The Statesman.
London, England, 1815-08-08 00:00:00

ITATESMAN OPFtCE, TWO O'CLOCK.
day's Paris Papers have just come to
of Saranlay last. The late hour of

precludes us from giving more of their
than the following, which are the most im.
.les s--.

Tut GAZETTE OTTTEIET.T.I., ♦UG. 5.3
KI)ONNANCI.: or Tiiv, KING.
the grace of God, King of France and

to our Ordonnance of the ‘24th last July,
isidering that the present licentious state of
-Aid the dissolution of the Staff Major,
1 mit of the forming Councils of War In
tory divisions, in which there are many per-
.ere designated by our said Ordonnance,
when they committed the offences with
were charged.

RPport of der Minister, Secretary of
War Department,

ordered, and do order—
'he permanent Council of War, of the

;y division, is charged to take cognizance
Imes imputed to the military persons, desig-
. Ordonnance of the 24th July last.
Minister, Secretary of State for the War
is charged with the execution of these

Paris the 2d of August, 1815, and the
reign.

(Sigue3)

LOUIS.

R EXTRAORDINARY, Slturday Morning.
Brune, and the troops under his orders,
their submission to the King.

...do-Camp of Labedoyere, and a Secre-
Mur •t, were arrested yesterday.
Tel of the Spaniih Ambassador is expected
k is thought that he will assist at the

Tuis, who isqued seditious erieg, were
rested at the 'Militaries. It was with
difficulty that they mid be kept trout the
people.

4111 F
THE UUKI OF YokllC.
!lancet-tied to stale that kis Royal Highness
I all accident in falling on his coming out
bath at Oat!awls, about ten o'clock on
suing, in consequence of the slippery
ir oil cloth, by which he broke his left
iral assistance could not he procured for
fterwards to set It, on account of Mr.
is surgeon to the household at attlands,
at Walton, about a mile from Oatlands-
ig from home, and the length of time it
Sir Henry Belford and Mr. M'Gregor,
who were sent for express from Lon.
id his Royal Highness could arrive. We
however, to learn that his Royal High.'
11 enough after the accident on Sunday
write litters to the Queen at Lew, the
Augusta and tiophia at Windsor, and the
tent at Raglan's, informing his Royal rela.
particulars of what ihird taken place.—
morning his Royal Ifighttess wrote to
►ie tutor, the Rev. Dr. J•uckson, and
Is, to give an account of his state. Mr.
I, who was nn a visit to the Duke at the
to town yesterday about half.past twelve
it Henry Halford and Mr. M'Gregor,.
iown about two, and retained again to
i about two hours. In co►►sequence of the
iundless reports that were circulated re.
accident,
.yesterday the following Ceiti-
lletin, signed by the principal medical at-
as handed to the Nobility, &c.

IM
ers
not

" Mood is mnitia.e. Ane. 7, 1815.
,o) al Ilighueas the Duke of .Yolk has by a

,~ss~

. .

~:~:

NAPOLEON BO N A P-IR7'E.

. . . .
Prance, and to commence the system of fall broken the large bone of his left arm, half way
outrage and spoliation which the French
between the shoulder and elbow joint ; hue the dis-
placed parts have been put into their littoral situa-
tecased of so widely carrying into effect: tiaa..
His Royal nightie,' has passed a gond night ;
I and the other German enemies of he is this morning free from fever, and is going
to are now striving to break the neck of on in all respects as favriurable as can be eipected
may well stickle for guarantees to their leder the circumstance,. . .
tSioed) " HENRY. Iliki,Foßd:
r barriers that no human power can again " P. at•ntl.b:Guit."
_ ... . ,
The French Papers give some curious 111. PA ELI AMENTA ET itEPololl.—On Tuesday, Aug. 1,
lilitary precaution in Paris, which, if not a numerous and respectable party of Gentlemen
treme of tyranny, indicate no small per.
dined at the Black Bull Inn, Glasgow, when a num-
ber of toasts and sen,iments, applicable to the pur:
)rehension. The capital bas been under pose of the Meeting—Parlitimetitary RefOrm—were
ever since the Allies entitled it ; but to given. Major CA ETWRIG ST was present, and made
it has this respect for public order been a very animated speech ; some excellent toilets col.
the armed preservers of 11w peace, that
lowed•one of which we subjoin, and to the semi.
Iment of which every Briton Will add his hearty
a 1 subjects of Louis XVIII. are not per- amen :—" The Progress of I.iberty over the world ;
ye him a serenade, though his Majesty, ' and may her march be the !Valeria° step."
1 d'Asmoutzse, and the sweeter toned ! The difficulty of procuting an estate equal to the
services of the Duke of W Et.i.t Naito'', was presumed
itat should graciously lend their ears and
had been at leng'h obviated by the otter of the
to concert. The very National Guards ,,
Great 'few Palk Estate," consisting of near 4000
company of these loyal musicians from acres, in Oxfordshire, within a few miles of Blenheim,
of the Thuilleries on Wednesday evening. ' that illustrious record of British valour; it is under-
iy a Dutch Mail, arrived this forenoon, stood, however, that his Grace has expressed some
iciennet, where Gen. Ray commands, has i objection to the county, in consequence of which this
unequalled estate is to be submitted to Auction by
triendered, though the white flag flies there—.. . 1
Messrs. Routs% on the 19th of the present month.
'ce and Lille, which is in the same situ- The competition et the sale is likely to be
very con-
.cept that the garrison of Lille is* composed 1 siderable, from its being well ascertained that no sort
National Guards (so much for the dispo-lof reserved price will be put upon any of the farms;
people), the strictest military precau- indeed, the sum asked for the whole is so unusually
low, that it is probable some fortunate purchaser
preserved. It is not known what measures i will avail himself of it before the auction.
\eft or are necesSiry for the surrender of
trtant fortresses. It is supposed they have
from the Government to hold out. The
before Philipperille demand that it shall
them only ! ! They have taken Civet,
fort of Charlemont, which commands it.
Brussels Letters say Lord WELLINGTON'S
be completed to 100,000 men effective.
troops as they land collect near Ghent,
:oceed in columns of two thousand into
Eight thousand British are now on their
'lent into the interior of France.

MR. EDlTOR,—Avoiding all discussion. foreign to
the subject, feeling it my duty as a practising Bar-
rister of many years standing to give my assistance to
the oppressed, and viewing the case of NAPOLEON
BoNATAKTE, the late Emperor of France, as one of
peculiar hardship, I request you to state, that it is
the opinion of myself and other he yers, as well as of
the venerable CAPES. Lorrr, that the King of ENG-
LAND lies no authority, by the law of nations and
the law of England, to transport him to St. Helena
for punishment, without previous trial and conviction
by a Court of competent jurisdiction.
lie is a prisoner of war and to be treated as all
other prisoners before condemnation, to be detained
only for safe custody within the four seas. If he
has been guilty of any crime let him be tried by a
Court-Martial. If he is deemed a subject of Loots
XVIII. let him he delivered over to the French Go-
vernment ; but let not, his M.:jesty's Ministers ad-
vise a proceeding which is contrary to law mid dero.
gatnry to the honour of the British Crown.
From the moment that he entered Plymouth Sound
or any British port, he was there as an alien enemy
or prisoner of war, or in such other character as he
!shall appear to have possessed at the time. Ile was
either taken in war or not. If taken in war he is a
prisoner of war and nothing more. The fact is, that
he had been at war with us a Sexereige., but subse-
quently tte surrendered the sovereignty of which he
was possessed de facto, and twit:choosing to become a
subject of France was about to retire to America
with the permission of the' Provisional Government
of
France. Not being able to pass our cruisers he
surrendered, chiming the protection of the British
Government, which I am of opinion had no right to
consider him even as a prisoner of mar, he having re-
! signed the Sovereignty and not being taken with arms
in his hands. If he lands herr, Government has a
right to demand of him stibmission and allegiance,
but not to deprive him of liberty until he violates the
law.

In answer to Mr. LEWIS Gotossmtr, who was once
a subject of BONAPARTE by chnic., and received pay
from him, I declare that by the law of Rigland,
whether as an alien enemy or a temporary subject,
owing temporary allegiance, he is entitled to the pro.
tection of the English law, sub modo, that is to say,
for the protection of his peculiar rights, either as alien
enemy, prisoner of war, or temporary subject. The
case of RER U. SCIII EVER, tit BURROW'S Reports,
765, does not apply to this sate.
Considering him as an alien enemy, he is subject
only to Martial Law, or the Alien Act. If the
powers vested in the Crown by these laws are PII•
ceeded, he has his remedy by Habeas Corpus, or by
action at law. If, therefore, he is removed from
the Bellerophon to be taken to St. Helena, or can
suggest a probable ground for the belief that he is
about to be so removed, he or some one in his behalf
(suppose the Society for Relief of Foreigners in
Distress) should sue for a Habeas Corpus to the
Loan CHANCELLOR, suggesting that he had sur-
rendered himself to the protection of the Crown, in-
tending to bear allegiance and submission ; that he
was not taken bearing arms against the Crown, haw-
big no hostility to England ; that being brought to
England he was detained without bis consent; that
some warrant or order had been issued by the Secretary
of State,or the Lords of theAdmiralty,for his transport-
ation to St.Heletta, and thereupon prayitie an Habeas
Corpus directed to the Captain of the Bellerophon,
or other ship of war, the Secretaries of State atid
the Lords of the Admiralty, who will return the
fact, or if not, will be liable to an action for a false
return. If the Chancellor refuses the writ, he will
be liable to impeachment, and to an action at the
suit of the party grieved. If the Captain of any
ship which transports hint is shot in the act of doing
so, it is (if my opinion of the case is correct) justi-
fiable homicide. If the Governor of St. Helena or
any other person detains him, and cannot show a
valid authority for it, he, as well as the Secretary of
State or Lord of the Admiralty signing the warrant,
is liable to an action at the suit of Napoleon Bona-
parte.
The Decree of the Combined Powers, though
signed by the Mike of Wellington, cannot jutify any
violation of English law.

Even supposing him en alien enemy and a prisoner
of war, he is not to b. transported o ithout
the plea cf alien enemy only applies to such aetions
as all alien enemy cannot bring ; hut even a prisoner
of war has personal tiOlts appertaining to his per.
actual liberty, which cannot be violated by the So; e.
reign of Etliand, without subjecting his Ministers
to an action at am, Ike.
A PRACTISiIiG

r" • - •

Writs 14010 OitziIT4TESAUN.

Csesr.toirr ism. letters.
• . .
to
yourself and to the Editor of the Morning [Aroade,
a few days since, expresses in rspinion that a writ
of Habeas Corpus may be sued out to relieve the
ExAmperor Plar.oixon,thit loch writ is &Mendable
of right by that personage, being within the juris-
diition of oar Courts of Lave, I have no doubt ; but
hoar far it may be ierticeeble to him I cannot deter-
mine, though thus much it Would ascertain—the cha-
racter of his deaiition.
The writ of 11,ibeas Corpus is a mandatory letter
directed to the Dilicer haviwg custody of the body, to
enquire by what authority he detaiqs, to Which it is
incumbent upon him to reply ; tied if not answered
satisfactorily, alleging a legal Cause of detention,
an tarsier is issuable for the discharge of the Prisoner,
and an attachment against the &leer for a contempt.
If a writ of habeas Corpus was sued out, I pre-
' some the return to the writ would be that he is a
prisoner of war ; this would define the nature of his
detention, and pUt in issue the question of our
power and authority over his future life, and hoW
far we may be justified in sending him beyond the
limits of Europe for the purpose! of safe custody, &e.
The dogmatic Editor of the Timer, rind his foolish
Correspondent, Pnueus, insist that we have a right
to try the El-Emperor by a Court-Shrtiill for the
murder iif Captain WRIGHT ; and this same Panitni,
who pretends to be secs learned, but is, in .fact,
very ignorant of the power and extent of jorisdictioa
of a Court-Martial, imagines it all powerful dad Pei-
bracing the void unknown to the common taw. To
him and his 'assumptions, silent contempt is, pet--
imps, the best rep's- ; but I cannot avoid suggesting,
that some public mark of favour and esteem should
be shown to the Klitor of the Times, I understand
he is already au LLD. and I think the letters ASS
would at once be appropriate and just.
By the laws of civilized warfare, as laid down by
PCPPENHOUP, GROTIUS, VATTEL. r.:!;1 others, Pri-
soners taken in rear are to I !':,`i in safe 'custody,
or ex grotto, on parole of honorer, darants belle,
and al its conclusion must be set at liberty.
If we are to consider the Ex-Emperor as a pri-
soner Of war, it follows that he is entitled to the
usages of civilized warfare, and particularly as we
considered hint on his last abdication of the Throne'
of France, as returning to the situation of a ci-
tizen of that country, he must be entitled to liberty,
upon peace with that country. I know notloar far
the laws of France may extend to punish him; but
so sacred did our ancestors hold even the persons of
Usurpers, that upon their abdication or removal from
the Government they could not be impeached for
high treason, &c. as appears by the language of the
• Ist beta ate, 43, a and b...." By his taking the Im-
perial Crown upon himself, all attainder of his per-
son is purged ipso facto, .4 imhout any reversal."
It has been asserted by some, that an Act of the 141..
gisloture is so omnipotent as to give sanction and isw
gality to the proceedings against the Ex• Emperor ;
but the enlightened writers upon our Constitotion
deny the power of the Legislature to enact any thing
tending to subvert the funtlametral principles as laid
down in Magna Charts, and subsequently confirmed
and ratified by the Bill and Petition of Rights : that
this would be contrary to their spirit and general
interpretation, cannot be denied.
, We,are told, in some of time daily Journals, that
the Es-Emperor is to be stripped of his property,
sent to St. Helena, directed of his attendants, and
watched by mercenary soldiers, to whose discretion
the power of shooting him is entrusted !! !
To future military adventurers the fate of BONA.
PARTC, if such is indeed to be his fate, will incul-
cate this lesson of political necessity, never to spare
the legitimate Sovereigns they may conquer. Ilad
he followed tliis maxim, where would have been
those Sovereigns who now triumph over him?

I so, Sir,
A LOVER OF MY COUNTRY.
Augubi 5, DILL

CLEMENCY TOW.dRDS rns CONQUERED.

CYRUS AND CRCEsUS.—WheII Crcesus, King of
Lydia, tell, by the fortune of war, into the hands of.
rus,. the conqueror, in the first moment of revengsil
resolved to put him to death. Accordingly he pre-
pared a funeral pile, en which he was to be burned'
alive; but Crcesus was no sooner placid upon it than
he exclaimed " Solon, Solon, Solon." Cyrus being
present, enquired the measklng of these words, and,
being answered by Crcesus, that he now found to be,
true that which had been told him by Solon—that
" poverty teas preferable to riches." Cyrus was so'
much affected that he not only spared the life of
Crcesus, but even admitted him to his friendship.
A t.rx.txneu (or MACEDON) AND PORI:S.-1D IS'
battle fought on the banks of the Bydaspes, Perot,:
King of an extensive territory in India, being con.
quered and taken prisoner by Alexander,*and being
asked how he would he treated; he • replied, " As .4
King." Alexander admired the unbroken spirit of
his royal captive and immediately restored him to his
kiocdom. •
i CLAUDIUS AND CARACYACIM..—.4be British King
Caractacus, of Welsh extrocttos, 'after fightiog, for
a serious of years with the utmost bravery in &mice
of his country against the Roman's, was at lest defeat.
eel and treacherously delivered over to the enemyi
who carried him to their Emperor Chtudios. When
brought into his presence, Carectacus atltlressrl the
Emperor in so t.ohle and heroic a manner, that he
not only o.htained his own liberty, hut that of his
principal adherents also. The conduct of !the ciptive
Caractacus reffs.cled honour not only on himself, but
also ou the British nation.

liISTORICVS.

OIL

-4
it.
iberties of I
iadictive 01
1y
ale been ac
since. Thej
r.
France, whr
9.
ho her power,
safety,—for
ne
overleap. 'I
lances of mi
ht;
he very sett
nC
ion of apprt
Re
• ilitary law
uch a height
ts.
,'arried by tl
eft
even the toys
tip
Wed to giv
' he Duchess
Duke of Br
in.
mingle in the
kickedrifai
Ihe
the window
lho We find hj
am
that Valencif
ill not soriendet
At that place
ivo atinn, eseept
1 it entirely of IN
Intl SitiOn Of the
his floras are pret
hla may be taken
)ut these imports
instructions f
Prussians be
capitulate to
but not the f
in The Bran
his
army is to I
D.?
All the fresh
to
and then pro
ace
France: Lie
d.so
way from Gh
are
red ST
.als Another d
gap hand—.4bove
std their arrival
the contents than
urt partant articl
EFROX
pi. OR
Louts, by
vet
Navarre
,me
Referring
jog
ud eonsideri
the
he army, at
to ors not ado
Ito hose militari
sons who we
erte at the period
ley which they w
to Upon the
State for the
ns- We have a
Pea Art. I. Tt
iG• first military
ie. of the crimes
sated in our
by 2» Our M
F 1' Department,
red presents.
ter 'Given at
th- 21st of our r
ich COURIF.I2
Marshal 11
rt• have sent its
ate Two Aids.
cretary of M
111.
The arrival
is
at Paris. k
nt.•
Congress.
Four pers
ar• last nigl.t art
of the greatest c
he fury of the p
We are co
the exppi ieticrtl
of shower I
au- Sundae mor
try state of some
Is. arm. Surgir
tea six hours aft
Obborri, the
ors
who resides
not house, being
Inc took before !
100 the surgeons,
slit don to attent
aro happy, It
sits
uess was wet
IVs mottling to
ine P.iocesses A
Pi ince Hegel
iud fives of the p
Yesletday
his venerabll
on several other
eat Greenwood,
ire lime, came t
o'clock. Sit
ariised in to
rif 04tiands in I
various grow
sc** iPecting the
.ficato Bul
iel
wt
IM
4 Me Ito