The Statesman.
London, England, 1818-07-18 00:00:00

TT-*t

TREATMENT or MR. frAIRAR4 BONA-
Itl'E't PHYSICIAN.
ton' 431? MR, O'MEARA'S LETTER TO Eft
BLOWN LOWE. •
• " Isiusgwood, April 18, 1818.
" Stß,—For ten month your Excellency has se-
feral times manifested to me intentions to subject me
to the sans* restrictions as the. French prisoners, to
which I have always refused to consent : and I must
beg leave now to state, that your Excellency has not
the right to do so, as Napoleon Bonaparte is not
considered as a Prisotter of War, others ise than by
virtue of an Act of Parliament; and the other French
(not even the domestics) sre not named in the Bill.
and could not be subjected to the restrictions which
have been imposed upon them, if they had not given
their consent by a written engagement, the effect of
which ceases at the moment of their option, as is
clearly shown by -the recent departure of General
Gourgaud ; thetefore still stronger reasons esiat that
an English subject cannot be submitted to such te-
striciions without a special and written consent on his
part, to which I have alwa)s protested, sod protest
will never agree to, as it would be aigning the dis-
honour of the naval uniform, and w fluid inevitably
draw down upon me the contempt of the brother
Officers with whom I have the honour to serve,—
Therefore, in the natural state of things, neither your
Excellency nor any other authotity can subject me
to restrictions contrary to the rights of an Officer,
and the laws of England.
" I have also had the honour to observe to you,
that independent of the general guaraittee of she
laws, I had provided a private one its the “ipoietiong
which I had made in 1815, when Admiral Lord
Keith, then commanding the Channel Fleet, its cons..
(lONICS of the request made to him by Count Bertrand
that I should be attached to Napoleon, as iorgeon,

in place of the French Surgeon whom the English
Government had permitted to accompany him. au-
thorized me to (10 go, 1 begged of his Lordship to kive
me an Older in writing, w bids he declined doing.
66 I recollect perfectly well his answer, which
was—' It is not in my power to order you to accept
of it, as it is out of the naval service, and is a business
altogether extraordinary, and must he voluntary on
your part ; hut I, as Commander-W.onel', will au-
thorise you to accept of it, and 1 *Arise you
most strongly to do so, as I am canonical' the G.►
vernment will be obliged to you, and it is a situa-
tion which may, with propriety and honour, net held
by an Englishman.' . it we. impossible for
110 i to follow the advice of such a distinguished
Officer, nrvertheless I made some slipUittioo4. viz.
that 1 should be at liberty la resign, should 1 find
the situation not to be enna••nsn! In ron wtsl►ea;
that I should be borne upon the N ivy ictst in my
rank as Surgeon, with my time going on ; that
should not be paid or Coillkldered as dependant t►p.rn
N41.01(.011 Bonaparte, hut 114 a B•itis;r Officer (41111
enn6;equently not anhjert to any r•sttu•tin:o.
upon French prisoners); and I have repeatedly had
the honour, verbally, to 4,SVPS4 to )0.1, that s•inne•
than consent to allow my righta ad an Knglis•t
Office♦ to be violated, I would prefer giving is; my
resignation ; and as you appeared to he struck with
my obser►ations and the stipolatiosta witieh I had
made with the Lords Crmmissioners of the
Atimi-
'rally. I therefore concluded that )ou had give,* up
all idea of putting them in execution. When, on she
iltth of this month, I received kW rUCI fon4 Contrary
to my natural rights, the stipulations 1 had made,
ind protestations which I frequently made to your-
self, which you caused to he sent to me, I imme-
diately comprehended that it was merely a way of
obliging me to quit Longwood. Delicscy, my duties
es a medical man, and humanity, alike ordained
that, prior to quitting, I should acquaint Napoleon
Bonaparte with my iiitention, and 1 did so.
66 In neither the Army nor Navy is it the custom,
when an► Officer is desirous to resign, for him to
first consult his Royal Highness the Doke of Yink,
or the First Lord of the Admiralty, rourl►in; the
Irr••priety or otherwise of his (1 trig so, the resigna-
tion tendered direct through the proper channel is
always the first intentio•t : therefore in sending my
resignation to your Excellency without first consult.
in; you. I was only acting according to the esta-
blished customs of both setvicea.
•t In writing the letter to Count Bertrand I have
not violated the respect which I owe to your Excel.
lencv, as Head of the Government, as the question
contained in it has been frequently agitated before.
I have not violated the Act of Parliament, er any
w cities; restriction emanating from you. An in.
habitant of Longwood, I have not been subjected to
the restrictions imposed upon the inhabitants of the
Island either with respect to passes, as I live in the
house ; or as to communications, because for near
three years communications daily and nightly, ver-
bally and in writing, have taken place between us.
There is not a day passes that I do nut see the
French several times, very frequently by night, and
not a week that I do not make written commonly'.
lions to both the masters and the servants upon me-
dical and other subjects pertaining to physic.
•• I have not violated any written instructions, be-
cense I have never received any positive prohibition
restraining the nature of my communications. In
all the restriction,' there was always a latitude, a
kind of discretional power allowed me, by stating.
• that I was not ordered not to reply to Napoleon
Bonaparte, or to any of his family, on any other subject
not medical ; that if I did so, the reaponsibility must
rest upon myself ; that I had not his authority for
doing so.' forfeit& had a positive prohibition been
given, to comply with it is evidently impracticable
for any person in my situation ; and as to the re-
sponsibility, I am content to hear the whole of it.
•• Wheu frequently required to art in a manner
which I conceived to be incompatittle with my feel-
ings and profession, and dishonourable In me, I have
had the honour to demand clear anti positive instroc.
lions in writing, in order that I might study, medi-
tate upon, and execute them punctually; or, if I
found any thing in them contrary to my conscience,
to give in my resignation : I have never had any
except tech as were worded in the manner I have
described above.
" some months I have been made to lead a_
most wretched life by your Excellency's obliging me
to proceed to your house twice a week, reviling me 4
turning me out of doors in a most ignomitsiotts mans
net, once, united, ha/103 esperieuced every thieg ez-

ceps pprsonat riotouce, nienscord by-onfinbe sml4e.ite
beca•se I. did not choose to comply *itb verbal lusi-

nuallollll.
" II is tint for me, Sir, to pretend to remilin in
the situation against ) o‘ir sill, boo Instead Of re- I
ceiving orders to that elf.ct from the Right Bon. '
the Lords Commissioners of the Addilrafty. Meant
are taken to oblige me to quit by attacks opon my
tights anti personal liberty, and for several days I
have been Oppressed, ,humiliated, sod dislttiouttl;
dishonoured .as much as an Officer ran be by an
arbitrary act, and rendered by isidignsti nearly
Incapable of exercising my calling. I haves there.
fore, Sir, the honour to demand. from your
Excellency-Ist, Either the rescinding of your di.
rections of the 10th of this month, and the privilege
of exercising my functions at liongwond as I here
' done for n.ar three years-.-. 2,1, Or to seePilt the
resignation which I wrote as soon is I found that I
was assimilated to the French prisoners, and to allow
me to proceed to England-3d. Or, if it is asserted
that I have commif trd a crime, either in writing the
encloeed letter to Count Bertrand, or by having done
any thing else which I am ignorant of, and which
your Excellency has not thooght proper to cm/multi.
weir) me, or of not having complied with verbal
and obscure directions, or of baring in any wise
sinister, the Act of Parliament, I demand to bas ac-
cording to the provisions of that Act, transferred to
England for trial before a competent Court, I fur.
ther protest against any longer delPtlooll in the stair of
.1 oppression in whirl, I um, which by rendering me
capable of following my profesyinnal avocations,
necessitates my being speedily ,e las eel at Looge.md ;
and I appeal to the justice of the 'tight tionouranie
Ike Lords Commissioners of the Admiralty against
the violation of the teems under which I accepted the.
situation.

66 I bay, the honour to he Sir,
%cob on11~~.,r0..p0rt,
" Your Excellent' s m 'the bent humbleSetvant,
"H. teNILAit A. lur!,o Ititt.tlNessy.
"Tu hie Excel', .‘ I i . . I.ueuo LIM C,

s..

•
SiAttl'SORD. ANAISIRS. Arty .0:
this day th. H.rintaCitc•.it coarnlrnre a'
before hi, J.isttee Abdul.. id the Niti Croutt,,
and Mr. Serjeasit farts in the Croon 4.iltutv•, 44-•1.15
annohneed WI) in I a. l'orwrotrat the
down would lend hie shpt .valseillice on the Goolkisi
in the event of Lord Eiletib.oenegh being ultra) •rd
'lmmo the laborious dude. of Id. Mitre l and meter
was the representative of a Judge forfeited in a noun:
her mute dowering Ind hnirtourabio 4r* his tOhliiills• or
Inure justly expreasite of the eationviott id _which the
charactet of in. man is held by all it:WM-of the
community.
taihipr:
In the Prius Court the number'nf Oahe boa
Hired for trial wa• IS, and in the Cci.tan CouaLihn
Calendar presented but 19 eases, few tki
chaacterised by criminal attack),ii monde:it
h tatied
Cltti VW ‘' •
The ease of the greatest -am" rent enormity-4sta.;
firmed in the Calendar was the 14.11•
John Pousil was indicted foe o.danfully and ma:
liciously killing. maiming; or wolf oling serest lambs,
the'property of Joseph fount4in, of Uushey.andge,
iu this courtly, on the '2oth of March Nat:
Mr. A DOLellt/4 COitti•Cleti the prosecution, and
Mr. A luaus the (1-fence; • d urn. the examination
of the proofs adduced in support of the ittosecurion4
the Jury, under the 1.0-trued Judge's direttioh, found
the Priaotter—Nof Guilty
W.lliurnSharpe oas indicted lie felohittellly breaks
ill nti•l of Thomas ii:ogforrii at Bark way
en the 9th of May fast, and stealing therefrom' •
bushels of aloe/en dour, the propetty of the Prose:
color.
T!.. Prianner's guilt was substantiated prinelpall
by his nun voluntary conreSvion, god ti.e Jury film
him indly•—lie was strooenced to tone jest's itopti
antithetic in the House of Co. rectioo: '
CIVIL etisy.-Jtmclii
OREAciI iitiOAIISE MAIIRIAnkt
liAwburra v CAUSTON.
ris was an action •gatitst the Defendant' for
breach of promise sit mart iage *A the Plain iff, at
'the case, which was idiot it; a Special Jury, even,
lertiversal intetest fin,., its peculiar circunistancori.--.1,
'The damages were laid at 50(101. •
The Plaintiff's case was concluded by Mi. Cuttl
'end Mr. CHITTY.
The leading citCurtistentes proved in evidence K.
these :—The Plaintiff, who oas represented to
you. g I.dy of great personal attractions, sing.
soda tolity of dispositiou, end possesaing an ac.
• plishel and 4 ell-culfiv4ted mind, is the oloo.ore,
a respectable trail...twin iesiding at Ilitlield, in
County ; and this Defendant is a Gentleman of it
'prudent fortune, lately retired from the nitsittem
it Printer, which he retried on in Finch-lane, Cos
'hill. The parties are Mao cousins by mite'
side; and in the year 18" 0, the Defendant,
shout 30 Yeats df ego. and the Plaitir:ll shout
commenced his courtship, It ;sing kii..nto each to
'from the culiert infancy. Fran. Ott time tine,
ihe month of May, 1817, a st.luddia..os
correspondence was carried on be weed them,
Defendant professing throughout the *hole
most devoted and tender attachment tones&
Plaintiff, whose language, in reply, evinced bit
part the wartme,l reciprocity of affection. The ,
feittlant's prtimise'of marriage, relied upon in
Plaintiff's case, was expressed in these Wins:-'t
• or ill marry yon as Stints as circumstances will pert
It appeared that-the Defendant's family were seri
to the match, and took every 'Decision to dit-oure
the connexion, imputing the regard of the PIO'
towards the Defendant to sinister motives, The
fendant had gone the length of proposing to ma'
the Plaintiff in private, to which she consented
al hough•the wedding-ring had been purthased,
the licence obtained, and the half-brother ache P 1,.,
tiff had consented to give her swab the contract
never fulfilled. This intimacy continued davit
May, 1817, whets the Defendant wrote to the pi,
tiff, announcing that the best mode of teribinr
the anxious suspense which she had always ',pressed
was to break off the connexion, and think no .
of matrimony ; and he Isehmitted the proposition
her deliberate judgment, declaring his owls inter
of breaking off the match. The Defendant's
was then living, the former being in partnership
the latter as printers, with a very profitable
TIM. In consequence of the De'fendant's deter.
lion to break his promise, Mr. Palmeri a protest
friend of the Plaintiff's family, was consulted,
at first he wrote a friendly letter to the Defend.
conjuring him to consider again of his rash deters
nation; but this letter having no effect, the proem
action was brought. Since the commencement
legal proceeditiga, the Defendant's father died,
log him in possession of real and personal pro,
estimated et 20,0001. These were the principal .
camstances proved in evidence, the main ground
the case being substantiated by a volume -'
Defendant's letters.
Mr. Serjeant TODDY, with whom was Mr. CI
addressed the Jury with considerable loge's'
eloquence in mitigation of damages.
Mr. Justice AirlsoT summed up the chest
a the case with great minuteness and importialir
The Jury retired fat about an hour. and on
.return, found a vetdict for the Plaintiff--rDaroagoe,
Four Thousand Puunde. •
r
NORVIERN f://tCIJ/1' ASS/ZE.9.
Jute 15.
'the twos:ledges appointed for this Circuit
Weir Commission here on Saterdey last. On
day they proceeded tb 'business; Mr. Justice
%BY in the Crown emits -tad Mr. Barest W,
die Nisi Pries.
CltOwla COURT.
The Calendar Consists Of only 9S Prisoners
Castle, and 4' Prisoners its the City Jail. Of
have been already tried. A considerable
were convicted of theft, end were condemned
riots, periods of imprisonment, according to
filly of their criminality. Three were convict.
111114.1111loghter 1 seven were consented of burglatieve—
tietence is not yet passed on them; nor on
convict for hoeseottealing. Three were acquit
Parhsps the case of the test Prisoner tiled '
was the most extraordinary. •
se ell.drresed,
William Smith • aged 39, *tali,
spactable-looking man, was charged with
vo sheep at Claatap. The widest' tot the

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