d'appui to which, in
`ease Or 'a
reverse, he could retreat ; whilst the
enemy had'striin,'fo:rtresses -behind him, and was
mach superior eo -in every respect, except in
ordnance"; that General- Copons had been nimble
*to afford him any assistance'; 'and that he had de-
layed to raise :the siege.'sil long, in the cor.:ident
expeetatiiln of reinfOrceruents;&c..• That he had
also been 'disappointed- iii the hope of receiving
tittie additional strength from Lord William lien-
. thickyand- had, under such a cOmbination dis-
advantag-es, taken that step that prudence appear-
ed to prescribe.
Ile then r;a:d the statement of General Sachet's
force, 'as •it appeared 'front the papers of Jo-
seph, Which:fell 'into the hands 61-torit Welling-
'tint. By 'this statement, 'Which was drawn up by
. the French"Gencrill St.'Cyr, it appeared, that the
(grand total' of Stichet's arMy
ing a corps of 3000, which had been sent to Tar-
: rtegona,•and many-small garrisons, amounted to
26,800 men, of which cavalry. .Upon
the d'OcutheutS had been read, it seas: his
duty' to 'submit ti. the Court, that, although it
did not appear that: any thing More could. have
been 'done on the Bth or 9th, • yet that, -alion
the "I oth, every effort should have he.en made
.
by him, and every preparation 'made' for Temoy,
ing 'the artillery and stores. That was the
more incumbent upon him, from the know-
ledge he had of the difficulties of. the einharka-
don, and Cie consequent danger of delay. Sir
JOhn Murray had been fully convinced in his own
Mind of the impossibility of taking Tarragona, he-
fore he had been hunted 23 hours-. The principal
engineer had given.his Opinion that the place could
not he taken in less than tOurteen or fifteen trays,
and this was a kngth of time that it would he.CV.I,
yr.rotort!
• After lie had nutile his resolution to raise the siege,
the days of the lUth and I Ith'otu-fht to have
been -einployed in providing far the safe Cm=
bat kat ion of the artillery and stores, as Well
as of the arniy. On the emitTary, it appeared that
Sir T. Murray 'permitted- the landing. of artillery,
ammunition, and stores up to the very mom eat When
lie' ordered the re-etnharkation 'Of the rrotips.-7.
From- the details of the operatu.us n the 3d of
June, it appeared that the: :disembarkzition Child
t..cotitO!etly effected - one .irtly 3 ansi he vVas,
therefore, ar • 0 see-'.vhat it was that Made
flee re-entharkation -withont leaving
the' artillery and valuable stoics behind. Ilse
shotiid not :mat:many observations 111)011 the
tailed accounts given of the siege, but should shit-
lily observe; that nil' artillery had been brought
tit heat a,gai'llst the hodv- ,the place till the
night of the • 10th. As Sir Jolla
haVe known at that time, that withouttlheassi,t",:
tioce of General CoponS' corps 'of Spani.ards, he
could not brii42,- more than '9OOO men ag.tinst
Stich • ,
he must have then that it iva..; im-
poSsible for hint to *taki TarraAilint,- and Should
have innuediatelY taken measures for the sate re.-
embarkatiOn 0 fthe artilleriy and stores,aswell as of
the-army. He had also to state,that, in poitl,t'offact,
the Frenclidi?dnot advanced as far as Vendril, but
had fallen back upon hearing of Sir,F Pellew s ;o'-
1161 in the Boy of ROsas. lie should nittero-.
Ceti 'to the Consideration of the Second Charge.-L-
--pis to the conduct of Sir J. Murray after the siege.
wasraistd, he had been positiVdy directed by his'
instractiOns to return nurnediately tO Valencia,
fOr the attainment of an olijeerspecificallST.'pointe(l:
out to hint: It scent's 'that Sir J. i.llarray was not
sufficiently impressed with the' ii ce 'of ad-
- haing,to his instructions. Ile violated both the
letter and the spirit of those instractioiiS ; for,
instead Of immediately returOing to Valencia, he
rebottled thc army at Ilalaguer, on' life' 13th. and:
I'4lh of 'Jane, and was still in that neighhilarhood
when Lord W. lientinckarrived on the 1 ith.—
The 41AStion then :would be, had he any suf-
licknt-motii4 for thus desisting from his instrue-
: ti.ew'?.'• Sit' J.: Murray had stated; that 'SuChet
had the advantage of .being' able to retreat in
safety Whenever lie pleased: What then, could
he the object of :re-landing the whole Army at
He Was himself; front ex'Perienee, fully
sati•sfied of 'the difficulties: and dallgdrs of'ae-eni-
harking them. I.lrhy, then, did'heagait:(cxpose
them to this danger, when, according to his 'opi
rtiOn, 'nothing could be done 'against Sachet, who
Wad- a''Seettre • retreat ? If lie had obeyed his in-;
structions, he would have Inertia Analeficia on the
17th', whereas- he::'wjaS then at As:to
'the expectation of further reinforcements from Si-
cily, this :(lid nat appear to hint to be a sofficient
excuse fOrbis-nilt haying 'made early preparations
tosatre' his guns:, ar'e'treat-beCante necessary:--,-
;1 to the 'charge' 'he should leave tiOlt to the
,(.;?ttlktut Admiral who was the iivissth-7itror'
The facts -were, haVt'ever, proved Of-a very'preciPi-'
tate embarkation of the army, with the loss of the

and stores. .ft remained for Sir. J.,Alnrray
to shelf that this precipitation was necessary, and
the loss; unavoidable. lie believed that the fact
Was', 40, thatTren. Copronsrhail 00 notice 'of his
intention, until the guns were already spikeil,..and
a great:fort of the army on .board. It appeared
that he had sent off the'lichi arfillea:y at Balaguer,
and left the heavy artillery and stores behiNd him,
notwithstanding thatAd-mil-al Hallowell hadpro-
,
rinsed and-engaged to -bring therif• safely oT, it
sittlic,ient time were allowed Win., , Whether the,
*delay'proposed by thegallant Admiral was con-
sistent with the circurnstances in Sir' John
,
Murrity•was placed, or supposed'hituselt to 'tie
plamed,•was a 'subject for the most serioua Cohsl,
deration of the
!,.;ourt.
.been already ob-
serV•cd: that the Duke of W,:!llingt`i-;n, not-s'atisficd
%,„-,it h. the a et:A.N.firi by • , Sfr John
bad also ()Aimed :We Spanish General 'Copons. ro
give his account of the operations at the siege of
Tarragona. .ietrerAl''Copons '111“1- sent a diary
(if the-•iiperations; 'which`WasAiien ui Ills pt)s-,
session ; but as be feared- that 'lie could' .not
make this •legal.evidence, he should, at present,
abstain fro& any obserVatitia on its eon-
tents-. . iVas Tot' 'hi Inn to 'Tore'See
in what 'manner Sir- S. gurray- wont& shape' h's
defence; but ciann the letters:which had already
beet'
read,
.he tliCm4ht it evident that he relied'a
1;i-;m1 deal oil tile 'l3th paragraph `a• L'OrdVel-
lington's general instructions, in which' his'tord-
ship-said that he would forgive any thing,. except
having the fate of the next campaign risked by
any of the corr. of the army bemg- defeafed
dispersed. It did not 'appear to him' that Sir J.
Murray should have cousidered `this part of the
instructions as directed particularly to..himself.—
It would 'rather appear that. this • was' Meant
for: the Spanish Generals, who, from a`too great
reliance otr.A-he• yiality of the tramps they kom7
mantled, had-l'requently exposed their divisions
to the danger of being defeated and destroYed.
Lord Wellinguin 'ConceiVed that the principal
advantage of the Spanish troops over:the French
could only be front having a superiority
,of muk-r-
--bets, and he wished them always to preserve this
superiority. I-10<y cold that paragraph he a de-
fence to him for persevering' in the siege Of 'Tlir-
ragorra, when he could have no hopes of taking
it, or for re-landing his army on the 13th at Ba-
? This paragraph' wits SO far frinn being--
a defence to him; that •it being evident that Lord
Wellington attached so much to, the not sarering
any of the eorp4 to he defeated or dispersed, it
was clear, that next to the'loSS of the Men heal-.
selves, there was nothing- whieh could be more
distressing than the loss 'of .lin that heavy
artillery, with Ont which the corps could not.
eilect ive In any siegeS• that' he Might di-
rect. The los's. ;;f 'artillery Pecul;arly
important, from the great difrieulty Of replacing-
it in Spain. Admitting that from this 'pa-
ragraph, he was Justified 'in refusing -a bat-
tle, :.and making a precipitate retreat, hOw could
he be justified in-Tel:lulling the army, and expos.-
ing•it again to the- same diflicobies and risks,
when there wa-, no apparent ohjevt for such con-
duct, either for -any. adVantage to be expected
against the enemy, or for supporting the honour
of the British arms ? After a' few more'obServa-
tions, the Deputy AdrocatelGeneral concluded,
by npohigizing for the lenwft of his statement,
and for any errors in it which Might.proceed from
his omit iliexperietice. lie had stated' nothing
against Sir J. Murray more strongly than he con-
ceived hi melt' bound by his duty to do.
. [The only witness which he called ivaS Captain
7.enthenin. The'ohject of ciiilin Jinn, was to
prove theyommunications with General Copons.]
Chatles Joseph Ze,nthenin, being examined,
said, that he was a German by birth, and a Lieu-
tenant in the ref iinent of-.Xfeuron. acted. iu
Catalonia in the .capacity of Militar-7:- Agent. He
was dispatched on the night of the llth to it.form,
the Spanish General Copons, that in the morprni;
Sir J. -1,41-array. would sendhiin six bat CalionS; and
to point out what position •I;e7‘t as: to take. 'He was
to place
,his troops in.theleft,
,General copons
simply answered Yery well."—i-le had
dftCrwards forkeardeda letter- Co !dui On 15th, but
had no copy of it, and did out know its contents..

• Sir John Murray desired the witne-ss to ,be ask-
ed, whether he had not desired hint.to inform
Ge-
neral Copons of his intention of raising the
Capt. Zentlittnin awsweved " not, • Uc-
cording to the best of nty tecctiltiction."
The Deputy Advocate Generiil then closed the
case On the IA ati'd 2,l'Cftitrge-S'; an 'said that h'e
relied on the evidence of he letters which_had
bee' rent;' and which had been'admitta by'Sir
J. ').‘urray.
_ _ _

The Court then asked Admiral Hallowell whe-
tl;er 'he prepaved to Make any statement re-
speeting the third charge ? '
• Admiral Hallowell said, that as he had never
before heard of. the second letter of Lord 1el•
iiii *tin, Which had been read -tbis nor ,Vthe
detailed answer. to W•by'Sir Miirritv, which
nut; wer appeared to,hi,m4o throw some rellections
on the naval part of the service, .he wished to
have copies of these letters, be "alloW"ed to
peruse theta, and 'take eittacts,' bOure' he 'made
his statement.

Sir J. Murray said, that he did not know how
far it would be in legal torin't(iConimunicate this
evidence to the Admiral, lie 'should
that as a prosecutor, it was his business to .have
come prepared. .He, however, treverhad intend-
ed to throw the slightestretleetinn on the Con-
duct of the naval. mut of the service. All he had
meant state was, that from theiimited nuniber
of gun vessels; arid sonic of then] having been left
at ,Balaguer, there had.been no a ctualcti-cipeia-
tion cit the nava part oftlieforee inche.artacN:Ol
Tarragona; until the ,Ile. had do citijcc'tion,
lmwe'vcr, if tile Court thoughtPrOper,thrtithiise
letter's should he ColnlamiiCated.
The Co—irrt then 'peiniiitterr Admiral Hallowell
'to peruse the letters which, had. been Liven in 'eVi-
'deuce, and adjot;r;:erl. will
neXt nutke his statement, aril enter upon the thirri
charge.

87syti-;TEti Mb Finnie,
chlrged on a former cia,'.fit'theilan.§itin-h6ii?f,
%vitli the nnirdcr of 'it'Lased;''oiti boir'Ct
Caroline, ty pilvate ship in tlie'thst.indi t Coin_
pariy s service, Underwent atiotliWeximiinatTiin,
and is to attendiiriiia' at'thi.ehdiira'tortuiglits.