Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-01-06

nu' NhcnSt 4OIoW tii-t ne WAS at liberty 10
change the fixed order of jurisdiction, to
create especial judges, and pervert the
powers OF military tribunals. He corclud-
cd AN elegant defeuce in the following
words
" You ha e, in order 10 fix your opinions
on the questions, only to open the holy book
OF our hbeftiss, the charter. where are en-
graved the titles Of marshal Ney. Your
noble and generous minds will appreciate
the deposit which is confided to YOU Pro
nouncc."
Gen. Grundler. the reporter, addressed
the court as follows:
The nation, in tears, behc!ls this t'av
one OF its most glorious defenders seated in
the temple ofjustice, in tne place reserved
for the accused. Unhappy r,sult of our
political diSSent;ons. Fatal error, which
brings the sword of the law upon him who
ought to have been It's hvmest supporter
In times of revolution, the faults and
crimes which they occasion, are not always
punished with impartiality and Justice
Ycu have gwen the noble example Of a mi
litary tribunal calmly dclherating on the
tate of an il'ustrious prisoner. in the midst
CT eifervescence of conflicting parties and
passions. France, nay all Europe, have
their eyes fXe,l mp n us. awe have not
ties. We shlll cave this place with the
happiness of an irrepr. achable conscience,
without tearing the opinion OF the world or
of posterity."
The reporter here entered into learned
discussion on the origin and privileges of
the pcerage, and of the dignity of marshal
OF France he thence concluded, that the
chamber of peers could alone be competent
70 try peer:
cit has been advanced" said he, "that a
person accused ought to be tried according
to the rank he held at the moment of his
being taken into custody and, therefore,
marshal Ney, being no longer a peer Of
France, from the simple cause of his hav-
ing accepted place among the peers na-
med by Bonaparte, has no longer anv right
TO be tried by the chamber of Peers. This
opinion does not seem to US to be at all
founded. We daily see persons brought
before courts martial for crimes committed
while they belonged to the army, although
they may have since quilted the military
service"
After having made several other obser-
vatons, in order t. prove the incompetency
of the council, he brought forward final
and powerful objection:
The sentences of courts martial may
be, with respect to forms, &c. referred 10
Council of revision This coun il, whatev-
er may be the rank of the prisoner, is TO be
IN all cases composed of the camp martial,
two coionels, two lieutenant cnonels, and a
captain. Would it be becoming to submit
a sen epce pronounced by four marshals,
and three generals, to the revision Of
council thus composed 4 tribunal which
IS 70 pronounce deiinitively, ought always
to be composed of persons OF superior
rank"
Nj. Joinvilie, the kings commissioner,
made feeble reply, declaring that Ney
had when he joined Bonaparte, put him
the court to avow It's competency. The
marshal was taken back to prison the
court retired to the council chamber, and
af,er 40 hours deiberation returned, when
the president announced its decision as fol-
lows:
The council having deliberated on the
question whether it was competent to try
marsh4l Ney, has decided in the NEGATIVE
by majority Of JfOe 20 t7vo.
From The Lonfon Courier Of Oct. 90.
Revival Of the disputes between the East
India Company and the Government
Of China.
It is hut very few weeks since we con-
graduated cur mercantile readers on the
happy termination of the disputes recent
" existing between the Vice-Royalty of
Canton, and the committee of Supcrcar-
goes. ard on the re-establi,hmeut Of Com
mercial intercourse, upon su Il fair ard
conciatory terms, as promised to secure
a long and uninterrupted tranquility.-
These favorable representations have
been shewn TO he quite failacious BY com
munications received by the Wirdham,
VIII ch state, that the recent calm Il ad ei-
ven way to connections of far more Sc
rjous nature than sny which have l.tely
disturbed the relations between the two
powers.
In our former remarks on the points at
issue, we mentioned that the greatest OBJ
stacles TO their friendly settlement, were
certain aggressions on the rights Of ncu-
tr3l ports, said to have been made by Bri-
t;sh cruz rs, in the river Tigris--soru.
alledged interference on the part Of the
Company's servants, between the execu-
tive authority and its native IN subjects;
and one or two other less essential cir
cumstances. In regard TO these, the Super
cargces had d.saVowed the OHcnsive acts OF
his m jesty's naval officers, over whom they
had 10 sort Of control and had withdra wfI
their pretensons y a right Of shelf ring
Chinese subjects IN their employ, from the
effect of the Municipal law. The local 60
vernment hal, ~ its turn, made some i'm
portant coucess ons and an amicable in
tercourse was soon re established. But.
scarcely a month had elapsed, when a
royal ed,ct YVES received at Canton, eX-
"a