Sunday, August 6, 1815

Anti Gallican Monitor

Location: London, Middlesex

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Anti Gallican Monitor (Newspaper) - August 6, 1815, London, Middlesex TH* ANTIC* ATJLIC AN MONITOR So. 237 .- Price 8rf.] " Pence be to Fiance, if Frnnce in Peace permit *' The just and lineal entrance to our ow n : " If not, bleed France-nmil Peace ascend to Henven."-tSlIAKF.8pF.ARf. AUGUST 0, 181.'. DETENTION OP mTONAPAUTE. I believe none of mv Renders will t think, tin: Lion is really dead, and " tj-a 'o)> pen I p-r sur tut. What f then related of him, and the great freedom of my remarks on his person and character, e.rose from my knowledge o| the man, both as an Individual and a .Sovereign, and I trust tt wdi net he looked upon as either arrogance or vanity in me, to express mv belief, th.if the disclosures which I made in The Secret J list :�>)'}/ of the Cab/net of Ihi >eepurle, and afterwards from time to time in the columns, of the tlntigah'icaii, opened the eyes, not of my country alone, as to the real character of Uuon Af.va n:, hut of many others on the Continent, ami else- where estate," as But at he is now " fallen from his high lie is arrived on our shores in the character of a suppliant, my own feelings a- a maa, and particnlai ly as an Englishman, (lor, like the. lion, the Englishman preys not upon carcases,) would not allow me Jo pievi the delinquent's execution, though I see'others press for it, evidently t.hnmgh fetdings of hatred and resentment--Out I do not envy such feelings in other men. I know that UuoN ai'a UTt: has merited the severest punishment, even torture and dealh, for the crimes which he has committed. I allude net to his usurpation'.*, as most governments have inclinations that way, or if not for usurpation-;, certainly for taking what, does not belong to them; hut I>uon mm n. r t: stands arraigned before ('on -and man, for �f rueities towards private individuals-for crimes which, singly, would, in the person of any other, be veiled with death--for the murder of Piciii <;ru, Palm, Captain Wutfiur, the Duke D'&NGIIIKN, IloFFKR, and a long list of oilier victims, incarcerated by him, as i have shewn in the account of the Prisons, which has been published in the Aulv^dlHean* �'i"d S defy even Mr. Brougham or Sir Jamks M ackinto.kii to speak in his dtfence. Whatever our feelings therefore might plead in favour of a prostrate enemy, I think justice demands that he should be put upon his trial in the manner which I have already ;minted out. However, that 1 apprehend is not likely to t dee place : the man is upon our coast, confined in one of our ship-;, and treated much belter than he deserves. But how great was my surprise to find, at a moment when the culprit is waiting for his sentence-when the Sovereigns seem to be considering how they may be able to carry their own Declaration, or that of their accredited Ministers into effect, in the mildest and gentlest manner---when thoy are supposed to be deliberating, not how they may bind the <* (Jul;at Puinck'' in fetters of iron, or indeed in any fetters at all, but how they can make his future residence in another pleasant little island agreeable to him-how great indeed was my burptise when I saw in the Morning Chronicle of Inst Wednesday the following letter, written by lite gentleman whose signature is subscribed, and who modestly calls himself a Friend to Liberty, and also by the appearance of a kind of oAdenda from the same writer in the Chronicle of Eriday-both of them sKill be given here, as I intend to take the liberty of making some remarks upon their contents, or Father, upon their doctrines. To the Editor of the Morning Chronicle Sir, Spruston Hall, July 30, )Pi 1.1. The intelligence that the great Napoleon will act he permitted to land, and is to he sent pc-haps to St. Helena, is almost overvvh' lining to me, though i(9U't; accustomed to s after much, and to expect every thing. 1 know not that the Emperor ean he regarded ns a prisoner of tear. Froi'n a view of ail the cireumstanceii which arFect his person, and situation, and hia coming hither, I ato of upiuiou that he cannot. But it" he rmild, it is not, nor has hern for two Centura's, the custom of l?ri�?i'i thus to treat her prisoners. Could we try him?-1 know not by what right either we, or any, or all of the Confederates could. Can wo. withoHt tri.d take his life ?-This wore far worse than to kill n prisoner recently taken in hattle. Can we then exorcise such a power over the personal and inherent dignity and honour, far dearer th;�n life, of sneh a Personage, and to semi him to lonely imprisonment in a deserted far distant island ? ISnonaparlc, with the concurrence of the Admiralty, is Within the limits of British loe-tt allegiance, lie is a temporary, considered as private, though not a natural horn subject, and ns sneh within the limits of St Cur. II. the Habeas Corpus Act, our J .v<{;/Yc(, being ait inhabitant or resident of Kn^land Ike. shall he sent prisoner into Scotland, ike or unto places beyond the sea*, c. .Ill persons within the Realm of b'ngland, which includes the adjoining seas, are temporary subjects if u'icn.1, or jter'funent if natural born. Thoii'jh not on the iiritish soil, he is within the protection of the British law. If at Plymouth, he is in a lirifiih county. An Habeas > l'--rophon. 11 wuuld be issuable, being J'.ication, by the C'i wcetlor, the Chief Justice of' I'ngtund, or other of the Judpcs, at their Ionise or : handlers, i'uuiedintcly, founded 00 an aflidu: it. And if all cummiinicnfiou wills the Bel-laop '>,)'/ is shut out, which mh'ht enable. Napoleon himself u> make the application, the imprisonment of any in-dividual wit hi a the limits of the linglis.'i la'es and censtitw 'ton, cone- ins the dignity, the lihi.rty and tiie rights of aery I'.ngiithnntn \ fault or error in respect to this all-prot law, which being rented jit, must be most //icrc/?'/construed. I am of opinion Hhal deportation, or trans/mrtution, or relegation, cannot legally exist ia this country, except where the law expressly provide* it on trial and sentence. II cannot be expected that many authorities should be quoted in such a peculiar case-, neither is U necessary, a-) il differs fr�m the common eases of every day, chirlly in the vreutnens o/' the Person who is its object. Invested of these, circumstances it is this, lie voluntarily came on hoard; Captain iWaitland received him, agreeably, as the Captain understands, to secret orders,- - 1 f he is debaned of all communication ami correspondence, and for It;ulden to land,) In s must be by same, order, and for some purpose. And the Writ of Habeas Corpus is tlie legal iiu'de of investigating, as to all persona, whether their lib-rty be leoaUy or Hhgtr-'lii res.rained, and all restraint of liberty is HU-iU'ly of whadi I he legality ia not clearly and strictly proved. 1 know of no law 01' ours which supports such a conduct, as is asserted to have already taken place, and to be further determined. And I trust v\ e are not yet come to this, that the will aad practice of the Confederate^ is a law In 03. We think with horror of the power assumed by the Pape over tie- persons, coiim ienees, liberties, lives, dorni--iiion?; and Entire nations, of those who were not his rub-jeets. { know not in what the power ;.uj:,unu.'d by the f.'oni'-ah.rafc 1'omi.ts is nunc tolerable. 1 am year's sine rely, CAPF.L I.OFFT. To I he Editor of the .17 tp:tblira:>i Jdolcsvcis; nort tleseram .SVne.r" ClCKIto. Srtt, Ipfiwieh, Augnst i, lulr,. Judge wtietli�r L-i Belle Allvinee. deserves its name.- It may seem so to Juitria/'i, Pr:. >.>i<in<tt l'<isi :, an | C'�t-S'tcksy hut I trust not to Kvptiihinen, who out<bt net er to st-paiale tvoie!''rte 1 1 misters, the jn.Uice, t'recdom and humanity of the Fngl;sU laws, and tlie generosiiy of the P.ritisb character. And observe the daily and hm rid calumnies in the public prints against him : thus eoniing to V.ngtand and ihu? rereitedy calumny, though not more g� uerou'i, is a safer instnunent of destruction than poison. And if /'at which they have been aiming on every opportunity) they 0.111 drive his great and firm mind into unhide, they will triumph in their success. Their work will bsive bi.cn tle-n done j though they may perhaps force some crocodile tears. Hence, perhaps, their savage joy, and possible exaggeration on the project pouii to be (!< ti'rmiued, and instantly, to he executed, tt'" transporting hnn a prisoner for life to the deserted island of St. Helena. A project wli'ch on d 9. an infringement of our tweond XI.K'mi Chmta, the Aft of llaheas Cnrpus,-:\\ Car. Ij. e. '.>, \ \2. and a violation of the Bill of Uights, which d>/ara!.>ri/ of the: euncnoa lam, denounces une'/nal and arhitntiy puuishim u(s. And a violation t�t our rcholc criminal law, which permits not transjtortalion, unle*., in ea^es for wloch Stututu Law h'.s expressly provided. Ilmay be dangerous to .^"alc ; hut when it would be so criminal to be silent, u hat i'tivliihii;ari) what man, ean help it who is worthy the name .' 1 am, your'a sincerely, CAPKL IS>ill'. So, then, if appears that, in the opinion of Mr. Capci, Loir ft, Duo n a v.\ tsTii, whom he styles Emperor, cannot he regarded as a pi i-momm- of war; he, at. lea.-.t, e:; presses himself doabttu^ly on thir. point; he aiso thinks that, we eaenet try him, and without trial cannot take hir, tlyii depr>rtati'*n, or ret'-n-atiov, or travsportation%vxu-not legiilly exist in this comexcept where the law expressly provides it, ou tnaj and sentence : and that lie is, by being at Plymouth, within the limits of an English county-a temporary imbjecT, and out it led to all the advantages of that character, and that, placed in that situation, he can claim the benefit oi the Itohcu.i Corpus Act ; that, the writ of Habeas Corpus i� the legal mode of iuvestigaling as to all persons, whether their liberty be leoally or illegally strained ; that all restraint of liberty u illegal of winch the legality is not clearly proved. The above is the substance of the legal argument, as applied by Mr. Eei'l'T, to the ci^e of IIuonajvvrtj;, and the conclusion, according to this statement, is evident; namely, that, hob;': permitted to go at large, or where he pleases, there being, uccoiding to this (�etttlemau\> opinion, no legal grounds for his detention,. The Editor of the Chronicle corroborating this doc! line, adds, that" Ministers must have 11 bill of indemnity for transporting Buonaimrtu with* out a trial, as well an act to keep him abroad. Having touched England, by being within the jurisdiction* of the Admiralty, he is entitled to the benefit of our laws. A slave cannot touch it without being free ; and no man, however_eri-minal,eau be transported without a judgment,, We object to no measure that is indispensible to public security, but let not the laws of England be violated.1' Wilh great respect for the opinion of Mr. Lofi't and the Editor of the Chronicle* on constitutional points, I shall beg leave to observe that this opinion is grounded on u misconception of the nature; of the case before us, and that, consequently it is erroneous. The mind of 1 , EoFtfT is so confined by professional habits^ some other cause, as to prevent him from af the municipal law of England a topic ns foieign to it as any we can well imagine. It mighr, b.' expected, however, that, his reading and. ob� nervation would have informed him that, accord..* iug to the ('onslitntion of Engla 11; i l- with regard to foreign concerns, the Kinm is the deh-gv.te or representative of the people., In the K.i\<j, --..h in a centre, all the rays oi his people are united,, and form bv that union a consistency, splendour and power, that make him feaied ec respcete.i liy foreign Potentales. What is done by the iivoyal authority with icgord to foreign powers, is 1 he act of awhoie nation. Upon the same priiicipde the Ksf-u* itos ah.o the sole prerogative of makiii"-peace or war. Eor it c. held by all t.Lit* writers 011 the law of tint ore and nations, that t he right of milking war, which by nature subsi-.t.ed 10 every individual, is given up by till private pcrsonu lha? cuter into society, and i.j vested 1:1 the sovereign power, iiinl tins right, e. given up not only by individuals, but even by by the entire body of the people that are under the dominion of a Sovereign, And wherever t he right resides oi" beginning a n.i'iniial war, there also most reside the right, of ending it, or the powei of makim*-peace." Now it appears from the above extract, which is from IJlackston that the right of declaring war or making peace, resides by the constitution of England in the Sovereign ; indeed this is so well known, that to state it might be sullieient : of course, it follows that e\e.y thing relating to the subject of war or peace belong lo the royal prerogative. The terms in which war is declared, as well as its objeci, may cno^titu'c matter of coosttre ttg'iimit a mrni'ter, |wr ! he i n< ers"in who can repeal nis own acts, as far a-, regards foreign powers, whenever he in iy think 1! necessary.--' it is a matter of fac|. that cermiii Audnissadura acting in the name ol' his Majcs'i'V did, in the. mouth of March bt.it, join m :x i h:>, Lira! ion pub-, lis'ied under tin: joir�t aiti hoi ity of the priuetpal Sovereigns in Europe, pait of which declaration \ i:> conceived in the following v.un!-, ; ~~ " Be thus breakm:.'' the Convention which has established him in the island oi S'dbu, SlyaNA-I r.LlLVL destroys the onlv Icral tiib- on ^hwli l.i-

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