Star.
London, England, 1809-05-11 00:00:00

LAW iATELLIGRATE.

COURT OF KING'S BENCH, MAY 10.
THE KING V. COLONEL DRAPER
The defendant, who was convicted long since of a
libel upon the late Colonel Fullarton, by charging him
with making false returns from his regiment, was this
day brought up for final judgment.
The affidavits filed in the cause were then read,
which occupied near two hours. Amongst these was
the affidavit of Lord Carhampton, touching the truth
of some of the facts asserted by the defendant.
Messrs. GARROW and NOLAN were then heard for
the prosecution, and pressed the Court for a severe
judgment. The libel, they said, was the more inju-
rious as it came from no ordinary person, and Was a
studied production. They added, that Mrs. Fullar-
ton was very anxious to clear the memory of her de-
ceased husband from the aspersions cast upon him.
Mr. Serjeant BEsT having, in the outset, made an
unsuccessful appeal to the Court, to have the affidavits
of Sir Samuel Hood and Mr. Oswald read, in justifi-
cation of the defendant's assertions, he again proceed-
ed formally to discuss the propriety of receiving such
affidavits ; and was succeeded by Messrs. DAUNCEY,
MARRYATT, and GURNEY, on the same side.

After some time spent in argument, the Court ob-'
served, that there had been enough of irritation al-
ready, and a severe punishment upon the defendant
was.calculated to encrease rather than allay it. Their
Lordships therefore suggested, that fhe defendant
should enter into a recognizance with suteties, to come
up when called upon by the Court.
Mr. Serjeant BEST said, that Colonel Draper .had
instructed him to say nothing that could wound the
feelings of the widow, and that all animosity had
ceased since the death of Colonel Fullarton.
Colonel Draper then entered into sureties, himself
in £lOOO, and two in 4500 each, to come lip when
called on for judgment. This was accordingly done.
The sureties were, the Earl of Banbury (Major Ge-
neral Knollys), and another General Officer.
Nothing further occurred, and the Court rose at
two o'clock.

Yesterday a Ballot was taken at the East-India
House for the Election of a Director for four years,
in the room of JOHN MANSHIP, Esq. resigned.
At six o'clock the slasses Were finxlly ch.sed and
delivered to the Scrutineers, who at nine o'clock re.
ported the numbers to be, for— •
WILLIMCWIOtAIt, Esq.
JAMES DANIILL, E5q......... 459
Eircts ItwlN, E.q.
ANTHONY CHAMItiI, Esq.
Whereupon WIORAIdt Esq. was declared duly
elected.

Ttleitt,Themodenigned disputalsed the Count Van 2.94,111.tha
following day to Vienna. By the expedition with which he trans-
mitted these matters of complaint for the information of his Court
he albrded to the Cabinet •of the Thullisties the perfect desire'
which his illustrious Majesty cherishes, of maintaining the most
amicable relations with his Majesty the Emperor of the Preach,
and of hit particular anxiety to remove, by, every means in his
power; thi smallest occasion which mightarise to disturb the good
understanding existing Demean the two Courts. •
" An intimate knowledge of the principles of the Emperor of
which his Majesty has given so many proofs ; the knowledge a:so
of the no less certain fact, that since the treaty which *was follow-
ed by the evacuation of Brannan, no subject of dispute has exis-
ted between the two Courts, induced the undersigned, since the
month of January last, to express, confidentialiy and'upon vari-
ous occasions, to the Minister for Foreign Anita, the astonish-
ment which must have necessarily arisen from the orders then
transmitted to the Prints of the Confederation of the Rhine, to
hold their contingents in readiness tom trch at a few days' notice.
The undersigned was the more urgent in his representations, iu
consequence of the reflections which must have been excited in
his mind,,by the numerous perplexities and doubts which have
within a very recent period been cast over the real state of the
relations between the two Courts, as well through the medium of
the French journals, as through that of various German papers,
published in the States of the Confederation of the Rhine. Un the
7th Feb. he had the honour to acquaint your Excejleocy, that on
the 29th January, the day when he re-dispatched a courier that
had arrived, no movement had taken place in theAusthan Empire
notwithstanding the previous rumours respecting the measures
prescribed by his Majesty the Emperor of the French to the Con-
federation of the Rhine, had come to the knowledge of his Court.
He had on that occasion repeated to him his priva e conviction that
the measures recently taken in France and Germany, and parti-
cularly the march of the French troops to Bavaria (a, circumstance
which could by no means be anticipated when the Courier left
Vienna), would have the effect of brining the Emperor to a de-
termination to quiet the fears of his people, by adopting some
measures of defence.

" The Count Von Mier returned to Paris on the lit of March
—be was charged with an instruction to the undersigned Ambas-
sador to his Majesty the Emperor of Austria, to acquaint his 800
cellency the Minister for Foreign Affairs, that his Majesty, always
faithful to his engagements, in order to remain on a footing of the
best understanding with the French Court, bad Instantly given
orders for an inquiry into the particular subjects which had occa-
sioned the mission of M.Vost Mier to Vienna. The Ambassador
intended to communicate as early as possible to M. de Chant-
pagny the result of that inquiry.
" In the conference which the undersigned had with the Mi-
nister for Foreign Affairs, be by no means concealed from his Ex-
cellency that the suspicions which he intimated to him in the latter
end of January, relative to the impression which the arming of the
Confederation of the Rhine, &c. must produce, had been partly
realised. He added, that the inexplicable intelligence that had
reached that capital of the assentlaing of sev-ral considerable corps
of French troops in the Bavarian :lutes, of the march of other
corps to the South of Germany and the North of Italy, had in-
duced his Majesty to carry into effect various defensive mtasures
in his dominions. _ _ _

......
" The undersigned accompanied this new proof of his confidence
with expressing his regret at the existeuce of a state of things,
which still corresponded with the solicitude of his illustrious Mas-
ter and of his own wishes, and respecting the eventful effects of
that stye of affairs, upon the friendly relations and engagements
wbkh subsisted between the two courts since the period of the
above-mentioned evacuation of Brannan. Had not the retut nof
M. Von Mier been interrupted by the march of the Freud' co-
lumns pioceeding to Bavaria. a dt lay respecting which the ut der-
signed, some tittle ago, expressed his regret to the Minister for
Foreign Affairs, .he would have been able a day or tco sooner to
communicate to /our Excellency his official assurances of the sole
intentions which his illustrious Master eutertains with regard :0
the Emperor of the French.
" Whilst the undersigned informs yourtxcelleney of his zeal to
tratismit to his Court the note of the Inth of Marta, he was natu-
rally led to recall your attention, in a comparative review, to the
last transaction in which he had exercised his interposition. All
that he can here add, is, that if his Majesty the Eniperar of Atn-
trb, contrary to his wishes, sees, in the movemints that have
taken place since January last, real grounds of uneas!aess, with
respect tea the relations which he was desirous to find still sub-
sisting between himself and ['ranee, he, on his side, has no other
wish titan to see Europe enjoying peace and tranquillity, the fit it
of the blessings which he has been at all times anxious to confet
upon his peo_iiple.
"The unTersigned requests the Minister for Foreign Affairs
to receive the renewed assurattce of his high consideration "
[Here is inserted a copy of the Archduke Charles's letter of the
9th of April, to the Commander in Chief of the Bavarian army. j

• -e
air
STATE PAPERS.
Courluded from Tuesday': STAR.)
No. Vii.
Letter from the Count Vote METTEINICH to the Count
Ds CHALIPAONT
" Sir, l'aris, August 5,1 RCM
" The confidential note which your Excellency did tne the ho-
nour to transmit to me on the 27th of July last, from Toulouse,
reached me on the Ist inst. Whilst occupied in writing in answer
to it, I yesterday received a fresh note, dated 30th July, at flour-
" If the first of thew productions was of a description to make
me atitici 'ate the heartfelt. pain which the Emperor my Mauer
must experience on perusing it, I cannot congratulate myself upon
the manner in which my communications of the 22d of July brat
have been received by his Majesty the Emperor Napoleon. What
painful impressions must be produced in the mind of a sovereign
of so completely a pacific character, so strongly attached to tit*
real interests of his people, and who perseveres stedfastly in that
political career which he found most consistent with his real in-
terests, by questions of such a description as have been addressed
to him from Toulouse. 'Fhe Emperor cannot but lament that so
many proofs of friendship given to France in the most critical mo-
ments, so many direct efforts to enter into the closest bonds of
union with her; that the renewed demonstrations which he had
given of his constant attachment to those principles which imme-
diately tend to promote the union of the Continent, have given
way to the very first impression which reports, invented, kept up,
and augmented by evil-disposed persons, had unalterablymade up-
on a Cabinet, which every calculation must have united to him—
a powerful union, and the only one the principles of which are im-
mutable, because they are founded on the common and reciprocal
interests of both empires.
" The frank and candid expositions, diersied of all the decora-
tions of language, which alone I have deemed worthy of his Ma-
jesty the Emperor Napoleon, have partly Lad the effect which I
expected from them. The reports which were circulated at To-
plitz, Carlsbad, and Egra, are at this moment contradicted, and I
ant free from all uneasiness on that account. Reports, which ori-
einate only in the coffee-houses of Europe. and the momentary
credit which they obtained, most die away of themselves. I need
not remark that these reports are not of Austrian origin. Nine-
tenths of the persons who daily converse in those places areloqua-
cious foreigners, officers who talk of war because they have no in-
terest in the fate of the country of which they are only temporary
inhabitants. If these be the artifices of foreign influence, its feu
bleness is manifested by their being carried into execution only in
such places, and at the 'extremities of the frontiers. His Majesty
the Emperor may assure himself, that nothing of the kind has ally
piece in the councils of the Emperor Francis, and that they are
alike free front the influence of prejudice and passion. The past
must have led him to experience the truth of this assertion,. and
the future will demonstrate it.
" Your Excellency speaks to me of a sort of riot at Trieste.and
the detention of two Couriers in Croatia, facts of Which, till that
moment, I had no knowledge. I should lament them, as I ought
every event that is incompatible with the public repose, and at
variance with those unequivocal relations which ought to subsist
between neighbours and friends, did they not furnish my Court
with a fresh opportunity of demonstrating to his Majesty the Em-
peror Napoleon, that he shall never have occasion to complain
that due reparation has not been made for such occurrences, upon
the same principles which would regulate his awn conduct, .had
they taken place upon his own territory. I pledge myself to your
Excellency, that those who have been guilty of them shall be se-
verely punished. •
" 1 embraced the earliest opportunity of transmitting to Vienna
the late communications from your Excellency. I have trees char-
• ged Count Von Mier with them, not having at the moment a
State Messenger at my disposal. lire consideration which your
Eeeellency has suggested to me,will have little influence in expe-
diting the Emperor's answer. He will find a sufficient motive to
do so in the amiable dispositions which animate him. Their in-
fluence upon his mind is too powerful to permit him to make any
longer delay than is absolutely requisite, in the fresh proofs which
he will give of them to his Majesty the Enver"' of France.
" The confidence which your Excellency so strongly excites in
me, induces me not to conceal from you my anxiety that his Ma-
jesty should postpone, until the return of my courier, the adop-
tion of any measure carculated to attach any credit in the public
opinion to the supposition of an approaching rupture between
France and Austria.
" For the purpose of attaching greater weight to this solkits-
tion, I shall avail myself of the most judicious reflections urged
in your last communication, respecting the impropriety of pro-
eiseetings, which, in opposition to the wishes of the Sovereigns,
their Ministers, and the enlightened individuals of the resrective
countrizs, frequently lead to the greatest of human calamities.—
Let us not excite the hopes of the COM 1110 d enemy by the appear-
ance of attacks, which, in Austria, and in every other quarter,
cannot but have a most unfavourable effect upon the public,who
are ignorant of the real state of the matters in discussion, and
which might represent both Courts in a point of view as much at
variance with the dispositions of the two Emperors as with the
wishes of both nations. I.et us deprive the evil disposed, and the
real instigators of war, of fresh means of attaching suspicion to
both parties. Nothing is more easy, and unfortunately nothing
is more common than to assign particular views to a lire of con-
duct which is in fact nothing but the result of altogether oppo-
site feelirg,.
" Leaving to my illustrious Master the task of more minutely
replying to the propositions of his Majesty the Emperor Napo-
leon, your Excellency may be well assured that I can have no diffi-
culty in completely anticipating the only wish which animates his
bescuu, and consequently the tenor of the orders which I shall re-
ceive."
No. Viii.
Note from the Count De CHAMPIntef to the Count Vert
METTER NMI.
" Paris, March 10, 1809.
" The undersigned Minister for Foreign Affairs has informed
the Empt ror his Master, of the communication made to him by
his Excellency Count Von hletternich, respecting the return of
Court Von Mier, and of the resolution which the Cabinet of
Nienna has adopted, of placing its army upon the war establish-
ment.
"'Phis resolution has given much pain to the Emperor N.s.yo-
!eon. The Armaments of Austria, the unfriendly conduct of her
Ambassadors and Agents at Constantinople and in Bosnia, the
publications which are circulated throuebout the Monarchy, in
such superabundance against France, made his Majesty apprehen-
sive that the English party would acquire influence at Vienna,
and caused hint to determine that his divisions who were march-
ing for Boulogne, Brest, and Toulon, should halt upon the banks
of the Meurth, and the Laone. His Majesty, at the same time,
advised the Princes of the Confederation of the Rhine to hold
themselves in readiness, should it be necessary, that at all events
they might effectually resist any attack that might be made upon
them
" Lut after the declaration made by M. Von Metternich, his
Majesty geve orders for his troops to proceed from the interior
of Fi.auee, to the or heriside of the Rhine, to watch over the safety
of his friends and allies, and that the troops of the latter should
also, without any further delay, be placed upon the war establish-
ment, Armies will thus be opposed to armies, The first inter-
ruption of tranquillity, the first threats and armaments, have come
front the side of Austria. Upon that country it depends to de-
Asinine when this state of things shall terminate.
" As there exists no real difference between the two Courts,
and k• since the Treaty, which was followed by the evacuation of
Branu..ti on the part of the French there has been no sub-
ject cf c.mtroversy between the two Towers, his Majesty is to-
tally at a loss to conceive what object is in view, and with whom
there is any quarrel. But on his side, his wishes are to give to
Ei.rope the tranquillity and repose of peace, and to see his people
I the fruits of those economical arrangements which it would
pieties.%
ti Tha under'-' nett is charged to give an assurance of these
wishe, of your k.,et.lh rev. I regte.t, &e.
(Sicntil) " CHAMP:I.ONY."
No. IX.
Note from the Comte VON Mar tritstacit, to the Count DE
CuA615.56 NY.
P iris, March 12, itino.
" The undersigned Ainhassader of his Majesty the Emperor of
Austria, yestsseuy re -rived the Note which his Excellency the
Minister for Foreign Atrairgi did him the honour to transinit to
him order Zate of the lath inst.st:t.
tt on the slat rt last Jante.ry his Excellency, the IN,Tinister for
Foreign Affairs, imortned the undtrsig!-, d of a letter from his
act imperial
italirriGnijogts‘i ulvt
zoe,s.teul t'Pht 1;1 l';‘ei. erraent?tvi Alr
Itch,
a.thYrt:" u42l:t:* I aanhci;hnd
at: