The Sun.
London, England, 1815-11-16 00:00:00

1.7

iiIIIICI

sir;= first even ;.perniailel^.`

is competent to dcePe upon state offences ; and

that consequently, by a parity Of rea$01110g; you
should decline any jurisdiction.'
I shall next establish, that you should decline
it, because the individual accused is a Peer of
France, of the full dignities of whirls the Marshal
is slily in possession.
Ish pro, e, in the 3d place, that the conk=
in,?siti,,ir of your Tribunal illegal, even hylur-
theticallv,:and that no Military jurisdiction is in
ves!ed with.-t..ri4ht to try -Marshal Nev.
The intliosiir2- aii.hority of the 'Royal Ordi-
nance of. the 24th July eanuot e•tabl:sh your ill-
risdietionl and-oo that point I might say with
the Ally;edoo Phillip is better instrucicd ir.
ppints of contrat7ersy:
The AdvoCate then developed iu regular older
• ids three Propos;tions. Ile established., accord-
ing to the . Coostitution, that the Chamber of
Peers is-alone competev.t to decide upon et inies of
high- treason, and of attempts against the safety
of the State.
Ile dissimulated next the Objection drawn from
the Royal Ordounance of, the 6th March, which
• appeared. to, scud before the Councils of War all
the adherents' of llunnapatue. To provide for the
• safety of .the-State,- behold the power reserved to
the Sovereilot ; but it cannot be said that itt order
:to-provide for it, sand still less after havim; pro-
. vided for it., he is at liberty to invert the order of
• the jori•dictions, or to create special Judges.
His Majesty has acknowledged, that Al. de Va 7
bate (night not to be tried by Military judges,
thoug,h he was [tamed to oppear .before thew by
the Ordinance of the 24th July.
• The -Marshal, in his of a Peer of France
•at the period of his imputed crime, could not be
tried before a Council of War. Of what immor-
Aimee is it that he Its lost the .quality of Peer,
..t:ncelluonapartei on the 2d-of June, conferred
•lipott him a Pecrage of a different description:
" The Peers of . France have always. been tried
•by the Court-of' Peers, which has carefully re-
served to itself that privilege.
• " What a happy promotion was that of Mar-
Nor to. the Royal Peerage !". exeltrinn4 the
Advoca,e, `'since bestowing on the --Duke of
-Elchingen the most 'conspicuous teat-k of his So-
vereign's estei!m, it tendered him the benefits of
a better diroption, as 'it placed him in the high
rank of the Knights on whom there was no stain
and no'reproach.' •
" Fatal promfition T. Since the repose of the•
worl‘Lagairt distUrhed, Marshal Nev, surprised,
alone, and unable to sustain the storm, his been,
so.awfely torn from-ids elevated station, that his
fall is,the more ter' ihk.
Tbe'promotion will- neverthelcsS prove use-.
ful,.since, like to the majestic vessel on which the
thunder has burst, it leaves to the mariner, lost
in an Ocean of misery, a plank of the wreek,with-
out which he might perhaps perish.
" Under the tit-xd point of view, and as Mar,
shal of Ft anc:i., the accused has still the right to
decline the 'authority of the Council. The oar
r, . are great dignitaries of the Crown. The
King styles them his cousins ;' they do not neets-
sarily make a part: of the army. -Can they be as-
similated to Generals in Chief, for the trial of-
.sylto:ll,, the law of fructidor, 'year five, has esta-
lflished the forms These forms are not appliea-
We to the present ease, and on such occasions we.
must be cat crud how we reason fiy analogy, you
bave,", said the Advocate, •in couclusiou, '' you
have fo (tec'ide question, but to
Oxen 'rider your ues the,holy volume of our
the charter where are._inscribed the titles of.
Ney. Your generous consciences will
feel, the importance of the deposit confided to
tttein Decide."
'Oerteral Grundlcr. be au his. pleadings nearly as
Isollows

" the country, in a state of mourning, secs
syith pain this day, enter into the temple of jus-
dee, and place himself• amongst the accused,-one
tit her
;defenders, who a short time ,sioce was so
Kloriondy. distinguished. What a fatal result of
(Jul' di.,sentions !- 'What a fatal error,
which brings down the arm of the law upon hint
Zi ho ought to be their firmest support !
In !hues of re,volutiOus, the crimes or faults
t;') which thpy give rise, are 11 ot always punished
imp rfiality and justice. You will,,;sct_..the
example of a military tribunal deliberating
-.Vi[h calif-mess, amidst the effervescence of all the
plssio,ns, inn the fate of an. illustrious ciiiprit,-
I.s'm:cc 'and all Europe observe us. We have not
yielded to any influence foreign to our duty. We
nhull pit this Col:. t wilt the knowledge that our
conscience islrreproachable, anal without fearieg
eliiid•t heir opinion or that of posteri,ty.
The Reporter is immersed in learned re-
se.areii6 as to tile origin and privileges of. the
l''eerage, on the orii;in and the prerogatives of the
ittars!ials of France.
" The Chninher of Peers is, in his eyes, the
otily-tiiliial'ariViiicit- can- judge criminally in the
ease of a Peer of France..

1! They have pretended, (said lie) that a culprit
should be judged according to the degree or quality
which he
,was at tire inomen; of his arrestltbn.
They have concluded that Aiarlittl Ncy,
ccu.sed to be i Peer Fiance, by the lucre tact
ot. his accepting a Peerage irota Buoltap.trt.e, ltas
no rt,,,,ht to. he tried before the Chamber u; Peers.
This opinion appeal§ to us wart hazardous.
Every day individuals„ ;accused of military
offences, are hrou.4ht before Councils of War, for
couni;ted while they were in the army,
t1.0tt,4-11 they h.id then retired.from the sNvice.
The ilcciioos of Couocils of War cats be dif-

feredlimier the rcla.tion of tit' firm of it Council
Vie tribunal, whatever may be the
r s:nk of !lie accused, is id ways composed of a Mar-
shal, a President, two Colonels, two Lieutent,nt,
Colo Nels, and one, Captain. Would it he con-
tosobitilt to a- triounal so ,constitittcd, a
decision) ))),;(le,
.11 four :it irshals Of I'ralice, and
by three Lieutenant-Generals ?
‘l4.ich pronounce in the last resort, shouLl'.l).
ti superior 0rd,...;,'
" It re.m.lnis for' us to trust to the intelligence
14 t 1e Connell, ettarged with ex-
a point of which has On exan:ple
T I t; (It 01If 111:t10V."

ri'o, the AtLoroty-Gencral, aniwered

says,

~~e,.~:

Prionef's -Counsel -an

fill the o
the Reporter.
"The competency of the Connell afilltro'd- tri
him to he clearly fixed by the OrdrinnanCes of I.the
Gth of i',lareh, and- the 4,f ,Lily. The
ter gives to the' King the right of taking, uLder
extraordinary eiteuntstane:A, surh nre'ashojs- as
shall:ensure-the public safety. The Decrt*_ hichs
decided on the bringing of,linonaparte and all his
criminal accomplices-before the Cotiacils 61 *tVar,
oht,tined at' the dine the-- universal iipprolnition
of the Chambers and the whole Nation. Marshal.
Ney shouhl be sp penetrated when Ire left
Paris. oxprssion -could not be cll-teed
from ii is nrentory,firlien ttome days after he. in-
curred the rigour of the Ordontwiteel,and thus,
placed beVond the bar of the Constitution.
" 1 'tlynand,, therefore, that the objection be
overruled : and that-you pass-to the consideration
of 'yonr judgment, -
.
The Marshal was re-condutted Cto the on-
ciergerie..

The Tribunal adjourned to the Council Cham-
ber; and after half an hour's &liberation, -pro-
nounced the following judgment :
The Council having deliberated on the ques-
•tion, viz. ' Whether it was Of competent juris-
diction-Co decide on the case of Marshal Ney ?'
".The Council, of War, I.)y a majority of five
voices to two, declares that it is incompetent to
judge Marshal Ney." .
• The Cotirt charges field--MarslialGrUndler, the
Reporter,: to give notice of this decisiOn to M'ar-
shal Ney.

The Sitting broke up at half-past four.
(From Galignmqi7, Hessenger.l
Thellake of Wellington has frequent confer-
ences ‘vith the King ; his Alajesty ahvays
ccices Line in a mrst kind manner

• The Council of Mi►►isters will only meet every
Wednesday.
'l'he.•(irenatiers of the Royal lio-rse Guards
hr►ve taken their post, or several days past, at
the gate of tie Tniieries.

The British timips occupy the heights of Belle-
ville ❑11(1 Chaumont.

The tbieve3 who stopped and robbed the Calais
diligence, have been arrested, and confined in the
priFon of Beauvais.

The Austrian garrison at Dijon is very 1111111 e.•
1.011!;. C,amhray is also full of Prussian imops.
• The military of the department of the 31oselle,
who wade Pail of the ex-imperial guard, have re-
ceivtd.orders from the Gov'erhc)r of Metz, to quit
their told:wins, under pain of t.restation and
.se-
vere punishment, the eendarmerie have been ON
dered:to pursue strictly those who disobey.
The gates of Verdun are the continnal pas-
sage of the Allied troops through that place have
rendered such a tfleit!qtrC Necessary.

• The Clias.eurs 'of the Ex-guard, -quartQred att
Percgnet,ix, entertained an idea, a few days buck,
that tl,e inhabitants intended .to poison them ;
this false impreicsion vas Kowe‘,er soon done away
ith, and all alarm subsidt'd

The Order of Malta is; expected shortly to re-
st-one its ancient form. pleasures have been tai,en
at Rome,. maples, and Aladrid, to restore to this
tlinstrionOrder all its ancient tHivilegcs.
A strange ivhito iris entered the head of a yoan.i;
Engllslrtnan, we do not .know .his name ; bat he
tars • bt:ep brought to Paris a prisoner for h;rying-
been at Calais, dressed as ant. of Ilse Es-
likiperialGuard, with the decoration of the Legion
of Hopour ; if this was for Jena,--he will find it•
110 joke,—if to decide. a wavr,—we suspect tie
trill lose !

PRIVATE CORR ESPONMNCE,

TIM COSSACKS.

A Letter from France, detailing the -matters
which excite the curiosity of the Traveller in that
Country, and alluding t• the various modes in
which the soldiers of all nations are provisioned,
" The Cossacks liave a happy knack of
pointing their spears and letting. fly ..at the first
fowl tiwy see, And having hit their mark (as it i 3
seldom they miss), they proceed very orderly
towards ii., and as orderly return, presenting it
to the owner, who perhaps witnessed its death,
with orders to be cooked and ready at such an
hour, which is as punctually attended to as if it
had:been bespoke at a tavern, and double its value
paid ). The Prussians use sticks with similar :dex-
teritY, and evince the perfection to which constant
practice leads." In another part of this letter it is
said—" The Print-shops in Paris swarm with Cari-
catures, ridiculing the Scotch and English fashions.
The English they generally represent in the cha•
racter of what is called Bond-street Bucks
the Scotch in the Highland uniform : there is
One wherein some are represented as grounding
ai ins, same cooking in the camp, and others in
various parts of the field, in dia-erent positions ;
the day is represented as being windy, and a
number of ladies looking on in all quarters :
another,represents a Highlander holding tip his
kilt to receive cherries, which he is buyin, from
a -woman; with various other ridiculous repre-
sentati-onS in the back-gtomid. The Prussians,
Russims, &C. are nut forgot by those caricaturists.
There are Races in Paris generally t►•ice a
week. Lately, 7,..EIr.ABERCROMME'S horse Diamond
was beat by Caindla. There was likewise Sparring
on a stage; between Harmer and Faller ; attd I
miiierstanfl there is to he a tight between Oliver
and the Birmingham Hero, as he is called."

We noticed in our Paper of Thursday last, that
a method had been discovered by Sir 11. Davy,
of preventing the explosion in coal Mines, from
the kindling of the fire damp, which i 3 soon to
be communicated to tie public. We think it
proper to state, what w have since understood,
th,tt 1)1.. MURRAY has made a discovery to the
Stone effect,: which has been communicated to
several scientific Gentlemen, and which will be
Submitted inunedit,te;y to the Royal Society of
Elinburgh.---,(Calecloniwt- Mercury.)

Ni:111.s•
, 7
Ant”vr.n-1 Fr:wee;*bon, 2 Gotteibui%ol, I !Tolland,
4 linitiburo, I Dublin, 2 Waterford,
Due-1 14.'runc'e, 1 Malid.

l'ltiCE OF STOCKS -
Tilts •ItAY AT TWF.Z.Vr. 0.C1.9C(C.
Stoclt, India 130m1s, GQ. if.. pr:
:3 per Cent. Red: GOT_ Z !Mitt, 2s. n. pr.
:3 pur Cent. Con,. GI yG2 tit j Omonon, Ifi
1 per C.ents. 751 Ditto for Payment, iG
5 per Ct; Nary .lon. • I Cons. fur Oirenins, 620
Banli L. Awl. 164-

AVATEII..AT LONDON IVIEDOE TO-NIOIIII.OW.
11orni1iz, 13 miiiiitcs after 2. 1 Everting, aftcr

--, -
•

st)LFM QUI3 DICEIZE FALWNI AVIIRAT?

LONDON.
THURSDAY, NOVEMBER 16, 131 3.

There have been many reports, almost amount-
ing to assertions, afloat this morning, stating that
Mr. PLANTA is expected in Town to-day, with the
TREATY Of PeacE, which, for what reason we
know not, lia been, styled a Convention. We
.have reason to believe that these reports rest
chiefly upon artifice or conjecture, fur we do
not understand that Mr. PLANTA is expected
this day, though •we are persuaded that no
-time will he lust in transmitting the Treaty to
this Country, as soon as all the requisite fonns
have been carried into execution.
Those who conjecture
.sso often, trill, as we
said before, he right at last:

From not sufficiently observing the dates of our
French Papers yesterday,.ft escaped our notice
that those of the I.lth mete wanting, and we
consequently fell into a mistake respecting-the
second day of N trial, the full particulars of
which we now insert from the Journals which ar-
rived last night. It is certain, then, that tile
Military Court sat two days before it was
found • out that it ought: not to have iift
at all ! For two whole' days did seven 'Mar-
shals, &c.
,sit very gravely trying a man, before
they discovered that they, ought not to have Met !
Well, but the King's Pi.octitear has appealed to
a Court of Revision, and wishes. to prove, that
the Military Court is wrong in its decision, fot:
that though it thinks' inhcrieise, it is really and
bona fide competent. pow this knotty point
may he settled is of little consequence ; nay, the
Billy and imbecility divlayed throughout. this
hunt-the-slipVer busineNS is.of little conieqiience
were it not.that.it Vas infus,al fresh spirit into re->Jt Minn, .
14,Ided daring to presun:ption,.autl sAne-
titled, at least for a whiter:the impunity of trea-
son. We know not what bleed in t f.oly from this,
flagrant absurdity. :anit the pi cum' tion -;
a: y measures which have becin'ten: by the ILke•
of WELLINGTON, am\i the vigilance of :his. watch
(of 'which 'many exauipl'es have la ely beenlnert
tioned 'titsou Suuj are calculated to_ allay our
tears of any ill consequences befailing Our. Coun-_
trymen: And if the French,—we say it again,
if the French will-Massacre each other in: the:
quarrel of Lilties and Bees, the letters L. 0r...".,5T„i:
if the ‘vhole question is to be, whether the Cabinet_
of Versailles are to be nil, or only half of them
Jacobins, then, in the name of common sense,
let Europe .make an arena for the combat, inid,
sit round looking on till these savage Gladiators
exhanst themselves, and a promise may be. earned,
of Peace to the World.

With regard to NEV'S trial by the House of.
Peers, we see nothing of political interest in the
change that has been made, ‘vtiether arising from
ignoranct in France of the powers of her several
Courts, or from the multitude and aggravated
lio!ror of her crimes rendering it difficult to de-
termine by whom, or ho+v they ought to be tried.
Nev has claimed and obtained his Peers—where
could he find them but in France, or *"*—but
.._, • • - • •
we will give the Devil his due, and institute no
odio,us. comparisons, for magnanimity has said,
that even he is nut so black as he has been
painted.
The address of the Duke of RICHELIEU .has
been raved against as " breathing nothing but
vengeance ;" " calling for pimishinent,beiore evi-
dence is submitted ;" and it is exclaime;l—" What
" is this but a condemnation before hand, pro-
". nounced by tie first Minister ,of the Crown,
" influencing the decision of a maj:Jrity of the
Chamber ? To talk after this of a trill, is so

manifestly a mockery, that it at,once (liqlays

i‘ the unparalleled folly of the Ministers lorihing
"to their otvn views, and upon o..vn
grounds, in destroying every appearance of
" impaitial justice."

11 the foolish person who penned this farrago
had given himself time to recollect, that the MAI!
of RICHELIEU was merely thee Pub/ie ,;ceu.?er, he
have found out th't his speech was pre-
.
cisely of the'sanie fa:11(1re AV ith all other speeches
delivered 1.)3'! persons in that chard.eter;by

vocatt; in CFI:n.11:11 ec,tirts, 3(7: if Ili.; informs'
don
dotsnot emtble him to make this diicoverYl
lie luny refer Sliteeil69 ogolust
Lord 11.1ELvit.Li; And his own comments thereon'
previous, to the ttial juil acquittal of thit ig“11
illustrious State Dliiu;

The French Police havit iecctitly been 1116ra
both with regard tb disbanded troops
in Pnris :And all strang,:rs.
C.V.I*NING Still remains nthires, /AL
tcilf
C& rrainly return to EnglAndlo,.,, tint, the spring,
though we believe the precise petiod it; not 'Yet
d eterm e d in. t

-.act

- •'
The Company's ship ScaiebV Cade, 11.011
China, also the Country ships Cornwallis 20
Swallow, arrived in the DouinsyesterdaY morn&
Scaleby Castle left .China the 12tb.
April, Batavia the 30th May, the Cape 26th Aug.
and St. Helena the 21st September.

• The .antis hos art ived from Rio Janeiro,
ho
briTng"
1
ing intelligence to the 6th of Septensher• •
ReGENT is said to have tiliandotted all
tention of rtql: riling to Europe, both front pri"td
and put:lie motives. 'Fite
.1)e followint, -one of
letters contammg interesting pktrticillars
" Rio De JANtuno, SEPT. 5.—A Spanilt frigate 1,451 :04
rived front Europe with General Vigudet board. A b:iLlt
tittle after his laitiling he waited on the Prince itege9tl
whom he remained closeted,- two hours. ItuntoOr
it ttic
he comes to negoeiat a marriage bete; ,err i et Wiwi° ,11,"64,,i
Second daughter of 'O)6. Itezent, and behy"," thal
Carlos and the Third Daughter, but iV is more prObab,e tech
the object of his missien is to
war aganm Buenos, Ayres, and otherwise to assist 817819 the
re-possessing herself of the .adjaectit Provinces. 11.6 r,
greatest harmony at present prerails between the Pot ti,;ll`iij
and Spanish Courts, it it not that the GeuLat,
will succeed in his views with this Government for'
persuade lite Prilice to <wt'
tack.on the Iterolutionists,of La Phtta."

Sir HENRY TORZE.NI 'did not leae totrn ant!'°
inarvellous or unexpected wanner as has El
stated.. Ills mission relates mercy to the iniert!'i
details of the army. Sir FlaNtzY (alien "113
hint Air. Litt-mu:Y., one of the principal-Clerks:if
he
anti
Secretary;(i: "
:sn:tette: etteeltrti• f tit in
town
e'nit:oaf ttic::a(itt::trv.ts.',B:(oc> tiiiTiFft°o6.:l
bsent
o
night. ti
()ur Readers will doubtless recollect the
• which were stated in various papers to 11;0-' Pre-
vuiled in Paris, relative to a mis„,,derstantling,
between-his IL 11. the I)tikc of Bettev- and' Rtio,l,
Grace the Duke of IVELLI:':GTONy as tisell
tin interview and explanation which were s8i(11„17:
have been the result Of that tioderstanding•
have taken !mins to hoot ottrsfqtr.-, accuratelY
1 chits stit,jcct ; and we ate antlotti•ed to treel3le.'
t•Jise ---
dill the repol•ts in question are cIF ire.t V •-
inzes,) .
Theri)iike of -WEL-I.lNoToic, we have reason to*
beheye,•has blen'z.otne time on his ;.;third
the plots which were couneet-Jd will) the trial "'
„d
Nr.Y ; a!)(i.is prepatett to seize their ringle-
Tit(.l
rtl'f:tdtS( 1.
,:ittiirsuzli.plef
ei their ley
c,‘ll,eql:ence of the gr,eat
Circia‘ttilig ittUditiftt, numerous indi% nottlC
issues of Slll.ll note,. Thesc, as ,vt as 131014:
n!'te-3., hate been generally counterfeited.—The
ettltur% of sugar-is practised in the southtloi Statel;
with considerahle silecess; awl "I"ar" Cf •
1..31'gt casks had been t'SpOrteft trotri one verso-
estate.—Nuitterous ettligintions take- place daib'
front the northeni to the southern an 44 Wessicilit
States. Positive information- had been r.ece'vt:(
at lintfalo, of a tretify.hl;ing been concluded wi..tt%"
tht Indians"; Abil-tii-at every indication of hustilaf
arc
had ceased.----*-iiiii-s upon *Lutiiiiin *Bost"
°lll-1.2' pei.- Cent.. discount,. Whilst at 13aitillwr°,
they are as high as 20 )er•cent. discount.
difference arises• front tbe. comparative err:Alit 04-
tt?e hank paper at these places. • .
Ott the 1 7.th of August, the Masters of SC,lcri,
American. merchant ships, being at Point-a-tietr-,
in GitadalOttpe; sent -a petition to Sir
that
LEtl'H, the Governor di that Island, praying"
they aught he allowed to take away the I'
re'
IP.
duce "'pith they -had contracted•tO receive, in
turn for
tilileil,
ir.iigc)argoes sold m
blockacl,e
to the erchants
siding 'in the Island, previons to Any hostilitly ore
t.:ken place. On t'ie
aubalers,ft:itl a:ittlist:ilh;ecer
IGslitnit.
I 1:31e0°
mission for neutr.il vessels to early aw-1Y c°l°''"
,
THE I'tINC:O It EUENT'S TOL,R.--'lllci.'ir of.
, Royal
1-llghtiesiesi the -PaiNcrt tic GENT 111"1 ''''Ll-eand •
C.LAC‘ENCE; attended bv-Gener::ll3l..o,osll.)°' ir2sTett"..
Sit' 11/I):'.lti Nll NAGLE, dined a
I li"1 t t Hi -
market on Monday last; on t.ie.r 11:4;i: Doti -
destirt to tl:e i‘lart-pti•-, of Itz„,rvory'3'
ero
GLAs had the honour of entertaining bleu 10.)";
Guests at the remains of the Old PaLice' t
theStciiy arrived between three an.' four i 1111:f
iti:(.:rlien%e'eryri)t he. n mortling• the 11Hor
0
been a frListent: visitor at. •
races, the inhabitants testified their atttiChttl'
and gratitude by a spontaneous and 'general ilk'.
mitoition, the firing of guns, 8:c. a band of [the-
Sci paraded the wain stret the greater part of
crelling, playing " God save the King ! au
other loyal and national airs.. •
tL
We nitde;stanil the i‘lerchants of Coik pfiY
usual cumpl:ment to t new Admiral on taut STA'
boat, Sir lit IlAteowELL, K.C.11. by ebtercauli'L‘4
hint at din tier otaltorsilly next ,at M' Dowell's hotel;
The Gene-ral and Stuff Oflicers- of the Garrisott
7
and scVeral other Naval and • Military Officers, t"'"
getlict. "'id]. the Nlayor, Sheriffs, &c. are invited tit
meet hint.
C Itl . Co .—A new of Crim., Can, will
ciii to be tried in Dublin during the Sittings
after 'Term, witielt is likely to excite •a consider-
able degree• of aftention, in consequence of
rank and character of the pa.rtie-i.
111 e are tooter-hell to state, that a Lady, ,vllO
lodged -in Abbcy-street,. shot herself yesterday
mt/riting, about ttvo• o'clock. She has left
young and IRla..utiful faintly. No cause has yet
been assigAipi for Licks nisi! act.—::Dub/in Journal/
Not). .11,