The Sun.
London, England, 1815-11-22 00:00:00

THE MARSHAL PRINCE OF THE MOSXWA. TO TUC

AMIiASSADORS OF THE YOUR GRAND ALLIED,

F 0 WEBS.

" EXCELLENCY,—It is at the last extremity, at
the moment in which the critical circumstances
to which I see myself reduced, leave me no longer
but too feeble means of avoiding the condition
and the terrible danger of an accusation of the
clime of high treason, that I resolve to have re-.
course to a legitimate address to you, of • which,
the object is as follow :
" 1 am tent before the Chamber of Peers by
virtue of an ordinance issued 'by the King on the.
11 th instant, and after
,a speech addressed to that
Chamber by his ;Majesty's Prime Minister. This
imposing denunciation, and the considerations up-
on wilic`h it is -founded, are of a nature to 'give
me just apprehensions. Among other motives
for instituting toy process, 1 have read with astp--.-
oishment i i that speech, " that it was even in the
riame If Europe that the Ministers came to conjure
the Chamber, acid to require it to try me." &mit-
a declaration, surer me to observe, is irreconcile-
able with that -which has passed in these last pe-
riods of agitation in France. Ido not conceive
how the august Allies can he made to intervene its
this criminal proceeding, since their magnanimity
was generously occupied with the care of g,uiran-
- teeing we against it, and since a formal, sacred,
and inviolable convention exists upon this subject.
Deign to recollect that by the Treaty of Paris
of the 30th May, 1514, the high contracting par-
ties had formed .an alliance with his 'Majesty,
Louis XVIII. Being informed at Vienna, on the
13th March lest, that theJ-canse of legitimacy in.
France was threatened. by the return of Buono.-
parte, they resolved opt))) the solemn Pact of that
(lay (13th March) with the Ministers at the Con-,
press of his Most Christian Majesty. In this Pact
the Allied Sovereigns declared that they were
ready to give to the .King of France and to the
French nation the necessary snecours to restore
public tranquillity, and to make common cause
against those Who should undertake to disturb it.'
•-" In the confirmatory Pact of the 25th of the
saute month of March, the High Powers engaged.
solemnly to unite all their feria to maintain, in
-

apinst the plans of Bunnaparte ; they rir6.
to act ill Common. They r gilsi d the respec-
tive cvntingents : theyivroposed to march -against the
cotnyncvz enemy/. ia. fe, os rietian \Ja-

ty %v as iiii;;ted to gict his asq;at tb:the, saint
szfres, io ease he sit.,,u.•: tta!,t!
Diary tro-ps• that prorni:itd
ke It tr•tilts c ;I,lv from Cv.'s:. dilicteutstipti-
Ltimts", that all the -,arttlies f I?,nrOvr, -without
distinction, I!;ive beet) tht:atlxiliarirs'of-the
of Prance; that thr Ipive tottght -in his direct in-
terest For the submission art all. his sirs-jei.tS. Vic-
tory 'soon dscitleti itt favour-Df the En lisp and

Prussian arms 4init et!, on the plain..., of Waterloo,
and brought them under the ~sails of Paris.
There remained- trrt)ppose their utterior prOgros,
a corps ot the. French army, whiett-nnht :have
sold their lives Aearly. A negociatidn,fook place,
• and on t; e 3d of July, a' convention between the
Two parties was signed., The 12th 'article of
which says—
' Shall he equally respected, persons a-•p.,1.1 pri-
vate proprrty : the 'inhabitants, and itt. general,
all the individuals who 'arc in. the capitaWshall
continue to enjoy their rights and liberty,•without
being disturbed, or sought after for any thing.
-relating to the functions they occupy, .or sh,ll.
have occupied, their conduCt and their political
opinions.!

" The Conventhni has been since tatified by
each of the Allied Sovereigns as being the work
of the two Powers, the first, delegated de Pflo.
11 has thus acquired all the force which the sacred
right of nations, the tights ornature, and of per-
soits, unild impart to it. It is liecome the nnal7
let able safeguard of all Frenchmen whom the kids-
fi.rtnnc of the tronl}les May have exposed even to
the legitimate resents em of their Prince.

" Ilis _Most Christian Majesty positively ac-
retied to it himself tipon entering into his capital ;
thore•than once he has invoked the imposing au-
thority of this political contract as an act indi-
Ai,ible in all its parts.
Hence, Excellency, can it, bedouhted.that 1
am well founded, as one of the personsdor whom.
•this stipulation was made, ill claiming the-:benefit
of die 12th Article and the religious eX-ecertion' it
the guarantees expressed in it ? •
" I presume, in consequence, to require ex-
pressly from your Mit4stry, and from the-august
Power in,theuarneof wiAieluon exet eise it, that
von cause au end to he with regnra too me, to
all criminal procedure on. account of the fuuetiotris
which I filled in the nu nth of March. 1815-,, of iity
conduct and of my political opinigm. .
AIN state of isolation and abanch is a
season the mole fur determining your ENcellency.
to come to my succour, and to enabjeone to en-
joy, by your powerfUl *mediation, the rights I It4,re.
acTiired..
_ _ _

It Ihad not 1)litully relied on the xvord of so
'many .59vereigns, I should, in some unknown
land, have made myself forgotten. It is this Ati-,
gust awl holy word that has caused my security...
i:an it be fallacious ? I e,mnot believe so, and I
.e.gpcct with confidence from your good faith, that
you will grant me your powerful intervention._

(Signed) e d)

NEI'.

COPY OF THE DUKE OF WELLINGTON'S ANSWER

To MAILS JAL NEY:

Paris, Not;. IS, 1815.
Ilth.Nstr'll LLNAItEr-nAL,-1 have had the fin.:
'lour of receiving the note whiCh you addressed to
!tie on the 13th instant, ,rulalive. to the operation
of the Cripitulat ion of Paris in your case. .
The Capitulation of Paris of the 3d .July last,
AVati Made int Weell the Commander-ill-Chid:of the
Allied and Pi us,ian Armies' on the one part, ond
the Prince d'Ecknitthl, Colprpinder-in-Chief of
the French y, on the other, and 'TWO exclu-!
bively to the military occultation T)f:Plqi*.
The object of the twelfth article %vas to pre-
vent any tnetattre of severity under tit-e--trritirary
authority or those who made it towarris_...alq Ler-
sons in Paris, on account of any offices thgy hail
or any conduct or political 'opinions •of
theirs but-it never was intended, and never could
I.)e intended, to prevent either the exit.-ting French
Government, ini‘ler %vhose authority the French
Commander in Chief must have acted, or any
French Government which' might succeed 'to it,
from acting in this respect as it migl-it seem-,fit.
-1 have the honour to be, Aionsicur i .)1-arechal,
)(Our most obedient, humble servant,
(Signed) WELLINGTON.

14(yrr, lIELATIVF. TO THE CANTULATION OP PARIS.
ft xvjsited, nor, is .it possiblej„to recall
the results and the consequences of •the.cupitula-,
thin of Paris, signed by the D:tke of Wellington
,1;;(1 Prince Blucher, in the name of . [lie Alliesc-
and producing immediately the re-estAli.sliffiCAlt
of the 'l'ht•one for the King ; but the subsequent
observations are made on the faith and validity of
Gapitttlations, with reference to Articles 12,,.14,.
nad 15., of thatof Paris.
Capitulations or conventions concluded by
Conunanders-in-tThief, aro not momentary and
passing conventions, but are el'ei•y where recog-
LiSra am rirlll:Metlt ettgligtrtiefirsY-1'
Ticacie:: thus formed by their rvpresentatires
Ca 11 of he arbitr►tri!y changed by Governments,
particularly to the prejudice of the security, of
the property, the liberty, and the lite of the party
;uiirautcccl _by the original capitt►lation.
Even no possession w;lioever .acquired by
the capitulation, can be disposed of without fulfill-
ing the coutlitionti under whicfr,the acTlisitionbas.-
Vevn n►„de.

" A Government yiething any .poSszssion
whatever, cannot disengage qsof lioin.the-gta-
ratstve of a capitulation ; antl.the obligation, knit
being cli§continticd, the op,presetl 09 not tic less
iii•esehe the right of claiming its, protection
against subsequent viohttions
.of their;, personal

tiecurily. .
" Civil or military persons, accused of political
offences, covered by a capitulation, Cannot' be
delivered tip to be tried by o new. Govertnitelit,
nor even by that tvilich is re'-establislied in its

rights

• t.
er:tnce has consecrated tiiis practice in all
ilationi, a 4411 particidarly in flii,gland, the
iii,tory opt• which presents, a series of oblip,vory

X VaI,ICS.
" 'the pule deviation occurred .at Naples, 3vbere
the capitulation wade by Captain. Foote was ;,tiot.'

•••••••••• ••--a-r

•
surrendered on the faith of the •Eaiglish G(t‘ero-
nient, 'to the re-established Neapolitan Gwen-
ment, was persecuted arid e•keeL!ted by the lattertt
‘Governtnenc; but Lord NOS etended, ll
Captain Foote was not authorised to make a ca-
pitulation, and:yet that odious trEtti§action has
cast a shade over the character of Lord Nelson,
Anil it excited so much horror in England, that
nothiiig tint the eminent services of Lord N:Ason
could hive saved him from being the object of an
-accusation:and judicial proceedings in Parliaitn"Mt.
Recently Generals Savary, Lalleniand, and
'several 'others, wire not delivered to the French
Government by the English', because the Captain
of the Bellerophon had pledged his honour, and
that tint 'even by a written conventiom, but by an
understood engagement, that all those who em-
barked under his protection should have their lives
secured by the Government. The King of France
cannot preteml that the capitulation is not bind-
ing on •the grounds above stated. Hdw can he
seek to violate, this single and most solemn of
-the Articles, when with regard to the others,
•which arc to the disadvantage of France, be has
been compelled to lend himself to their rigorons
fulfitnient The Capitulation was concluded in
the name of the Allied Powers. and t!le King of
France, on the day of the capitulation, wa'o only
One member. of. the coalition, according to the
declarations and proclamations of the Coalesced
Powers, and in part:eular that of June 2211, sign-
ed by tire Oldie of Warw.-ton.
" The friends of justice bring forwa-d these ob-

serYatious the more readily, as tine whole pOpit-
,latidn of Paris.. the lives and property of so many
individuals, are protected by no other aegis than
the faith of that capittilatiow
" It is essential to observe that the city of Paris
has never been restored to the King ; that it is
notv ill the military occupation of the Allies, and
that no person can proceed beyond its environs
without a passport countersigned, by the Military
.A,:onimandant Of the Allies.

•
" Art. J 2. Shall be equally respected," &e.--f:See Ncy!s
Address to the Ambassadors of the Foreign Powers).
" Art. 1.1. The resent Convention shall ?ie observed, and
serve as rule for mutual relations, until the Conclusion of
peace.

" Art. 15. If difficulties arise in the execn: ion of any one
of the Articles of the present Convention, the interprc:tation
thereof shall he made in favour of the .1.)-encla Army'and the
city, of I..'ari*."