The Statesman.
London, England, 1810-04-20 00:00:00

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-IksVeitaila .1 bet * the Preelmt
.tiftrcilliti Ottaceive t kwiedienen was en"
,51
Ineogarkthat could tey fine: the whale
itbeitiWthe Cause ' 'Lai the parties. The
ItitdSeity of this itnnie li greet, but with• all re..
illiihee he it apish**, the authority of au Act of
:Pdrilaisent is greater than the authority of. this
!IXtiuestilad in case one man dues any thing by
*virtueeren Atetstf Paciatemst, if any other min
'shall ' be •le hardy as to question his • doing'
his dutyothe party so questioned is either to plead
in bar specially, as he may plead generally. and
giost in wideness the special matter, but it never
was known that any can, should lifer to say, I
am an Officer-by Act of Parliament, and therefore
demand whether you will take cognicance of the
matter, having does what I did by Act of Par.'
liasneut." . . . • .
Notwithstanding these, teaease' the • Meuse re-
solved,
ca That Sir Francis PeMbertoo•and Sir Themes.
Janes, giving judgment to over-rule the plea, to
the jariediedon bf the Cone of King's Bench in
the ease between Jay sad Tophani, had broken
the privileges of thin Hume."
And, by order of the Houle, both Sir Francis
Pent button and Sir Themes Junes, were taken into
'custody fur the said breach of 'privilege, and lay
by till'ebere came a prorogatioa.
,Yet all did nut intitaidate Mitre Judies•--
A _
if we may trust to history,the Lord Chief 'soda.
Itult asserted the jurisdicinot of the Coutt 4ith:llE
, IMO tone. ' •
• .111 Ike Aylesbury Case, 'Led ChiCl Jostled`
Holt end several Lawyers were hardy end 'resale%
mount to oppose an order of the House of Ces‘•
sums, and brought it on in the Court of Kiesith,
Bench. The !louse of CimitnOns, highly irritated.,
;Arms
this- contempt•of their order, vont • a Serjeant at
for the judge to appear before them; but
that immortal and resolute defender of the laws
bade him, with a thundering voice. of authority,
'itenoss !—On which they sent a second message.
by their Speaker, attended by as many Members
es esputilled the measure. After , the Speaker had
delivered his message, ,his Lordship replied to him
in the following remarkable words :—'4 Go back
to your 'Chair, Mr. Speaker, within these five
minutes, or you may depend on it I. Will send you
to Newgete ; you, speak of your authority, but
I tell you I sit here as an interpreter of the laws,
and distributor of justiee vend were the whole
'loose of Commons In your belly, 1 *wild not stir
one foot !"—The Speaker was prudeht sough to
retire; and tie House were equally prudent to let
the affair drop.
__ • ' •
Ir
.'... ilMEltiCii. •
. MR. MACON'S FAMOUS BILL. '
. -
LUTZ** Planar vtamitwerroli,, tea *SW, 1810. ,
if Today the A mentansitt la . Macias's. Bill was
i liken up. It swots-that this adnainistratitne party'
fine been.canctissiog 4i" on the subject whickii Btu
seine why,they would not let it be taken 4:4•0-
layi. They are &Wrinkled id. *Nit 4: etia
isteedue s war meutite. The peosWastier
eater., the Nee- I utereosrte, ors infiditute Rest;
he badi*which vein Reodece war . with' England.
'air. Eppel made s- 'tee" speech`; ha dadaist thaiii
a repeal of the Iffontrstercourie was seboalisia)64,
and he would not consent to it without having 'll
substitute; aid *accordingly Produced his scheme
of substitute, whieb is now before' the House,
and if adopted, is-ishsislestely ware I have not a
copy of the maims@ he preduced u amendmeets,
and in lieu of the sections.strieken. out by the Se.
mite. They ellii soon be published, and you will
'see them. In substance they are these :—t That
' the,tnerchant vessels be allowed to arm, and sail
where they please; and resist by force any at..
tempt to stop thm, either by the British or
French ; and that they be allowed convoy for
the same purpose.'—They might as 'well issue a
'declaration of war at once, as pais such a law.
You will inquire, whether they will be likely to
pus ? I can only tell you, that Eppes is consi.
dered as speaking the language of the Executive ;
and that this is a premeditated plan—the result Of
.their caucus. These I assure you to be the facts,
`ind as to my opinion, I believe 'them capable of
'tiny thing. A gentleman who is.here from Phila.
• phis says, he can only convert them to a
horse, that has been driven about very much, and
.41.1
has frequently looked at a precipice, at length, in
a fit of desperation,- leaps Over. It teems they
have received lately encouragement from France.
Sonnet Smith Is said to have letters. Muth whis-
pering is perceived among them, and dark hints are
gum.. We hale been at a loss teknow the cause
W iheie...beiug
_quiet so long ; but. they lave now
.broke out u.ntad as ever they were." • ...•
.`.." We have yen another letter frees Washington,
*tad on the 27th ultimo, which states, "Abet the
"Amy esnenduteota ptopeeed by Mr.. .Eppel', would
.ed.but few friends' in the house."—Horton Ga.
idle) March 3. ' ' • . .
• A word of Americas whinge, of whieb we do ant pre-
luMese m4entand the meaning. It will be in vain to seek
far It In any Dictinanry.
~,
- . ' • •SP4iNiS f. I. PAPERS. .
,
%/ARIZ, MARCU 24.--It is confidently reported
:that the division of Zenon, on one dank, and the
arqub of Romanis., in
,front, have attacked the
tench army, consisting' of the divisions'. sailer.
tie command of Nay, Mortice, and Merle, .Bie
'Wu,. number of, between 16
.;and 40,000 mesa,
.endAritten them Wore them, with great slaugls.
. tee, es far as Xeres de los Caballeros. It Is fen:
(her stated, that a division-of 4000 Spanish troops
hes actually entered that place. •
TARRAVONA, FES. 6.—This afternoon errlted
here 57 deserters .from the enemy, all of them un.
r.fortunate Germans, ,who had been anode ptisonees'
in the late war with AuStria. A few days Wont',
I-300 of the enemy's cavalry deserted to us ; end*
are altered that there are *beat - 900 of their.,
infantry wandering About.** moUntains, mai '
only fur the appeseauce of *. betty ofreplaryl
surrender themselves. The number- et:deser. i
that have lately entered our service contuses Is all'
of 1800 men.

cidrrAtm
:A* • •
wilts 1110110117,41)1.11 Tlll3 11_4141SE. OF COW-
, ' MONS, 114 P.IIB•I4IXMIENT 1811811114.E0,
bus 1111/118L2 Mll/1011 111114111/ TOSSZTT, eilsaatr
1/4 11111 lbritneetbent OW LIMO' 1111,11.60011.9
811111WiTIty
That -per A:tithes* has been ea Officer in the
15th Light Dragoons, 'abbve thietlien years mid
senior Captain in that Regiment above our years.
That, during the last mentioned space of time, he
has, in various ways,. been, made to suffer, from
his Colossi, his Royal Highness the Doke of
Cumberland, the most injurious treatment, amouut.
bog to no less than a course of systematic *lWO-
siou. That, in .the year 1805, in a mauler eon.
truy to the acknowledged custom and misfits'.
lien of the army, his Royal Highness endeavoured
to promote an Officer of the 15th Light Dra-
goons, and junior to your Petitioner, in prefe-
rence to him, to a Majority in the Regiment,
which purpose he was prevented from effecting,
solely by the interposition of his Royal Highness
the Duke of York, at that time the Commander-
in-Chief. That your Petitioner having, on the
above occasion, solicited a week's leave of ab-,
settee) its order the more certainly to obtain such
interposition, by means of a personal appeal, in
support of a Memorial transmitted to the Com-
mander.ios.Citief, he was, for five successive
months.' most vexatiously refused that iudulgence,
although he was, at that very °time entitled,
ender General Orders, to leave of absence for
two or three months, anti although junior officers
were then actually allowed that' permission. That
your Petitioner, notwithstanding his final success,
in thus preventing a juni•ir o*l.ccr fcom being
raised above him, has, from that time, been nn.
just*, deprived of locomotion, iu the usual course
of his reOlueut, to theltfluryo nut only of your
Petitioner, but of all the Captains and Suball6rus
of the corps, whose promotion has thereby been,
and still it, entirely steppt.ii-
That in the year 1808, when the 15th Light
Dragoons was ordered upon foreign service, in
Spain, your, fetititiner, though Senior Captain,
was directed,..by his Royal Highness the Duke of
Cumberland, to remain at home with the recruit-
Wig-squadron. That, upon complaining to the
Commanding Officer of the Regiment, of a ma.
nagement su inconsistent with the established cus.:l
tom of the army, and fraught with such extreme
hardship to your Petitioner, he (the Commanding
Officer) disdaining all perticipation in the trausac.
lieu, referred your Petitioner's complaint toffi.
chilly to his Royal Highness the Duke of Cam.
berland, by whom it was dismissed, and who de-
clared the arrangement to be unalterable.
That your Petitioner thereupon thought him.
self Weird to solicit the interference of the Com-
mander-in-Chief, when the Duke of Cumberland.,
in explanation of •his own conduct, permitted
himielf to cast on your Petitioner's character the
most injurious aspersions, which, notivithstend.
lug the authority from whence they came, wore
soon proved to be utterly unfounded; as the Com.
mender-in-Chief, though at first induced by them
to sanction ' the arrangement of which they were
the maligned cause, yet, upon further remonstrauce
*on the part of your Petitioner, and on further
consideration of the mitt', Ma Royal: Highness
was graciously pleased tO revoke his consent-to the
a rrangemeu t in question, and to direct that a Captain
soused imient home from the regiment in Spain,
upon whose istrivarjhe Petitioner was to be at
liberty to join.; a permisaion, however, of which,
gracious and acceptable as it was, your Petitioner
was not able to take advantage, as the regiment
soon afterwards returucd home; and thus your
Petitioner was oppressively made to sustain the ir-
reparable loss of an opportunity, so anxiously
desired by every British Officer, of serving his
Sovereign and his country, against their foreign
enemies.
That your Petitioner having suffered, during so
long.a lime, such heavy and complicated injuries,
finding himself shut out from all hopes of advance-
ment in his profession, by the avowed determina-
tion of his Commanding Officer (expressed in
terms the must injurious) nut to recommend him
for promotion ; and, at the same time, rendered
an insurmountable obstacle to the advancement of
every Oficer, junier to himself, in the regiment ;
having in vain repeatedly and earnestly called for
-the strictest investigation of his conduct,. and do.
Glared his readiness, and even his anxiety, to meet
any 'charge that could be brought against him, and
perceiving that fresh complaints of ill-treatment
only served to subject him to fresh aspersions ;
your Petitioner saw that ho had no chance for re-
dress, but Irons the justice. of the Commander in
Chief.—That he, therefore, in the month of July,
1809, !Wills case before his Excellency, implors.
ng his interference and protection.—That this
communication was accompanied with testimonials;
40 the undeviating good conduct of your Petition-
er, from almost every Commanding Officer of the
regiment, under whom your Petitioner had served,
and who must have had far better opportunities of
observing his general deportment, than his Royal ,
Highness the Duke of Cumberland.—That while
your Petitioner's complaints were before the Com-
mander in Chief, his just claims to promotion
were again defeated, by the introduction of Offi-
cers from other regiments, .to fill tif) the two Mau
jorities of the 15th Light Dragoons, which were
.then neant..-That seeing himself thus excluded;
from all prospect of relief, in the ordinary course,
your Petitioner wax reduced to the necessity oft*
liciting, from the Commander in Chicf,--an appli.
cation in his favour, of the 12th Section of •the
Articles of War, which states that • •
" If any °Scot-shall think himself to be wrong.
sd by his Colonel, or the Commanding Officer of
the regiments and shall, upon duo application .
Made to him, be refused to be redressed, he may
complain to Ilse General Commanding in Chief
lour force% in order to obtain justice ; who is
Away required to examine into such complaint,
and either Whimself, or by our Secretary at War,
to make his report to its thereupon,. in order tore.
celveour farther directions."
That your Petitioner, accordingly, .on the
elf/4114.1i31.1h of-5ePte11441.1409). addressed a let::
ter to Colonel Gordon, 'Military Secretary) for


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.7."77.•
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ktAir RAM A Pi 6

length
received
an
°ll:sweraiiialigcota:torbmlw:Yet"
,the considondiem Of Om Commander ill, Chief
which, after briefly recspitalating illsijoisc '
which. ho bad inisifectually 'complained, les', exel:
imply ',wooded 'the Commaader in Chilf,itt c.c.
foesity with the leth section of the Articles ef
Woo, to esamineintoaho romplaisits which he 4114
lialtgoolodberwt:aft:ti
there hainm
ad ri):0;Inr (unless
.e s s
,)f to et
maketill;illisr 'efii:sireZett.
'regsbaitSgeslndajellertwyith no other effect titan an vest 0
promotioniu a regiment of infantry, which ye*
svetidienee could nut accept, consistently tithe
with his own just 'claims, his wounded feelings, img .
his , aspersed character) or, in the situation iili
which he was placodorith what was slue frootisi• .
tmeatnhdeuarriiinlye,uhiefe haswesiuilitelei,ovincsttiwootesiu:s:boemorein)ttilailailitiv:
NI'S, explicitly repeated his request, that the Coa:
dated February the
and report to his Majesty thereupon ; to *CA
frreoqmnesttheltemailtitary
Secretary,
12,til,,slisalliasndavecoitileoltiedfaimi e thed
gliuol;liay
Commander in Chief your letter of the 10th hist.
that 'Sir David aDnudndlassodi
odeisrencotetdsetee
sauercaieinutt
lug with your request.
(Signed) " 11. TORRENS."
That, by this refusal, on the part of the Cum.
mainler.in-Chief, to comply with your Petiiilner's
request, as above stated, unless your Wolowable
[louse shall be pleased to afford him rev, he
has no means of redress fuc the wrongs which
have been heiTud upon him, in his military dam.
ter ; in as much as the 12th section of the Artichz
of War afford the only remedy, of which au
Officer of the Army, who has been wronged by his
Colonel, and by hint refused redress,
.can avail
himself ' • and that, therefore, the denial of justice
in your Petitioner's case, by the Commander-in.
Chief, in direct violation of the Articles of War,
is a most serious injury, nut only to your P.
tioner, but also to the whole Army, by rendering
nugatory the only remedy afforded to officers
against the acts of their superiors, and by thus
depriving then) of the inestimable right, so amply
secured to every other class of British subjects,
that of emplaying the means provided by the law
'and Constitution, fur the redress of oppressiou
and injustice. •
All which, your Petitioner most humbly sub.
mils to the' consideration of your Honourable%
House, being ready to verify the same. And he
implores your Honourable Mouse. to afford him
such relief as to its wisdom shall seem meet.
And your Petitioner shall ever pray, &c. .
(Siissed). 11 1:: N It. lr FOSKETT,
Caiit. )sth Light Warms.
. •