The Statesman.
London, England, 1809-11-21 00:00:00

STATESMAN

,

tlon of his claim, suspicion was excited at the
Post.otfice, and particulars were taken of the di.
rections of all the letters sent to his office for a
I whole quarter of a year, and his claims for those
which he said he had, not received the postage
of ons account of having sent them to other post.
offices, where the postage was reteived, was.
checked by this entry, when it was found that he
claimed this allowance for many letters which had
never been seat to him at all; upon which this
prosecution was instituted, and he suffered judg.
moat to pass by default.
The Defendant's affidavit stated his condition
ha life. That he became concerned at Wells in
the business of a silk.throwster, in which be had
embarked 50001. but owing to his want of know.
ledge and skill in that business, he sustained se.
vcral losses, to which his attention to the Post
Office had contributed, his losses having on that
account alone been 2501. That if he should be
deprived of the means of superintending his bust.
eels himself, he must sell it, on which occasion
there would be a lons of between two and 30001.
which would be the absolute ruin of himself and
family, consisting of a wife and four children.—
That he was advanced in years above sixty, and,
before this unfortunate error, had borne an irre.
proachable character, and‘was esteemed by all his
J neighbours.

The ATTOZNIT GaiSICAL regretted that the
Court had to pronounce, on this Dsfendant, the
sentence which they would find it their duty to
pronounce. What he stated of himself is his aft.
davit was very true ; he had, until this offence of
his was discovered, preserved a very fair charac-
ter in the world, which made it the more to be
lamented that he should have forfeited that charac-
ter ' • but the fraud which he had committed was a
crime very serious in Its effect to the public ; and
that the more so, on account of the difficulty of
detecting it, for letters were sent from the Gene.
ral Post.office, to the different Post-offices in the
country, and the postage on them was marked
here, and only the whole amount taken of the
postage, and thus charged to the different De-
puty Postmasters in the couutry ; to enter rei.
noel/ the direction of every one of these letters
would not only be tedious, but impracticable.—
It had been done, however, in this case, or de.
teettoo would have been impossible. Under these
circumstances, be apprehended that the Court
would feel that public justice had in this case a
elates, which could not be satisfied by a slight
punisheseat.
Mr. Asso.r, oa the NM side, observed, that
although the amount of the money of which the
Defendant appeared to have defrauded the peblie
was but small (between three and four pounds, he
believed), yet it mast be remembered, that the
sthZale revenue of the Post-office was made up of
small sums.

Hr. Bunaonens addressed the Court in mitiga-
tion of punishment, and observed Upon the age,
condition, and character of the Defendant. He
had sot pet the pshffe to the expence of a trial,
bat had suffered judgement to pass bi• default.
Sometimes the Court round itself under the ne-
cessity of passing a rigid sentence on persons
guilty of a inisdemea on account of the
frequency with which they were committed ; but
it was so far from being the case here, that this,
he believed, was the only instance in which the
offence had occurred since Lird Ellenboiroisgli
had been on the Bench. If, therefore, it was
necessary to be severe on account of crimes bving
frequently committed, it seemed to follow that
lenity might be shown where they were mere-
spout. He knew very well, that public justice
must harp awards made in cases of this kind, but
their Lordships would look to all the circum-
stances of. this case ; and he trusted they would
he able to reconcile it with their public duty, to
prutiuuuce on this linfortunate man, such a punish-
ment as might not end in his ruin.
Mr. Justice La llhatic then proceeded to pro.
uounce the judgment of the Court, and after re.
capitulating the circumstances of it, proceeded to
observe, it was an aggravation of the offence,
that the Defendant had sworn that this fraudulent
account of his was true, thereby defeating en-
tirely the purpose which the legislature had in
view when it framed the oath to be taken on
these occasions, which was intended to give to
the public security against frauds, by binding the
consciences of men. In apportioning punish-
molt fur an offence like this, it was unnecessary
to advert to the circumstances of the crime being
frequently, or seldum committed, because the
Court dibcovered features in this cue, which
made it impossible fur it, consistently with. its
duty to the public, to pass over such en offence
as this with a light punishment, it would be en.
couraging fraud and ruining the revenue to do
so. At the same time they had adverted to the
geed character which, up to this time, the Di..
fondant had preserved. They find considered
how far the sentence which this crime deserved
might operate to drive the defendant out of so-
duty, which would be the effect of renderiug
him Infassidus by-punishment (the pillory, were.
note, was here alluded to) ; but the Court must
take care to pronounce such a judgment as
would not only operate on the mind of the de.
fondant, bat on the public mind also, that they
sight see what must be the lot of every one who
should hereafter stand in the situation in which
the Defendant did. The sentence of the Court
upon hien was—That he dO pay to the King a fine
of 2001.—that he be imprisoned in his Majesty's
gaol 'of Newgate fur 18 calendar months, and
that ho be further imprisoned until such fine be

Paid- . _
-.ow—
COCKPIT, WHITEHALL, Nov. 213.

Before the Most Noble and Right lion. the
Lords Commissioners of Appeals in Prise Causes.
Atalanta, Klein, master.—This ship, under
Bremen colours, laden with sager, coffee, and
•ace, bound from thelsle of France to Bremen,
was captured on the 14th of Jail, 1807, by the
Argo privateer, John Bader, Commander. It
appeared that the ship had taken on board, at the
Isle of France, dispatches from the French Go-
vernor, addressed to the Minister of Marine, at
Paris, which were, at the time of capture, con-
cealed in a chest of tea. Tbb was t►e ground of

conliscatioa is the High Coot of Admiralty,
from which sentence is appeal was proseeetod.—
Their Lordships deferred kedipmeet till Rest Court
day. ..11 •

MILITARY SYSTEM(.

TO THE EDITOR OF THE STATESMAN.
lirlowl, Nor. 7, 1109.
___

Sta—There is a strong appeal to be made on
the meeting .f the Imperial Parliament in Wiser
of the °Seen of the Line ; and we wish this to
obtain publicity through the channel of your
Paper : the following are the outline* :...'
The public at large appear to tite highly inte-
rested in doing jusdce.to these brave and old (sli-
cers of the line of all ranks, who have not had
their regular promotion, and who have been laid
aside, because the nurslings of Ptivrer see to be
'provided fur. For this purpose an inquiry is to
take place at the meeting of Parliament, conduct.
ed by one of the ablest Statesmen in the Empire*
the force of whose powers will Aasb conviction to
the present Military Rulers; he Will unfold a tale
that will astonish even Corruption, blagtiii4
where it smiles, because it weakens the nerves of
Government.

Here follow, a statement of British Regiments
enjoyed by Princes of thoillood,. Officers of the
Guards, and the Commander in Chief.
Regiment.
The Prince of Wales, the 10th Light Dragoons
The Doke of Combed/aid, the iLth do. do 1
The Doke of York, the ha Regiment of (:cards,
dm battalions. mad Calomel 4.Chief of six batta-
lions of the WO mimes* 9
The Poke of Cvtridge,, the two battalions .of
Roar*, and Colonel lia.Chkt of 17 battalions of
foreign troops
The Mato( Gloucester, two battalions of Guards 2
• The Doke of Kent, 4 Yu: .
Italian' of the Scots Ro3als
with the iterative Government of Gibraltar 4
Forty-twn ()Seen. who have smed in the Guards,
who have obtained regiments in the line 44
The Commander in Chief, the Scots Greys' and Co-
lonel In Chief of three battalion of the 95th, and
the Government of Chelsea

To this number if we add the Peers and Mi;n-
bers of Parliament who have cavalry regiments
and regiments of the line, what is left for those
glorious men who have bled and toiled for their
country-for forty, fifty, and si:ty years, in every
section of the globe ? Oh, fie upon it ! Oh, fie
upon it !!! Is this the way to iusnie success to
eur great empire ? It is privately stated, that mi-
litary patronage is in the hands of four families, a
Commander and his late aid. Instead of adding
vigour to our military energies and councils, you
resort to imbecility, iitfirmity, and dotage, which
has been aided by a lute cold, miserable calculator,
whose wretched mind is only .tretchtil to his own
sordid views, in calculating on African contingen-
cies, Chelsea acres, and bow to make the most of
the Commissariat deparrmast.
However it may afford great consolation to Ad.
ministration, that so much power and emolument
is placed in the hands of the Princes of- the Blood,
and the Officers of the Gnards, it is a subject of
tie most serious lamentation that the experienced
warriors who hive served in every quarter of the
globe are laid aside. But to the old Lieutenant-
Generals, whose claims they%cannot ged rid of,
Government appoint them to invalid baltaliung,
with the miserable pay of 4091. 10s. per annum,
after deducting the income tax. Is this the way
these veterans are to he treated.? Is this not suffi-
cient to rouse the feeliugs of the just, and awaken
the alarms of every reflectiug mind ? And to si-
Itnee those other General Officers who have no in.
tervsl, bat whose claims are nut to be trifled with,
you give them provincial regiments, and garrison
battalions.

We could state the names of nine Ainjor-Ge-
nerals, who have not been employed in the two
last -campaigns, who aro eminently qualified fur
any command that the Empire can entrii,t them
with. To the service they are unalterably and
solely devoted, bin no temptation could corrupt
them, nor prospect of advantage could shake
their integrity. They spoke unaffectedly their
military opinions, from the holiest dictates of
their hearts. For this they are not employed—
bet weadmire that the British spine is nut suffici-
ently incurvated, for continual booing before
their Northern Chief.

In the distribution of your Foreign and Home
Staff, in more than two instances in each service,
you have employed two foreign Generals. We
notice Baron Alton upon the Staff, as Brigadier,
at Walcheren ; sod Baron Linsingen upon the
home Staff, at Ipswich, as a Major-General. Is
this to be supported, when you see so many gal-
lant Generals unemployed every day at the Horse
Guards, beseeching the Commander in Chief for
employment ? There are liiewise tree British Ge.
womb on the Thome Staff, that were never out of
Eseglasul—oae at Bristol. The fwd.!, regiments
' in the luiperial service are all commanded by fu.
reign Colonels !—What would our gallant naval
Meads say, if British bhips were to be commanded
by foreign °nicer, ?

There will be laid before Parliament the num. I
her of regiments of the line, which have been be-
stowed within these last sixteen years upon Offi-
cers of .the Guards. Have these :roups more
fighting, more honour, more laboer, than the
Officers of the Line? therefore they should not
be entitled to greater favour. In the Guards they
have no rank of Major, or Lieistriptst, and their I
Emirs areconsklered eligibly for companies. Do
the (retards serve in the burning suns of the Ea't
or West ladies, Attica, or the cold regions of
America ?: With every respect to the Officers of
the Guards, their services are not to be named
with those of the Line; and those gallant oth.
cers, in the pursuit of glory, perils, death, and
exile, aro to be slighted, neglected, and despised.
Let the King and.the Country bestow great pityi
to the Olken of the Guards, but surely not
rant over the Line. If there was a tolerably
equal distribution of regiments, governments, and
military appointments, there would be a sulfiCieury
tor every brave man iu the service. There are
great means in this country to provide for all,
and the Public, who funk!' those means, request
it may be dean. There are seventy sd, 3d, and
4th battalions, attached to the old corps of the
Line ; why sot bestow these corps to unprovided
Gamrals or Colonels ?

L9NDON Printed P.,„blibard Ity Is. lAtR6L, at talt
ST•lcapliaa Ot IKE, bit Ficel-ttretk