The Sun.
London, England, 1810-01-05 00:00:00

THE KING. V. ,FREDERICK KRUGER.

The defendant lodged in the house of a Mr. Bi-
shop in Piccadilly, and a quarrel arising between
ahem respecting the payment of rent, for the non-
performance- whereof the prosecutor threatened to
have the defendant sent out, of the country, which
provoking lam, be gave the prosecutor a most se-
verA.,ciro bbing.
Ti►e defendant did not employ_Counsel, but made
a most flaming speech, in which, he loudly descanted
on the benefits he bestowed upon England, by
raising men to fight tier battles all over the world,
and for which he was not only naturalized as one
of 1.121' sons, but actually obtained a commission un-
der his Majesty to serve against the common ene-
my. He_ did not, however,. persuade the Jury, that
he was innocent-of the assault; they therefore found
him .guilty—seritence deferred. He stated himself
to be a resident in this kingdom 15 years, and to be
a native of Mecklenburgh Strelitz.

BURGLARIES.—There have been more houses
broken open about the town since the dark morn-
ings after Christmas than has ever been heard of in
so short a time. On Sunday night a house.in New
'Burlington-street was broken open, and robbed of
every convenient movable; one .in Cora M-street,
and another in Piccadilly, were also robbed on that
night. There were, besides, Lord SACKVLLE'S,
Mr. STHACEY'S, in :Wigmore-street, artd- 1001. in
cash stolen ; and one in Duke-street, Manchester-
square. -

SMITHFIELD MARKET, JAN. 5.
This day's Market afforded but & scanty supply of
different kinds of Cattle ; Beef and Mutton are
cheaper than our last report ; Veal andlPork support
last prices, and the trade in general was spine what
flat. The sales in the Haymarket were trifling;
Hay,',Btraw, and Clover fetched better prices than
Monday's market. The undermentioned prices and
numbers are an accurate statement :

To sink the 01141 per stone of Slb.
Beef 4s. 6d. to ss. GI. Mutton 4s. ed. to Ss. 6d. Veal ss..
cd. to 7s. cd. Pork 6s. od. to 7s. ed.

,
Beaste 740). Sheep 3,76o.—Calies I is.—Pigs zzo.

SMITUFIELD.HAYMAKKET.
Hay 21. los. od. to 61.65. od. Striov ii. 16s. ed. to 21. toe.
.d. Clover 61. os. od.to 81. os. od.

LADIES' BOAROING-SCHOOL,

NEAR THE CITY-ROAD.

Mrs. CaOssr6spe&tuily informs the Gentry, Mer-
chants; and her Friends in general, that her School
will recommence on Monday, the 22d:ollanuaqi,
and that she has accommodation for five more young
Ladies as Boarders ; she hopes that the flattering
success she has met, with for these twenty-six years,
in educating the Daughters of some of the first fa-
tlies the City, to' whom references May be had,
will be no small recommendation to those Ladies
and Gentlemen who may honour her
.with their
patronage; Terms—the young Ladies are boarded:
and taught the English and' French Languages with
grammatical purity and correCtness, and History,
and the Needle-works, fOr 30 guineas per annum,
,washing included; Parlour Boarders, guineaS a
year ; Day Boarders, 3 guineas and a halt per quar-
ter; and' Day Scholars a guinea and a half. No
Entrance-motley expected either froM Boarders or
,Day Scholars. Writing, Ai ithuietic, Music, Danc-
ing, Drawing, Italian, Geography, the Use of
the Globes, and Astronomy, taught. by Prof ssors
otemioence and established merit. Mrs.Caoss tray
bespoken 'with, ordireaed to, at tier Semi nary,
1 t, Charles-square, near, the City-pad. This esta-
blishment consists of but a small and select number
of Ladies,

FNDL4 .

COPY of .a ;LETTER. from LORD MINT() awl the.
, COUNCIL of the BENGAL PRESIDENCY, to
Sir GEORGE BARLOW.

TO TR RON. SIT{ G. H. TsM LOW, BABY. AND K.B.
GOVERNOR IN COUNCIL, FORT ST. GEORGF..

IOI4OURABLE SIR,
We have the honour to acknowledge the `receipt
of your dispatch under date the Ist ult. enclosing
copies Of a proposed Memorial to the Addressof the
Governor-General, from the Officers of the Army
of yoUr establishment, and of an Address to Major
Boles, the late Deputy Adjutant-General, -and re-
porting to us your pioceedings with regard to the
Officers who signed, and who were understood to
haye been principally concerned in preparing and ob-
taining signatures to. those illegal and seditious pa-
pers, and in actively encouraging, or tacitly. permit-
ting and..approv,ing. the previdence of sentiments,
and the adoption of measures, .subversive.of the first
principle's' of subordination, and of
,the Constitution
of the .13i itiMi Government in Ind►a, as established by
law.

2. The two papers which you have transmitted.
to us, and which have given occasion to your late
proceedings, bear so strongly the character of bold-
and dangerous sedition, and the principles' which
they profess, together with the kbits and practices
to'which those principles • necessarily lead, are preg-
nant with consequences so adverse to. the tranqui-
lityof these provinces, as well as of all the foreign
dominions of his Majesty; that we cannot but com-
mend the wise energy, with which you have oppps-
ed, i.n the very outset, the licentious spirit which
dictated these., docutnentS, and of which too many.
other proofs have been recently afforded. '•
3. We have at the same time observed with cor-
dial. satisfaction the disappointment of the few lac,
tious individuals who have taken the most conspi-,
cuous part on this occasion, in their'endeavours to
mislead the army at large, and in the hope which, •
without_regard to the misfortunes in winch they
were involving their associates, they appear to have
entertained of implicating the inexperienced mem- .
bers of their body in their own rash ,projects, and'all
their calamitous consequences.
4. They could,indeed, seduce the Coast Army from
its duty only by deceiving it ; and we can feel no re-.
sentment \against those younger men,. who, %thin-
struclecl as they may naturally be, in the just prin-
ciples of the Military Constitution, are more oh-
-noxious, to error,, both in judgment and conduct,
when it is inculcated by the false reasoning, and
sanctioned by the pernicious example of their,supe-
riors in age and authority. •
•
.5. Persuaded as- we are, that any ill impression,
Which may, have been made on the army serving un-,
der the Pre,idency of Fort St. George, may justly:
be imputed to the artful dissemination of erroneous
opinions and false theories, concerning the relatiotr
which an army bears to the State, and more particu-
larly concerning that in which the armies of the
East India Company have been placed by the law
and constitution of this part of the Empire, With
respeat to the local Governments under which they
respeCtively serve, we entertain a sanguine hope,
that the pi onaulgation of sounder principles on these
subjects may check 'the progress of error, and eff'ec-
Wally defea the mischievous designs of factious
men, while it may,relieve you from the painful .ne-
cessity of .extending beyond themselves the controul
of severity and coercion.
6. The subordination of military bodies to the
State is a proposition too well established, and. too
universally understood, to have been plainly and dis-
tinaly questioned in any. quarter; but •it has ,been
substantially disowned-by the present agitators of the
Coast Army ; inasmuch as they have contested and
denied the consequences which necessarily -result
from that fundamental truth. •

7. The arms which are placed in the bands of an
army are nagiven to them for any purpose of their
own. They are a trust.; and as such are accepted
by themselves, in order to fight the battles of their
country, and promote the service pf the public, 'un-
der the direction and command of the Sovereign and
his Government. These are not only the purposes,
.but they are the sole purpose, to which the, arms,
or to speak more generally, the power of an atny,
may legally be applied. Any other employment of
the force with which military bodies -are invested;
any attetuvt to promote views of their own, to en-
force pretensions just or unjust, or to redress griev-
ances real or pretended, whether 'of individuals or of
the body at large, either by the
_dire& use of their
arms, .or even by tl*influence attatched to the'pos-
session of them, is not merely the breach of a sa-
cred trust, but a positive and flagrant crime.
8. From this general and indisputable'proposition
it follows,. that military cumbinations.are forbidden,
because the cbaradet of compulsion and menace is
inseparable from the united and concerted demands
alarmed bodies.

9. This argument would be misrepresented, if it
were slated to infer that military men have no rights,
or have no means of bringing their interests under
der the consideration of
,the authorities competent.
to provide .forthem.

10. There is not an individual in the most nume-
rous armies,who does not possess regular and adequate.
means to advance any just ,and reasonable claim, or
to obtain redress for any injury that may have been
done to him. There is no necessity, and no
pretence, therefore, for recourse, .either to aanal
violence, or: to combination, which always and ne-
cessarily partakes of violence. The representations of
particular officers, addressed in their individual cha-
raCters to their 'militarY superior, and submitted
through him to the proper authorities. which have
the power of pronouncing upon them, will obtain
the object of any just demand. If it be said that
representations-in this form, especially in matters of
general concern,,: arc less weighty and impressive
thari thelunited voice of a numerous. and 'powerful
body, it must be answered that. whatever aid is de-.
rived-from the union of military numberS, is a'per-
version of the power confided to them, and fails dis-
th)6tly within the guilt and danger of those Violations
of duty which we. nave already described.,
1 1. The general tliscountonance and prohibition of
combination is so Well established in the constitution
of on( government at,lionie, that the House.of Com-
roOns,,to, whicii,the universal
,right of petition is,
anloilst, the toosl-precioUs privileges of the subjedt,
reieei•, however,. every .petition- purporting to be
it: the nkKe of Au), body or doscripl4.l. of

hen, with the exception of bodies incorpdratedhY:
charter arid yet tha sonic priition with the sanie,
'signatuyes,.. pl.r porting only io be presented by the
petitioners in their ii,d'vidual capacitieS,Would be re-
Ceived viiithour
:
12. Such is the jealousy entertained of combina-
tion, even in the ca se of bodies the most
cant, and the !least calculated to inspire that
meat; Btir a consul utional. jealousy of the trill4k
pOwer is in a.manner characteristic of Our Go,-erli
mem and -Natien. This sentiment, is far frOrn
rogarory to the high respea and reverence in which
the tree vAraraciter and appropriate virtues of !hai most
honourable profession are ever held. 'lt is fOuncied
on. the soundest principles of military subordination
and civiliprder.A deliberative army and a delibera-:
live navy, are both disqualified for •the discharge of..
the proper and konourahle dtities which form thei? .
true •diStin(tion and when their deliberaii6ns 'end
in concert and combination; the public Peace is eii-
dang. ered.

13. We are acCtisiotned 'in England,
tintStion of profession or degree, to speak with pride
and reverence of that nice and scru i lous solieitude,
which pervades the constitutional p;;liey of
.Great
Britain on every point that aff:his, hoWever remote-
ly, the great and -4,6llr:try concerns of civil liberty.
and domestic seJt!ity blessings which it is natural
to value moit in a country where they are
best known, and 'experienced. It is this great na-
tional sentiment which requires, as the main and
' most indispensable protision for civil seciirit tire
absolute ung\ialifieo ,suberdinatiori Of the army to
the state; or, in.other words, to the Government of
the country. Out of the same principle springiihe
necessity of peculiar restraints on the militarir body,
and the abridginent, in their case, or some
leges and pi-a6liCes, which are permitted, be.ciiti,e
they are not derried .hazardbus, in other pathi of
life. •

14. Amongst the chief of those restraints ii`e to
be placed the stria ptohibition of military combine-,
tion for the furtherance of professional views or :
and of open and concerted 'oppoSition by' military.
men, in their military charaaer, to the qurein Merit,
or the persons who administerit.

15. They are nit precluded in other capacities,
and in the proper places, to take Whatev,.....estiarAhey
may approve, in the expression of public .opinio.:,
or in the proniotion of lawful objeais conne&ed
it.- But these are civil, not -military pursuits, in
which they can be permitted to partake;onlydi-iesl.-
ed of the separate charaCter and influence of their
order, and blended with the inass-of, their country-
men. The 'exercise of these pplitical capacities is
excluded from camps and garrisons, because its
Mission there is incompatible alike wilh evtry mi-
litary' and civil. duty; and 'neither their '''Soverr,-ign
nor their Country will endure, that armies,
are the 'servants of 'the-. State, should set thern;-
selvesnp in tumultuous opposition to thc,se who are
Clothed with its authority, and assume a tone df de,
fiance and command where.they are bound as s,ldiers
and subjects to,obey. It is in the field alone that
armies can reap a fair and genuine renOwn: When
they loOk for it elsewhere, they lose their way, and
meet only reproach and dishonour in the intricate
atid disreputable career: of party feuds
16. It were to be lamented, and little to the cre-
dit of military men, ifon points wind) touch so near-
ly all that is most dear to their country, _they
cease, to think and feel 'as Englishmen,' when they
become soldiers, and should suffer the partial spirit
of a profession to wean them from those sentiments
and syinpathies, which, like their brethr'en in civil
life, they imbibed Vvith their milk, and which dis-!
iinguish_and illustrate their nation.

. . -
17. We cannot doubt 'therefore that When these
true English principles are beought to the teco*c.\
tion of the Cgast .Artny, they will perceive,
and, we are persuaded, will atkno Nledge with
-candour and regret,' how far. rento,,ed, all that
has been passing, must be tlibught, from these,
sounder notions of professional duty ; and we trust,
the faaious spirit Of 'combination whi'cli has lately
been fomented amongst them,' with all the irregular
'proceedings to which h has given 'birth,- will appear
'as reprehensible to the9lficers of that Army, as we
ourselves esteem them. .
.18. To apply these principles to the present case
the title alone of. the proposed.asddress to the Gayer....
nor-General in. ,Council must subject that paper
*to serious censure. •

lg. It' is entitled, retpeaful Memorial Of
the Officers of the ilfradra. 5- Arrhy."
20., It was not'a representation of the Comman-
der in Chief, or of the General Officer commanding
that Army, on its.behalf—it was not a communica-
.tion, from a few Officers of rank and consideration,
setting forth their own sentiments, or conveying re-
sPealful advice concerning the nAlitary affairs' or in-,
terests of the coast but it was- to bring to our
Council Board a clamorous demand, enforceJ by the
combined and united voice of an army. In other
words, it was to intimidate and overawe the audio-*
City to which it' was addressed.

ql. This attempt at intimidation# was the more
reprehensible., as it was altogether. unnecessary, and
entirely inapplicable to the purposes avowed by the
Memorialists. It will not be said, or to speak per-
haps more correatly, it will not be avowed, that the
removal of Sir .G. Barlow from the Government of
Fort St. George was the primary and substantive
objed of their proceedings, and that the Army was
to speak 'in' a body, not for, the redress of the
grievances set forth in the Memorial, but for the
purpose of cashierinc, and dealing Governors at ,the
discretion of the 07ficers of the Army. It the re-
dress of grievances then was the objectpropo4ed, it
is Manifest that the purpose could not be accom=
plished, but was likely to be impeded by this culpa-
ble.proceeding. •

, 22.. The grievances enumerated in that paper are,
The exclusion of Lieutenant-General Macaowalt
from Council; the release of Colonel Munro; and
the rer3oval of the Adjutant and Deputy Adjutant-
General from their offices:

23. The, first of, those complaints related to a
measure, adopted, as. the Memorialists well know,
by the Honourable the Court of Directors, and alto-
.geiher beyond the commence of any authority in
India..
24.. The release of Colonel Munro is a measure
which,, if it was wrong, might he a, fit subjea of re-
presentation by Lieutenant G!..!neral .Macdowall,
whose order for his arrest had been superbcded. A 3
Commander in ChieF, he was the proper channel
of that repre.sentatioa, first to the Supreme Gom

mem, and then to Cue Authorities at home. The
interposition of the army itseil was unnecessary and

culpable.
25. The same remarks apply to the removal of
the Adjutant acid Deputy Adjutant General. The
Adjutant general had himself embarked for Eng-
land. The Commander in Chief was also on his
passage. The condu6t of that discussion in Eng-
land might be sately left to them, and could not
be assumed by any other persons with equal

26. AN these important points could receive a
definitive decision from the Supreme Authorities in
England alone. 1:o agitate them here could neither
influence nor accelerate that decision, and could an-
swer tine purpose alone, that of fomenting a-spirit of
discontent and controv-ersy, encouraging murmurs,
and miting heat and ferment in the-army ;all which it
was for the public interest,and tiot le's; fur the interest
of the army than of Government and the rest of the
community, to prevent or appease. •It .was surely
the manifest_duty of every servant of the
whether civil or military, and must have been the
earnest desire* every honest and honourable man,
to devise every possible means of tranquilizing the
minds of the public, allaying past irritation, and
prdmoting a return of temper and harmony, at least
during that interval.
27. If the conduct of*theMemotialists could not
contribute to the accomplishment of the ends they
profesied, it is obvious; that the manifestation of a
turbulent spirit,-and of ddispesition to excite in the
army sentiments
.Of disaffection, and to involve the
Officer's at large in acts of insubordination and
hostility ,towards the legal. Goveintnent of the
country, could only prejudice the. public cause,
which served a 3 a pretext for their proceedings, by
Making it at least questionable, whether the Am ho..
rities to which, the appeM was made might think it
compatible with the honour of Government and the
interests of the public, that. they should concede
to violence and sedition, even' those points if there
had been any such, in their case, which -might
in other circumstances have been viewed more fa-
vourably.
28. If we confined ourselves therefore merely to
this.general view of 'the forth which, the Memerial
bears, we-should find too much ;room for censure.
But the impressions made upcn us by the general
charataer and aspect .of this proceeding are confirm-
ed by a close exatnitration .of the matter and, sub-
stance of the Memorial. •
29. what .the authors of this paper-invite the army
at large to deliberate on ,certain measures adopted by
• the Government 'of Fort Sr. George, and to enforce,
by the joint and united 4tt of a' military body,' the
insolent and faCtious demand 'of the retnoval of the
first Member of that Government, is plainly written
in the Memorial. This is alone a great and culpable
departure from the first and clearest duties of the
Military professioe.
30. But there is 'one feature Of positive sedition
too-plain and striking to be Mistzkeir or ov,erlooked.
31. The paper bears the title of ' Memorial ;' and
the epithet of Respettfur Is added to it. It is a
petition to the Supreme Government, the prayer of
which is to remote the Governor of Fort St George
from his office. But this Memorial does not trust
entirely 'to the reasoning it contains, for the support
of a request so extraordinary. The Mernorikists
have thought it advhable to fortify, he arguasent,
and to entotce the petition, by a pretty 'intelligible
intimation, that if. the Supreme Goceliament should
hesitate to remove a Governor who is obnoxious
to them; they will take the matter into then' own
hands, and make a new Governor themselves :
" They cannot suppress the expression of their con-
" cern at the manner in Which the exclusive rights
of the Army have recently been violated, arid of
" their sanguine, hope and earnest entreaty, that
" the Supreme Government may in its wisdom be
" induced in appease their 'just alarms, and to an-
" ticipate the extreme crisis of their agitation, by
" releasing them from the controul of a ruler whose
" measures, &C. &c."-
If it' is contended that this passage is, in it's let-
ter, susceptible of some other and less criminal in-
terpretation, it must at the same time be admitted,
that the words_ naturally bear the construction Which
we have put upon them. Such a menace Was
never addressed by such Meniorialists to such a
quarter, in plain unambiguous language. That the
phrase is equivocal and may by any constrti6tion
irn-
port a threat, is (in such a paper, signed, as was
proposed, by all the Officerspf a powerful Army),
to be received /as an explicit expression of that,Sense,
and brings the crime fully and satisfaCtorilY home
to its authors.
32. In, considering the subject matter of this Me-
morial, we perceive that oh' the three complaint's
preferred in it, there is not one which could be
made, with propriety, the subjea of a representation
from the army at large, even if such representations
were justifiable in any case. •
33. Whether his Majesty shall call the Com=
-mander in Chief of the Army into his Cabinet
Council or ,not,' it is for his Majesty, with the ad-
vice of his Ministers, to decide, in his discretion.
The Commander in Chief of the whole British
Forces isnot necessarily a Member of Administra-
tion, or-of either House of Parliamtni ; and we are
well assured, that no Officer in his Majesty's ser-
vice could be found, if the 1-ecent,conduCt of Lieut.-
Gen. Hay Macdowall shoilld not compel us to wake
anexception in his case* who would countenance
or promote a representation from the British, Army
at large, to his Majesty, or to Parliament on. that'
subject.
34. Whether the Commander in Chief of the
army of the East India Company, serving under the
Presidency of Fort St, George or Bombay, shall
'be appointed to a seat at 'the Council Board or
not, is a question which is left' by law to the de-
cision of the Honourable the Court.of Directors,.
whose duty and privilege it is to determine it, ac-
cording to their views of public convenience and
advantage.
85. The complaint upon this subjea is introduc-
ed in the Memorial, immediately after the asser-
tion, in' lofty and declamatory language, that the
~,
bumble Memorialists are not the abjes slaves
of a country enthralled' by despotism; and that
" they respectfully assert a claim, to certain rights,
and privileges ; the enjoyment of which may be
'‘` allowed to- them, without impairing or encroach-,