Star.
London, England, 1815-08-23 00:00:00

COUNCIL OP REVISION.

DEFINITIVE JUDLINIENT UN C'►LoNItL LABEDOYE.RE.
Last night, and not sooner, the Council of ltevi.
sion was summoned for eight o'clock this morning..
The new Council for the accused were M. de Joly,
Advocate of the Council, and M.lMauguin, Advocate.
The Council itself was composed of Baron de
Couchy, Marcchal de Carnp, two Colonels, and two
Captains: M. Ricard, Commissary Ordonnitent,
performing the functions of the public ministry, made
the clerk read all the former procedure.
The Judge Reporter then observed, that after an
attentive examination of these papers he did not think
there were suilicient grounds for annulling the
judgment.
_ _

_ -
M. MAuGutiv, on the part of Labedoyere, in a
speech of two hours, detailed numerous nullities aris
lag front the incompetency of the Councils Of War
of the First Division in General, sod of the Secogd
Division in particular, and insisted on variotri formal
iiMissions.—" I shall not attempt," he said, " to dis-
Tulpaia my client from all the facts with which he is
charged. Placed in one of those estraprdinary posi-
lions, ftappily so rare in the histoiy of nations and of
4ings, the Monarch had to choose between pardon
and yustice.: This choiceA s been madi, and M.
Labedoyere was brought 're 'you.!" '
~.
In examining, if the Council of War *as regularly

• • •

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konstittited by the Ordonnanee of the King of the
2d of August, M. Mauguin did not
.dissemble that
he broached a delicate question. He reminded the.
Council, that the Court of Appeal of Rennes dared
to declare, that Imperial Decrees. affecting mea-
sures of general interest, Were not obligatory. It is
true that this ariet .was, annulled by the Court of
Caseation, hitt this was in virtue of an equivocal ar-
ticle in the Constitution of the year VIII. which con-
tained oblique dispositions in favour of despotism.
According to the Advocate's system. the natural
Judges of the accused were those of the 7th division.
lie might have been sent before the first division,
because there were no more Councils of War orga-
nized at Grenoble, but the King of himself alone had
not the right to do this, It required sq.ortio Ia n
the Judges of the Court of Caseation, and perhaps
even a I,W emanating from the three legislative
branches.
I, gym supposing thatthe King could legally have
sent the accused before the Permanent Council of
War, how came the Governor of the Division to take
upon him to designate the Second Council instead of
the First ? Was it not the latter which the Cirdon-
nance seemed to indicate by the vagueness of its
expression ?"
Passing afterwards to the nollities of form, M.
Mauguin sought to establish, Ist, That the second
Council of War had contravened the law in not spe-
cifying in its/teem verb/. the time t,f its meeting.

2. That the heating of the witnesses was not re.
gulAr : the sentence does not chew that they were
heard separately s an oath was not exacted from them,
but merely a simple promise to speak the truth. They
have not declared if they were relations or connec-
tions of the accuser.

3. The defence of the accused was not complete :1
it is a matter of public notoriety that he w.ts inter-
rupted in the midst of his discourse : he was not per-
mittrd to justify his intentions, although the tribunals
for the appreciation of crimes are obliged tw examine
not only the fact, but the intention which may render
him culpable.
4. Witnesses in exculpation were refused to be
heard.

Here the President interrupted the Counsel, and
asked if the accused had cited or designmed any wit-
,iesses by same ? M. Mauguin admittcd*that he had

He then pleaded a misnomer. The accused was
named Charles-Angelique Franc 'is, whereas in the
documents he was Galled Charles An schism only.
The most interesting part of the discussion turned
lon the point whether the Ordonnance of the 6:11 of
March was applicable ? The rigorous dispositions of
pia ordrionance seemed to be softened by that of the
13d, and particul.trly by the proclamation which the
King issued from Ciimbrai on the 27th of June, on
his Lite entrance into France. In this proclamation
the King announces his intention of giving np to the
Tribunals only the "authors and instriasors" of, the
hors ible plot which brought Bonaparte back to France.
" The Council has used the vague expressions of
treason and rebellions and k ought to have declared
expressly that Colonel Labedoyere was the author, or
instigator of these crimes." .. 8

M. Rivard, Procurator for the King, refuted all
these nullities seriafia. There was no incompetence,
he said, in the second Council sitting at Paris. A
formal law gives to the Minister of War the right,
when there is no Council established in a Division, to
send the accused before such other Council as he may
think proper. The King, aforriori, has this power.
As to the transfer of the cause to the second Coun-
cil, in preference to the first, Count :Itasca had a
right to do so.
The other nullities did not appear, in the spirit of
the military laws, of sufficient weight to warrant the
reversal of the sentence. He therefore demanded its
confirmation.

The Council retired at twelve o'clock to deliberate.
At one therfollowing judgment was deliveted
" Considering that the second Council pf War was
competent, that the information and instruction were
regularly drawn up and the law well applied, we de-
clare unanimously that the above judgment is con.
firmed, and that it shall have its foil and entire
execution."

[MR THE GAZETTE MICELLE.]
" Loins, &c.

so Wishing to give to our people a new proof of
the desire we have of laying the foundation, in a per-
manent manner, of the institutions which are the
bases of the Constitution we have given, and which
we reg.trd as the best adapted for their happiness :
Convinced that nothing consolidaes more the repose
of States than that iiiheritauce of sentiments which
apaches itself in families to the inheritance of
public functions, and which thus creates an i iina.tci-
r-Upted succession of subjects whose fidelity and devo.
tion to the Prince and the country are perpetuated by
the examples and the principles which they have re-
ceived from their ancestors.
" For these reasons, and, in virtue of the 27th
Article of the Charter,' we have declared as follows :
" Article I. The dignity of Peer Is and shall ctintlnue beredii,
tary, from male to.male, in the order of primogeniture In the
families which now compose our Chamber of Peers.
" Art... The same prerogative is granted to all Peen who
.hall be created hereafter.
" Art. 3. In the case In which the direct line shall fall in the
family of a Peer, we reserve to ourselves the transmission of the
title in tifit collatival line which it sludi please us to designate : in
which case the Pew, thus substituted,• shall enjoy the rink in
risme of the asslquity of cite peerage with which he is invested.
" An. 4. for the ezeestlewof the above article, there shall

, ,

Immediately be presented to us ut Ordotmanee eontalnlnf the oc•
ceilary regulations, etc.
". Art. S. The letters patent fee sub Peer shall also et:lamb)
him t4e title ander which he is to sit.
" Art. 6. These tides shall be those of Baroit, Viscount, Coup,
Marquis, and Duke.

Arti 7. We reserve to ourselves during pleasure, the prisi.
lege of giving higher titles than those -origlnalit granted to ail
Peer. (Signed) " Laois.

" Mae st Pas. August 19."

The same official Paper contains an Ordinance,
ratifying all transactions. made between the User.
per's Government and individuals for the supply
of ammunition and provisions to the rebel army. and
ordering payment accordingly.
The affair of Labedoyete is thus duly recorded is
the s.tme paper Colonel Lebeduyere has been
condemned to capital punishruest by the Second
Council of War. of the First Military Division. TL
sentence has been confirmed by the Council of Rev:-
sior ; and Colonel Labadoyere suffered death at !.r
o'clock of the evening of this day."

COURUpt CXTRAORDIAAILY Of SUNDAY MO4KING.
The Allied troops who had arrived is the envilon:
of Besancon have been withdrawn.
Yesterday evening wren Ltbedoyere had arriv.
n the spot destined for his execution, he thrrry hin -
self on his knees, and received the bened:ction of th.:
confessor who bad accompankd him. He a f terw2
rose, and without waiting unta they should bands.!.,
his eyes, be exhibited his breast to the vrterans,
were appointed to shoot him, and exchimed, 7;:i.:
cure you dint mit: one I" An instant atterwards he
no more.

The cavalry the army of the Loire will take n 1
cantonments is the department of the Tarn a•

GAronne.

Ti;is army, which ha; preserved to France .50'.1
pieces of artillery with their horses, sfas, at cm
ment of its dissolution, tit::, 000 strung.

pn•ch and Germin PApers were received 1-st
night. They contain various private letters,
teii as frcm Paris, in which the procce,iirils of
the Allies and of the French Government are cEs.
cussed y.ith a degree of freedom th it can only be
equalled in England. These letters state, that in
ci,nseqtrnce of the Krxo's solicitation, 550,000 rrea
who were advancing, bad received orders t> suspead
their march ; hut that the Allied Sovereigns hav;3g
changed their mind, not only these troops, but new
levies were to be brought into France. Attu no-
ticing the two fresh Prussian levies, they mention the
advance on the south of the army of General BtaNcni
from Naples, consisting of 60,000, and ready to pars
the frontiers and occupy the provinces which Frt:-
asoNT's army quits to gu further south i that 10,0GJ
of the litter army will proceed to Nismess where the
Prefect named try the KING had bean forced by tbe
turbulent so take bia departure three days after his
arrival.

One of these letters states several facts respecting
Lasenortitt which have not appeared in the French
Papers that even since the return of the KiNg be
was engage' in a plot with two of BONAVARTE'S bro.
thers and their followets to carry off the KING. For
this purpose some of the National Guards wen. to
have been bribed to seize the persons of the KUNO
his family, to put them into two carriages, aild cm.
vey them to the Castle of Vincennes. The Governor
of that Castle finding, from certain advances made
to Lim by the conspirators, that some dangerous pit
was on foot, pretended to enter into their views, ‘11;
tamed the secret, engaged to take care of the p..
toners, &c. In the mean ti:ne he gave inforri,ati,n
to Foutsis, who instructed him how to act, and !a;
plot was frustrated. The Kw() has rew irded
(;,)vernor with the appointment of the Cylvcrazn of
Invalids.

Speaking of the conduct of the Atha, one of axes:
letters contains the toll.,witig remark.:
" What every one expected respecting the future,
who founded their opinion on the past, has putty
taken phice. The half.measures of the Allics h..ve
sunk the triumph of their having twice taken Pb.as
One half of the victory of Waterloo is already thrown
away, and Fouche is very busy about the other
and hypes before the month is at an end to be fully
master of it. He holds the reins of the Government
of the World ; his diplomatic compeer has mounted
the fore horse of the carriage, and be will overturn
its contents into the mit bog.
44 :The arrival of DelrOttst in Paris has 'been an-
nounced, and he (the Generalissimo) is "lone want•
ing to. complete the trio, that they may form a Council
of War, and decide how they can best employ th 7
12,000 oflcers who are running about here, and the
federes and the mob ; and to arrange when it will b
time for the Generals (whom they have for the pre
sent sant three days journey from P.tri;) to return.
" 131 th. in Paris and in the country several of our
officers have .been shot or knocked on the head : tl„;
is not nariced in the French Papers; but if a poet
devil of our people happens to be a little restive, .1
most horrible cry is raised, and he is condemned with-
out mercy because he has offended this sisiaik people°

WINDSOR, AUGUST 22.—.-Yestarday being the mini•
vervary of the Duke of Caaataatoes Birthday, he*
MAJESTY gave a grand entertainment, at which we
present most of the. Royal Fatly and sevelA of th•
Nobility ; the REGENT sent an apology f-r h:i As
sence. The New Theatre was opened in the evic
having been previously inspected by the Q.o.r.s::
the PItINCgSSES.
Monday and yesterday Lord Stnatovrir
ences of the pIitINCE REGENT, at CaritonliG„sc
The Earl of Livtotrool. had a long audit:-.:
REGENT yesterday.
Cotta EXCHANGE, AUGUST 23.—W0 had
tional arrival of Wheat this morning from •
and the quantity left unsold on Mooday.bei.
made together a considerable supply. but •,.
was disposed of, having but sew • buyers,.
prices may be considered the. same as on N.
Barley is heavy sale, and is. per quarter
In Beans, Peas, and Oats, there ta no alter
the close of Monday's Market, the Mealr
to-reduce the price of Flolif ss. p r sack;
• I

THE .IR Arr.

In the late sanguinary ongurittigh. ts. under our
moerjous WELLINGTON, IL greater fattinber of Gene.
-ls acre killed and wounded than in.any action that
r 435 occurred during the war. The services of . each
,tar l,eaccurately estimated by a reference to Mr.
t)Aitim att's Military
Calendar, which contains the see.
.ices vf all General Officers from their first (atm=
n) tlx Army*
GeserJl Order has been issued from the War.
Olin, directing that the Cap now in use by the In.
:aotry
of the Army, shall be discontinued, and ano-
iier Cap adopted.
The sentence 1)f the Court. Martial upon the Hon.
olonel Muwent, has been sent over from Dublin,
or the approbation of the PRINCE REGENT. The
-01 lasted 26 days.
• Our Atmy at Paris is daily joined bay parties of
.hose brave men who were wounded at Waterloo :
he first division of the Canadian army, amounting to
'don men, arrived at Paris on the 11th instant. At
he late review of the Duke of WELLINCIPON'S army,:
,t 3,000 men %tyre under arms, with 107 pieces of ar-
,N.T. Is aid 24-pounders, and large parks of
ordnance.
-Saturday sernsight, the depot of the 42d Regiment
wrche,l into Perth, to remain in barracks ; and that
,c the 9.2,1, on their way to Aberdeen. The 42d,
la, anJ Perth Militia, are now in Perth Barracks.
FRENCH EAGLE&
To TUE Entron—ln consequent* of a paracriPhy
,:trued with the initials N. M. which appeared in the
STAR of the Bth instant, respecting the capture of the
French Eagles, by the Brigade of the late Major.
General Sir W/LLIAII PONSOKBY, at the battle of
Waterlon, ele Officers of the Royals and Grey think
it necessary to have the followiog particulars stated
drcLre that while hi c 11=1 of the centre squadron of
'loyal Dear secs, at the battle of Waterloo, I stabbed an
0• , esi r) erg an Eagle, who immediately fell, with-the Eagle
tus,ch. 4 the horse of Corporal HYLLS, of the same squadron,
%Om : e:dered to carry the Eagle and colour attached, to the
fr.2,11/'tich the Corporal did, to the house of his Grace the Duke
of rELLINGTON, at Brosls, taking a receipt for the same, and
Orb receipt is r.cw in posse sion of the Commanding °niece
s. the Perim' t. (Signed) •" A. K. CLAIM'
Ream Aug. 14, 1A 5. Captain Ist or Itoy.ft Dragisons."
" I declare t:iat I was in the right squadron of the Greys at the
h?tle of Waterluo, at. I that. l tut down an Officer carrying an
c.h I entries! to lirussels, where I delivered it to the
4., Coluucl I u N ts, by whom it was given to the Duke
it W 1.1.11Nn ros:. (Sigacd) " CUAItLES EWAtT,
hear:!, April 14.,Isis.1sis. Serpent Ed Dragoous or Greys."
A private listter from Paris, dated Augus 16, rtys
..It has been disputed that the colour taken on the
.1: :1 :ur,. by Captain KELLY, of the 28th Regiment;
is ix a regimental standard, but upon reference to.
tee French Officer*, they themselves have admitted
it to be s Such reginients as had not received their
e‘ele since BONAPARTL'S returti;carried these colours,
victim, t" all put poses the capture is the saute as an
It was in the first conflict in that memorable
La:rit that Captain KELLY had the good fortune to
seise the staff, when a massive column of the enemy
snicked Sir Dona PACK'S brigade. The High.
leder' repulsed. them immediately ; they then fell.
upon Sir PHILIP BaLsou's brigade, where they shared
the same fate. The Greys and Royal Dragoons then
erne up, and completed what the infantry bad begun.
They then charged most vigorously, and took the
ea; le. Captain KELLY seized the colour, assisted by
a private of the 28th regiment, who was killed upon
the spot.
UTEACT FROM A LETTER FROM AN 01PFICER OF THE

tIFTII DIVISInNt DATED PAUIS, AUGUST 9.
" Y;:u'would observe a paragraph in the Edinburgh
C;rresiondeni regarding the action of the 16th of
June, which ran thus-' The 79th Regiment was
laying down in a field of corn, and was surprized
by
a Regiment al French Cuirassiers, who cut them to
rivets, with the exception of forty-five men and two
ViHcers, when the brave 42d came up to their sup-
ort, and with their usual gallantry charged and cut
down every Cuirassier, not leaving a man to tell the
tale!' What a pity it is that not a man is left to tell
the tale; t r so far as it has been unfolded, j is cer-
tainly a tragic one, and, if tastefully not up, after
the style of Too numb and the Giant Killer, would
certainly afford considerable amusement to a High•
land audience. This valuurous conduct of the 42d,

....._ _.__....... ......_
in preserving the lives of forty-five men and two_ol- i
ricers of the 79th Regintent, will no doubt tend to
tilikar them to their clansmen, but it must only be
tie ignvirant part o: them who could swallow such a
/0.4 e. It is a very common thing for cavalry to charge
it:fat:try, but very rare indeed for infantry to charge
emir). This is, however, one, and I believe the
linty i,lstance of it, and I am glad that it has been
terbrmed by a Highland Regiment. The 4211 is a
1, very lair Regiment, although nothing to boast of;
" .::id notaiihstaiding all • its valorwees esker the tale
L. been nearly reversed, and the undeniable truth
i.;:iis: tl.e 79th was frequently threatened by cavalry.
..I as often formed solid agnate vr receive them ;
';..aced the Regiment was latterly obliged to remain
a. I move in square, hut never Was actually ch.irged
in cavalry of any description. On the other band,
c i. 42d sua: ad/triad by a French regiment of Cui-
ra.icrs Crerhars the some which had butchered the
Crpo 79iii) which thry mistook for *Belgic cavalry,
au ;illowed them to a; proach so near to them. that
before thry could rot m square they were upon them,.
and tlity btst know themselves what loss they sus-
tained in vinseqnence. The Zlth and 79th Rep; -
mews shortly alter mored to the right, where the
attion had Income more gencrAl than .at the corn-
roencement, and occupied the ground where the
CiPirassisrs bon succeeded in breaking some, other
P. egiment:- Wrote, the complete reversion of the fact,
,t most appear evident that the above paragraph has
leen inserted with the sole intention of depreciating
'..e merits of the one Regiment to enhance those,of
• t.- other.

" Frem the many paragraphs tal►ich have lately
'?geared in some of .the Scotch papers, and which
.dily contained nothing but downright falrehoods
qattittig the ateli:evements of the 42d Regiment;
I,rie Would ahnogt conclude that the Editors of those
tA?ers were in daily .r.ectipt of something for prim
•r't old National Regiments, but whatever good
xt that may have on people at home, who have
an opptxtat►ity of ascertaining every fact, it has
n'Y had oge with' the army in general, but most
^alarly wish those Regiments in the same Bri-
- and Division, •
• The Correspondent should have some little regard
;..celings of the friends at home of those Regi-
us which it butchers in a foreign country