Star.
London, England, 1815-11-16 00:00:00

him as an escort. The aceused-Was dreisecYin full
uniform, and had a black crape on the left.arm.
The PnEstoarrr—What are the names, the place
of your: birth, and your titles ? •
Marshal Ney spoke as follows :
66 GENTLEMEN-Out of deference to the Marshals
of France and Lieutenant-Generals. I consented to
answer the questions which Mareclial de Camp Count
Grundler addressed tome in their mime ; not wishing
to impede the preparatory proceedings or ;iv-unc-
tions. But now those proceedings appear to be at
an end, and a find myself traduced in the mid-a of a
Tribunal, I Think 1 have a right to abLt tin fiorn
answering questions ; and restraining my opinions, I
shall merely convert them into a formal proposition
of the incompetency of any Council of War to decide
Lipp the criminal process which is instituted against
rue. I therefore declare to the Marshals of France,
and Lieutenant-Generals, whose assembling seems
to me to be the consequence of some new special and
extraordinary power, that without the least want ot
respect to their character and ranic,•or the least %ish
to recriminate any of them, but in order to preserve
the benefit of the exceptions attached to my titles, I
decline the said Council of War, and demand my
transfer before those Judges who are assigned to me
by the 33d and 34th Articles of the Chatter.
66 A stranger 10 judiciary matters, having perso-
nalty no knowledge either of the laws, or at tile mode
of criminal procedure, I expect the indulgence of the
Marshals and Lieutenant-Generals, to allow me to
state the motives which induced me to decline their
interference more at length, by means of my Conn-
gel, M. Berryer, and I demand for him their kind

attention."
The PRESIDENT stated that the Council appreciated
the motives of the Marshal's declining ; but pre-
viously, in order to conform to the law, it was neces-
sary that the identity, the name, surname, &c. of the
individual, should be set forth.
The Marshal having satisfied the Council upon
these points, in the terms above stated, his Advocate
took down the words.
M. BERRYER said—" The first sentiment I expe-
rience in addressing the assemblage within this for.
'guidable inclosure, partakes not more of the soothing
and consolatory Lan of the feelings of confidence
and:security. My eyes are fixed with admiration
and respect on this truly august union of the first
personages of the state, invested with the military
purple, whose names, dear to the country, already
belong to posterity. When the Marshal appeared
sager to present his justifications, in order that he
may return, not only without fear, but without stain
iinto his family, he refused to acknowledge the juris-
I diction of the Council.—What could be the motives
for such temporising ? Could he hope to find else.
whete more just appreciators of his political or mill.
eau conduct ? He should desire to be judged by
his brave Companions in Arms, were he not con-
vinced of their incompetency. I contend, as my first
proposition, that no Council of War. not even a per-
manent Council, is competent to decide upon State
offences ; and that consequently, by a pialty or rea-
soning, you should decline any jurisdicti,n, 1 shall
next establish, that you should decline it, because the
individual accused is a Peer of hance, of.the lull
dignities of which the Marshal is still in possession.
I shall prove, in the third place, that the composition
of your Tribunal is illegal, even hypothcticaliy, and
that no military jurisdiction is invested with a right
to-try Marshal Ney. The imposing authority of the.
Royal Ordinance of the '24th July cannot establish
' your jurisdiction : and on that point I might say
with the Macedonian-.-' Phillip is better instiucted in
points of controversy.' "
The Advocate then developed in regular order his
three propositions. He established, according to the
Constitution, that the Chamber ef l'eers is alone
competent to decide upon crimes.. of high treason,
and of attempts against the safety of the State.
He dissimulated next the objection drawn from
the Royal Ordonnance of the 6th March, which 'p.
Feared to send before the Councils of War all the
adherents of Bonaparte. To provide for the safety
of the State, behold the power reserved to the Sove-
reign ; but it cannot be said, that in order to provide
for it, and still less after having provided for it, he is
at liberty to invert the order of the jurisdictions, or
to create special Judges.
His Majesty has acknowledged that M. de Valette
ought not to be tried by Military 4udges, though lie
was named to appear before them by the Ordinance
of the 24th July.
The Marshal in his quality of a Peer of France, at
the period of his imputed crime, could not be tried
before a Council of War. Of what importance is it
that he has lost that quality of Peer, since Bonaparte
on the 2d of,June conferred upOn him a Peerage of
a different description ?
" The Peers of France have always been tried by
the Court of Peers, which has carefully reserved to
itself that privilege. What a happy promotion ,was
that of Marshal Ney to the Royal Peerage !" ex-
claimed the Advocate, " since bestoe ittg on the
Duke of Elchingen the most conspicuous mark of
his Sovereign's esteem, it tendered him the beoefits
of a better direction, as it placed him in the high
ranks of the Knights on whom there was no stain,
and no reproach. Fatal promotion ! Since the re.
pose of the world again disturbed, Marshal Ney,
surprised, alone, and unable to sustain the storm, has
been so rudely torn from his elevated station, that
his fall is the more terrible. The promotion ails
nevertheless prove useful, since, like to the majestic
vessel on which the thunder has burst, it leas es to
the mariner, lost in an ocean of misery, a plank of
the wreck, without which he might perhaps perish.
Under the third point of view, and as Marshal of
France, the accused has still the right to decline the
authority of the Council. The Marshals are great
dignitaries of the Crown. The King styles them his
cousins—they do not necessarily make a part of the
army. Can they be assimilated to Generals to Chief,
for the trial of whom, the law of fructidot, )ear five,
has established the forms ? These forms are not ap-
plicable to the present case, and on such occasions
we must be careful how we reason by analogy.—
You have (said the Advocate, in conclusion)—you
have to decide on this important question, but to
open under your eyes the holy volume of our liber-
ties, the Charter, where are inscribed the titles cal
Marshal Ney. Your generous consciences will feel
the importance of the deposit confided to thaw.—
Decide."
General GittlN4lA begun bis plcatlinsl nearly as

fell6WS The country, in si state of mourning,
sees with pain this day, enter into the temple of jus-
tice, and place himself amoagst the SICCUSedo one of
her defenders, who a short time since was so glori-
' nosily distinguished. What a fatal result of our po-
litital dissentious ! What a fatal error, which brings
down the arm of the law upon him who ought to be
their firmest support ! In times of 'evolutions, the
crimes or faults to se hich they give rise, are not II
always punished with impartiality and juetice. You
will set the fine example of a military tribunal deli-
berating with tali:mess, amidst the effervescence of
all the passions, cos the fate of an illustrious-culprit.
France and all Ettro...e observe us. We have nit
• yielded to any influence foreign to our duty. We
shall quit this Court with the knowledge that Our
conscience is irreproachable, and without fearing
either their opinion or that of poverity. The Re-
porter is immersed in learned researches as to the
origin and priviieges ef the Peerage, on the origin
and the prerogatives of the Mai she's of France.—
The Chamber of Yeas is, in his eyes, the only tribu-
nal which can judge criminally in the case of a Peer
of France. They have pretended (said he) that a
eulot it should be judged according to the degree or
qte.iity it, which ha was at the moment of bis arresta-
tian. They have concluded, that Marshal Ney,
having ceased to be a l'eer of France, by the mere
tact of his accepting a Peerage limn Bonaparte, has
no right to be tried before the C amber of Peers.—
This opnion appears ue most hazardous. Every •
day individuals, accused of military offences, are
brought before Councils of War, Inc crimes commit-
ted while they were in the at my, though they ha,!
then retired from the service. The decisions of
Councils of War can be differed under the relation
of the form of a Council of Revision. The tribunal,
whatever may be the rank 01 the accused, is always
composed of a Marshal, a President, two colaneis,
two Lieutenant-Colonels, and one Captain. Would
k be consistent to submit to a tribunal so constituted,
a decision made by four Mat shals of France, and by
three Lieutenant-Generals ? The tribunals, which
pronofince in the last resort, should be always of a
superior order ! It remains f..r us to trust-to the in-
telligence and impartiality of the Council, charged
with expounding a point of law which ex-
ample in the annals of our history."
M. JOINVILLE, the Attorney-General, answered all
the objections of the Prisoner's Counsel, and the
Reporter. The competency of the Council appeal ei
to bun to be clearly axed by the Ordottnances of the
6th of March, and the 24ah of July. The Charter
gives to the King the right of taking, under extraor-
dinary circumstances, such measures as shall ensure
the public safety. Tee Decree which decided on the
bringing of Bonaparte and all his criminal 'accom-
plices before the Councils of %Vier, obtained at the
time the universal approbation of the Chambers and
the whole Nation. Marshal Ney should be so pew-
trated when he left Paris. This expession could hot
be effaced from his memory, when some days alter
be incurred the rigour of the Ordonnance, and thus
placed himself beyond the bar of the Constitution. I
demand, therefore, that the objection 'be overruled;
and that you pass to the cuusideration of your judg-
ment.
The Marshal was re-conducted to the Conciergerie.
The Tribunal adjourned to the Council Chamber,
and alter hall an hour's deliberation, pronounced the
following judgment :
41 Tile Council having deliberated on the question,
viz. Whether it was of competent jurisdiction to de-
' chic on the case of Marshal Ney a the Council el War,
by a majority of five voices to two, declares that it is
incompetent to judge Marshal Ney.".
The Court charges Field-Marshal Grundler, the
Reporter, to give notice of this decision to Marshal
Ney.—The Sitting broke up at half past four.
CHAMBER OF DEPUTIES, NOV. 10.

A discussion of some length ensued respecting the
Petition of the Snuff Manufacturers of Bourdeaux.
It had been resolved to remit the Petition, pure and
simple, to the consideration of the Minister. One of
the Members proposed that it should be sent with the
recommendation of the Chamber, while numbers
exclaimed 4. No, No!" On this distinction it was
that the discussion took place. Many Members spoke,
and much contrariety of opinion prevailed. It was
at length put to the vote, when the Chamber decided
the words "'with the recommendation" should not
be inset ted in the Proces Vet hal.
The debate upon the project of law relative to the
Custom duties upon Colonial Produce was then
resumed.
M. MAYNJER GRANDPREZ explained, that his Ma-
jesty's Ministers had proposed the project of law, in
order to render uniform and consistent, as far as re-
spected the duties upon Colonial Produce, the dispo.
salons of the law of the 17th December, 181/, with
those still remaining of the law of the Bth Floreal,
in the year 11, winch treated more especially of the
regulation of .colonial Produce.
In the course of the discussion whickenstied, some
amendments were proposed to the original project,
which in the end were negatived, and the different
articles of the project adopted by the Chamber. The
proposed law, generally, was then agreed to by a
majority of 312 to four votes by the Chamber.
The Deputies then resolved into a Secret Cotb-
, mittee.