The Sun.
London, England, 1832-06-23 00:00:00

his family, and I am happy herein to express to 601
my lively gratitude for the same. One thing deeplY
afflicts me, which is the grief I cause to Madame
Chateaubriand. Indisposed as she is, having formed/
suffered 15 months' imprisonment for me under tie,
reign of terror, it is too hard that my destiny should
add to her past sorrows. But, my dear friend, it II
not my fault. I have been placed by my arrest iii
one of those fatal positions, which, perhaps, ought
to have been well considered beforehand. I re,
fused my oath to the existing political order 0,1
things; I sent in my resignation as a Minister 0'
State, and renounced my pension as a peer. I cant
therefore, be neither a traitor, nor ungrateful to tht
Government of Louis-Philippe. Do they wish tc
consider me as an enemy ? Then lam a loyal ane
disarmed enemy, who, being conquered, support dig
necessity of a fact without asking for grace. NO:
I am apprehended and examined upon a pretentier
.
political offence or crime, of which I am accused 0
having been culpable. But if Ido not reeogniV
the political order established, how can it be es'
pected that I should recognize, in a political cast
the competency of a tribunal emanating from th
same political order ? Would not this be a gro§
contradiction ? If I reject the principle, how shout'
I admit the consequence ? It would have been prt
ferable to have simply taken my oath in the Chair
ber of Peers. On my part there is no contempt e
justice; I honour the judges and respect the trr
bunals. But there is in my mind a persuasion e
one truth and one duty from which I can never de
viate. You see that Ido not argue upon illegality.

the flagrant illegality of martial law. Igo back t
an anterior source. The declaration of martial !al
is a very trifling incident consequent upon the fin
grand illegality, and this incident is a necessar
consequence of that grand illegality. I stated in n 1
late writings that I recognized the social orde
existing in France, that I was bound to pay tax&
&c.; whence it is clear, that if I were accused of
social crime (murder, robbery, an assault upon pet
sons or property, &c.), it would be my duty to ar
swer, and to acknowledge the competency of 01
tribunals in social cases. But lam accused of
political crime, and on this I have nothing to rep!:
I admit, however, that in case the Governmel
should suspect me to be culpable in its eyes of
political offence, its own defence would induce it f
proceed against me, and to prove, if possible, 0'
guilt. But I, who acknowledge the Government
a Government de facto, have a right, at my risk ar
peril, to refuse to answer. My accusers would eV(
find in my silence an advantage, as I should volt)"
tarily relinquish the most powerful means of
fence. I have founded my refusal on two reasons
1. The present monarchy does not derive, in 0
opinion, its rights by succession from the ands'
monarchy. 2. The present monarchy does not
rive, in my opinion, its right from popular soy'
reignty, as a national congress was not called tor
ther to decide the form of the Governme
Whether I am right or wrong—whether the
theories may be more or less hazarded and CO
tested, is not the question. I have a convictio
which I maintained, and to which I will fnal
every sacrifice, even including that of my life. TW
nothing is more logical than my conduct towards t
examining magistrate. I could not have, and I cant'
answer his questions ; for it I had even told him my naB'
when he asked me it judicially, I should thereby have reel
nized the competency of a tribunal in political matters, 8'
when once the first question had been answered, Pshoo
have been forced to answer all the subsequent questions.'
I have offered, and am still willing, as an act of courtei
and in the form of conversation, divested of legal foil
to give all the information that may be required, but I
yond this I cannot go. But what are they going to
with me, and the excellent, kind-hearted, courage°.
and honourable Hyde de Neuville—the genuine prey
the dungeon and of exile, who, at the close of his lifer,
about to suffer over again the persecutions be sustaineri4
his youth on account of his fidelity ? What are they go')
to do with my noble, loyal, brave, wise, and eloquent
colleague, the Duke de Fitzjames ? What will they
with the last of the Stuarts defending the last of 1')
Bourbons ? Though they may drag me before their
ceptional tribunals for 20 years, they shall not even 10,
me to say that my name is Francois-Auguste de C 1
teaubriand. If they transfer me to Nantes, to conill
me (for such is the phrase they use) with M. Berryer')
will, as the interests of a third per son are involved, e 4
I know of him, and he will come out of the inquiry as P,
as the unsullied snow. As to my person, I give it up vi;
out a word ; and to my present silence they may ad°'
they please, the silence of eternity. Captain Lanoue 91!

Breton, as well as myself. I have no other relation

my illustrious fellow-countryman than the esteem /
which I have been honoured by all parties, and wide]
the pride of my life. Lanoue had not visited Britt:l4

many years when Henry IV. sent him to combat ags'
the Duke de Mercceur. He was killed at the ass cult °
castle. He had a presentiment of his fate, and on eot,
ing Brittany, said, lam like the hare, I shall die oo:
form.' My form is ready. The small town in which
was born has done me the honour of preparing my to
which it has raised at its own expense on a small islet
lected by myself. This is the whole secret of my
rious correspondence with the Chouans of Brittany
it not a most abominable conspiracy ! ! Adieu, my 1'
friend, and Liberte si vous pouvez.
" CHATEAUBRIAND',
The Prefect of Police received yesterday from the D°
of Fitzjames the following letter and protest
" Sir,—l have the honour of sending you an set'
which I have carefully exposed my sentiments as VI
situation in which the Government has placed me.
act, which I have settled with the advice of M. G. P 3
nequin, for whom I sent as soon as I was arrested,
my opinion, a duty I owe to my fellow citizens as vie
to myself ; it will prove in case of need my confideticek
p
the laws to which I am subject, and my faith in -
celebrated declaration—' Henceforth the Charter s 1
a reality.' " Duke de FIT ZJAMES'
PROTEST. .)

" The undersigned, considering that the law of the
Brumaire, An 5, defines by its 9th article the 11
classes of persons who are amenable to Courts-00
that as to citizens who do not come within any of
categories Courts-martial are but tribunaux exceptionl
that the Charter of 1830, in Art. 53, says in inspef
terms, ' no one can be withdrawn from his vg
judges ;' and in order that no doubt might be left
the real sense of his article, the Chamber of 1830
. .

t
article 54, which declares that In consequence I
cannot be created any extraordinary commissions 0t
bunals under any title or denomination whatever
by article 70 of the Political Compact, which the o°o,
meat promised to respect, all the laws and ordinaueeej
so far as they were contrary to the provisions contsi°
the Charter of 1830, have been and are to remain snu
and abrogated, that hence it follows, that the 141,
hating to the declaration of martial law are repeale.of,
far as they may have the effect of subjecting to the
diction of Courts-martial those citizens who Old,
within their ordinary authority; that the inteooo"
the constitutional reform, effected in 1830, was to
the Government of a power which was consider
unnecessary for its preservation, and dangerous to
,4,
public liberty; that it was in this spirit that
14 of the first Charter was modified ; that 00;31
ciple of the freedom of the Press was relieved fr°l:
restriction ; and that it is pronounced by Art. '7 ier,
reformed Charter, and the censorship shall never 1.
established ; that these guarantees of common 10'
the introduction of extraordinary tribunals constituo.
has already been judiciously observed, the orl'°01)'
the victory of 1830; and the Government
now rules France cannot annihilate them, without C.
ing its origin, and the very principle of its existenee'v
sidering that if the military jurisdiction, as appears jl
answer given to the counsel of the prisoner, by 1.14,./
dent of the second Court martial, can only be Joe,
upon the laws of the 30th Prairial, An. 3, and f'd
Vendemiaire, An. 4, this jurisdiction can only be " 6
to linen taken with arms in their hands. BesiP;01(1
laws, which are made to meet temporary circulo.4eill
as is proved by their very text, were afterwards repe'epte,
those of the 13th Brumaire, An 5, and the stb
ber, 1808, forming chap. 6 of tne criminal code' 00,
sidering also that the law declaring that no citizen to
arrested, prosecuted, or condemned, but accordiute ti
established forms, and the penalties existing at t
when the act for which he was accused was COnSlWitte otV'
acquired and constitutional right, which cannot be ftl.oo
by any act of power; and to submit to any 103`1' Eby
lion, without protest, would be to violate that masiT
has been received by all civilized nations, 101 0",.
was formerly admitted by article 2 of the Civl or;
The law makes provision for the future onlY' es e,
no retroactive operation.' The undersigned sgreiot
the Moniteur of the 7th instant, and admits; De,
person can have acquired rights which place I'l _rofit?
the reach of the law ;' but be, at the same titose_,
his conviction that every man is placed undo "