The Sun.
London, England, 1816-02-16 00:00:00

ritTrtACTS ItltO.tr A MENTORIAL,
,NIESSRS. BItUCE, WILiON, and HUTCHINSON,
Containing their Grounds of Appeal again►t the Ordotiaance

a the Chambert abet,tnati iif Jan. 30, t 81U.

". We have been dirested isnil-tonstitutCd pri-
soners on the atcusation of haVillg assisted in the
escape and flight of the condemned Lavalette.
" M this species of offence, even supposing it
proved, can only incur penalties entirely cor-
rectional, we have demand eel to be released upon
bail., conformable t 6 Article 114 of the Code
of Criminal Precast.

" The requests presented by us with this view,
have been replied to by an .Ordonnance, dated
the 30th of January, 1816, which in the conch*.
sinus presented by the King's Procureur purports
to pronounce as follows :—" We order that the
demands of provisional liberty, soient jointes au
fonds, in Consequence we decide that them is no
ground at present: for determining upon the said
demands."

" Our demands being thus is fact refusedi we
have thought it necessary to appeal against this
Ordonnance, by an act signified to the King's
Procureur in the usual form.

" The prelent Memorial his fio 'its object to
develope the reasons which, have been merely
polluted out in the act, .oftippenh.
parts which we here omit arc dry argu-
ments on the words of the FreUch Law.]

" The provisional liberty must be eithervant-
ed, if the offence charged be Merely correctional,
or be refused, if the crime charged be liable to
heavier penalties ; but there is. only thii alterna-
tive, and the Chamber of Council had no autho-
rity- to adopt an intermediate mode of decision,
which, without appearing to refuse the demand,
did' not however comply with it, and joined au
fonds to the proceOlings.
sfif the law. only prohibits the granting it when
thelitleof the-accusation bears with:it-am-
tire or infamous winishment (*rt. 113),-then it
ought to be granted inevery. case Where the title
only indicates correctional penalties (Art, 114);
otherlvise it would. he the diver:l4Y of persons
that would make a diirerence in the decisions of
the judge, whilst on .the- contrary it is _evident
that the different decisions 'can only arise out of
the diversity of .

"-The whole, therefore, is reduced to the veri.

fication' of the title of the' acctliation of which

we are the object, whether it is criosinul or cot.-
rectimial.

" wr'y maintain that it it purely correction-
al, &t.
Is true tbat the Ogdmsriettrve or Jantissoi 30,
attempts to ridd to offences 'lardy correctiokal
aggravating circumstance!, whieh would have the
cifect.of transforaing them into crimes.
" But what are these circumstances of pre-
tended aggravatinft ?
" They would be, I st. Having used corruption
or connivance with the Gaolers. . _

" 21. flaying manifested by aets or writings
the intention cat an attempt or conspiracy against
the Government.

" lire'rnay wake, upon these circumstances so
called liggiavationi, a general remark and paiti-
curar obxervatinim . .

" The general remark" applicable tn both it,
that these pretended eireilltlStallCCS are nnt titated
even by the Judges who have issued the Onion-

"'As they have net pronounced this refusal, it
must therefore be' ocinclisdeet with certainty 004
there does not exist against tie tiny charge founded
upon these pretended circumstances.
But if it is not enough to show that the pre-
tended aggnivating circumstances have no founda-
tion in the opinions even of the Judges,' we shall
go much further by showing that they cannot exist
in fact.

" They dare not say openly, that We have'cor-
rupted the guardians 'of Lavalette, nor can they
reproach us with connivance ;• they know well
that tliiire is nothing absolutely nothing that pre.
tents' the slightest proof of this corruption, of
which, the allegation with respect to us is nothing
but u mere calumny, The expressions of the Or-
tknnance, a little mbArrassed in this particular,
give only the Wert " orfacts of corruption or con-
nivance ',minuet' either to the gaoler or the turn-
key:of Lavalette,, and which would be of a nature
to carry with,thontiqctiveand infamous punish-
ment, agarnit the principal as theuctais
plieet,." •
" Oat it sillinifies lil.tic, whether -the gaolers of, tije
tqviicttc are accused of con option or connivance, if ‘rt are
not acensed• of having- usuil Corruption or connivance witty
than.

" lt arm:ere, however, thetelthengh the terms of the Or-
d' in du not cute 1111opinissit that we have corrupted the
gaolers, yet we are included in. the 'hypothesis' of Article 242
or the penal code ; and thus we ere enveloped in the
sion, although we are not included its the premises.

" Adantti-ng,.howeeer, that, the Ortionnance states deafly
that ne hare corrupted the gook' 'that Mai we are
brought within the penalties designated by Art.
" • !his accusation iis denied by our conscience, whith at
once rejects as a calmuny acensation supports dby 4u.
cumtnt, either verbal or written, and respecting which the
Ordouttance itself acknowledget that it has not even hitherto
P. tutlicient presumption. This accusation, we soy) coo no
ranger, so fir as respects us, he regarded but at a rota pre-
text, since Madame Lavaiette has obtained hei .libetty pro-
visionally. •
•
" In fact, it k impossible 'to conceive that wirhave•corrupt-
ed the.f4aolois, in orderte allow M. de •Laralettc to escape,
when it is not pi mended that we knew that he was to escape;
--iitipossthli4that \VC! faMiliti he accused of his eseepe witlsopt
our knowing the day, the bear, the moment, the mole bf
eicape.:-withaiit bong, in is word, isa concert with Mmhone
Laralette (Wham noise of us have ever seen) ;-.itupossibl,e
in that cuse, thttt MadauAr Lavalette herself, the virtuous
and honourable auther.of the safet.y of her hihtn4,o,- sllohld
not know that the Gaolers were gained and corrupted, ,and
thatibey would 'shut their eyes;—impossilile; quite itupo3-
OW, far any reasonable man to conceive, that the fiaoldrs
Should he corrupted by tis in the interest of the sioir Lam%
Jetta, without Madame Lavolci,ro being informed of it.
itc We Co Angll44lacia 'Ol (al ittiAtilit. t pdett