they, has not ratified it, but the ratification your hands copies thereof, for the purpose of has been sufficient, for the possession of Paris being forwarded by the messenger of your was its consequence. The condition of the Government. I request your Excellency, &c. besieged cannot be changed afterwards, unless (Signed) La Maréchale Ney, things be re-established in statu quo. Princess of the Moskowa, "Ilis Higliness has not sufficiently considered (Fifth Enclosure in No. II.) — Further Comwhat ought to be essentially considered; that this 12th Article was the subject of a discus munication from Madame Ney to Sir C. Stuurl.-(Translation.) sion between the English and Prussian Commissioners; and the Commissioners of the It is neither practicable nor desirable to reFrench Army; and that it was well under- capitulate the results and consequences of the štood, that this stipulation took place on ac- Capitulation of Paris, signed by the Duke of count of the King, and not on account of the Wellington and Marshal Blücher in the name Allied Armies, who had no positive interest of the Allies, which Capitulation was immeto act against such or such party. diately made instrumental to the restoration That the Article is consented to in the of the King. The following observations bear name and common interest of all the Allied upon the faith and validity of capitulations, Powers, an interest indivisible, and which the taking into consideration the 12th, 14th and two Treaties of the 13th and 25th of March 15th Articles of the Capitulation of Paris. designated, as being principally the interest Capitulations and Conventions made by Comof his Majesty the King of France. manders in Chief, are pot temporary engageThat it will be no interference in the acts ments, but are every where considered bindof the King's Government, to recall to his ing and permanent. A Government cannot Majesty engagements made in his name, en arbitrarily set aside a Treaty thus entered gagements which his Ministers forget, which into by their representatives, especially when individuals proceeded against claim, and of an infraction of it would operate to the prejuwhich it becomes the dignity of the High dice of the safety, of the property, of the Powers that the effect should not be null. liberty, and of the lives of the parties whose Finally, in all events, since his Highness interests were guaranteed by the original conallows that at least the High Powers them- tract. It is not even just to dispose of any selvès are bound by a renunciation, what possession acquired by a Capitulation, unless iust they think of being brought forward as all the stipulations specified as the conditions conjuring and requiring the trial of Marshal of the acquisition, be previously fulfilled. A Ney? Ought it not to be their first duty, in Government ceding any possession, cannot such a conjuncture to disengage, without get rid of the guarantee of a Capitulation; delay, 'the balance of criminal justice from and as the obligation does not cease, the opthis enormous weight? pressed retain the right of calling upon that Government, to protect them from subsequent (Third Enclosure in No. II.)-LETTER from violations of their personal safety. No per the Duke of Wellington to Marshal Ney, sons, civil or military, guilty of any political dated Paris , 15th November 1815.-See offence, but protected by a Capitulation, can Second Enclosure in No. I. be given up for judgment to a new Govern(Fourth Enclosure in No. II.) — NOTE of ment, or even to an ancient Government reMadame Ney to Sir Charles Stuart.- these principles among all civilized nations ; stored to its rights. Time has consecrated (Translation) it is particularly the practice of England ; the I have the honour to send to your Excel History of Great Britain offers a series of cases lency, for the second time, a Reclamation, for in point. that protection assured to my husband, Mar- The Capitulation at Naples is the only shal Ney, by the Convention of Paris; and I exception; there the engagements entered trust (notwishstanding the answer which you into by Captain Foote, were not respected by returned to me yesterday through your Secre- Lord Nelson; and the persons who had surtary) that your Excellency will lose no time rendered upon the faith of the British Goin causing a stop to be put, by Articles XII, vernment, were delivered up to that of Naples; XIV, and XV, of the said Convention, to the but Lord Nelson urged that Captain Foote proceedings already begun : But, if your Ex- was not authorized to conclude a Capitulation. cellency should not already be sufficiently Nevertheless, this odious act has thrown a convinced of the validity of this Reclamation, shade upon the character of Lord Nelson, I ask of you, in the name of your country, and the sensation created by it in England and of justice, to cause all process to be sus- was so great, that it required all the eminent pended until the receipt of the answers from services of Lord Nelson to screen him from H. R. H. the Prince Regent, and from Lord Parliamentary impeachment. Liverpool, to whom I have already addressed In a recent instance, Generals Savary, Lal. the same Reclamation, which I have now lemand, and several others, were not given made to your Excellency; but as these letters up to the French Government by that of Eng, diave been forwarded by private hands, and land, because the Captain of the Bellerophon they might chance to miscarrý, I give into had pledged his word of honour to these in, a dividuals ; yet there was in this case, no in answer to the Marshal's Note to his Grace. either the existing French Government, under The friends of justice put forward these ob- whose authority the French Commander in servations the more earnestly, because the Chief must have acted, or any French Gowhole slation of Paris, the lives and pro- vernment which should succeed to it, from perty of so numerous a body, have no other acting in this respect as it might deem fit.” protection than this Capitulation. It is es- It is obvious from this Letter, that the sential to observe, that the City of Paris has Duke of Wellington, one of the parties to the never been given up to the King, that it is Capitulation of Paris, considers that that inactually under the military dominion of the strument contains nothing which can prevent Allies, and that no person can absent himself the King from bringing Marsha! Ney to trial, from its neighbourhood without a Passport in such manner as his Majesty may think signed by the military Commandant of the proper. The contents of the Capitulation Allies. fully confirm the justice of the Duke's opiARTICLES of the Capitulation applicable to in Chief of the contending Armies respec nion. It is made between the Commanders this Question, tively, and the first nine Articles relate solely ART. XII. Persons and private property to the mode and time of the evacuation of shall be equally respected; the inhabitants, Paris by the French Army, and of the occy, and in general all the individuals who are in pátion by the British and Prussian Armies. the Capital, shall continue to enjoy their The tenth Article provides, that the existing rights and liberties, without being in any. Authorities shall be respected by the two manner subject to any inquiry or punishment Commanders in Chief of the Allies, the 11th; in consequence of any office they may at pre- that public property shall be respected, and sent hold or may have held, or in consequence that the Allies will not interfere en aucune of their political conduct or opinions. manière dans leur administration, et dans ART. XIV. This present Convention shall leur gestion ;” and the 12th Article states be observed, and shall serve as a rule for “seront pareillement respectées les personnes all mutual relations, until the conclusion of et les proprietés particulières, les habitans, et Peace. en général tous les individus qui se trouvent ART. XV. If any difficulty should arise in dans la Capitale, continueront à jouir de leurs the execution of any of the Articles of this droits et libertés, sans pouvoir être inquietes, present Convention, they shall be interpreted ou recherchés en rien relativement aux foncin favour of the French Army and of the tions qu'ils occupent, ou auroient occupées, à City. leur conduite et à leurs opinions politiques. No. III.-MEMORANDUM of the Duke of By whom were these private properties and Wellington, communicated by his Grace to persons to be in like manner respected? By the Allied Generals and their troops , menthe Ministers of the Allied Powers. tioned in the 10th and 11th Articles; and not It is extraordinary that Madame la Mare- by other parties to whom the Convention did chale Ney should have thought proper to not relate in any manner. publish in print, parts of a conversation which The 13th Article provides, that “ les troupes she is supposed to have had with the Duke etrangères” shall not obstruct the carriage of of Wellington, and that she has omitted to provisions by land or water to the Capital. publish that which is a much better record of Thus it appears that every Article in the ihe Duke's opinion on the subject to which Convention relates exclusively to the operathe conversation related, viz. The Duke's 1 tions of the different Armies, or to the conLetter to the Marshal Prince de la Moskowa, duct of the Allies and that of their Generals, when they should enter Paris; and as the No. 4.--DISPATCH from Earl Bathurst to Duke of Wellington states in his Dispatch of Sir Charles Stuart ; dated Foreign Office, the 4th of July, with which he transmitted 21st November, 1815. the Convention to England,“ decided all the military points then existing at Paris, and Sir; In the absence of Viscount Castletouched nothing political.” reagh, I have had the honour of laying your But it appears clearly that not only this Excellency's Dispatch of the 16th instant, was the Duke's opinion of the Convention at together with its Enclosures, before his Royal the time it was signed, but likewise the opi- Ihghness the Prince Regent. His Royal nion of Carnot, of Marshal Ney, and of every Highness cannot but feel great sentiments other person who had an interest in consider- of compassion for Madame Ney's unhappy ing the subject. Carnot says in the Exposé situation ; but he can return no other answer de la Conduite Politique de M. Carnot, p. 43, than by referring her to the communications « Il fût resolu d'envoyer aux Généraux An- which have already been made by your Exglois et Prussiens une commission speciale, cellency and the Duke of Wellington on the chargée de leur proposer une Convention part of the Allied Powers to her, and to Marpurement militaire, pour la remise de la Ville shal Ney. I am, &c. de Paris entre leurs mains, en écartant toute (Signed.) Bathurst. question politique, puisqu'on ne pouvoit pré- No.V.-DISPATCH from Sir Charles Stuart juger quelles seroient les intentions des Alliées lorsqu'ils seroient véunis.” to Viscount Castlereagh: dated Paris, 4th December 1815: with two Inclosures. It appears that Marshal Ney fled from Paris in disguise, with a passport given to My Lord; In obedience to the instructions, him by the Ďuc d'Otrante, under a feigned contained in your Lordship’s Dispatch of the name, on the 6th July. He could not be 21st ult. I have stated to Madame Ney that supposed to be ignorant of the tenor of the the Letter she has been pleased to address to 19ih Article of the Convention, and he must his Royal Highness the Prince Regent has then have known, whether it was the inten- been duly received; but, that notwithstandtion of the parties who made it, that it should ing the commiseration which his Royal Highprotect him from the measures which the ness feels for the situation of that unfortuKing, then at St. Denis, should think proper nate lady, a reference to the Letter which the to adopt against him. But if Marshal Ney Duke of Wellington addressed the Marshal could be supposed ignorant of the intention upon the same subject, is the only answer of the 12th Article, the Duc d'Otrante could which the circumstances of the case will not, as he was at the head of the Provisional admit. The day after this answer had been Government, under whose authority the returned to Madame Ney, I received the acPrince d'Eckmuhl must have acted when he companying Letter through the intervention signed the Convention. Would the Duc of a third person, and in the evening, the d'Otrapte have given a passport under a Memorial signed by Messrs. Bersyer and feigned name to Marshal Ney, if he had Dupin, who are charged with the conduct of imderstood the 12th Article as giving the the Marshal's defence, which I have the hoMarshal any protection, excepting against nour to inclose, was transmitted to me. I measures of severity by the two Commanders propose merely to notice this communication in Chief? in concert with the Ministers of the other. Another proof of what was the opinion of Powers, by a reference to the answer already, the Duc d'Otrante, of the King's Minister, given. I have the honour to be, &c. and of all the persons most interested in es (Signed.) Charles Stuart. I tablishing the meaning now attempted to be given to the 12th Article of the Convention (First Inclosure in No. V.)Communication : of the 3d of July is, the King's Proclamation fron Madame Ncy to Sir C. Stuart.of the 24th July, hy which nineteen persons (Translation.) ate ordered for trial, and thirty-eight persons A Circumstance has been stated to me, are ordered to quit Paris, and to reside in Sir, which has given me much pain; and as particular parts of France, under the observa- you have formerly proved to me all the in-, tion and superintendence of the Police, till terest which you are pleased to take in my the Chambers should decide upon their fate. case, under the unfortunate circumstances inDid the Duc d'Otrante, did any of the persons which I am placed, I hope that you will deign who are the objects of this Proclamation, did to afford me a new proof of that interest, in any persou on their behalf, even then, or taking on yourself the explanation of this now, claim for them the protection of the painful occurrence. The subject in question, 12th Article of the Convention? is as follows :-I am assured that Sir Charles Certainly the Convention was then under- Stuart believed I complained of the manner, stood, as it ought to be understood now, viz. in which he received me at the audience, That it was exclusively military, and was which he granted me. As I know that you never intended to bind the then existing Go- are acquainted with his Excellency, I intreat, vernment of France, or any Government you to be good enough to tell llim in my which should succeed to it, name, that, so far fron having complained of the reception he gave me, I could not but be and the City of Paris, only negociated in consatisfied therewith, and that, even in the few templation of the return of his Majesty Louis words which he addressed to me, I believed I the Eighteenth, in order to place themselves could perceive the interest with which my un- beyond the reach of the prosecutions anfortunate situation inspired him. I seize, &c nounced in the Proclamations of Cambrai. (Signed.) La Princesse de Moskowa. If your Excellency will deign to look back 2 December 1815. to the 3d July, and consider the evils which the Convention of that day prevented, it will (Second Inclosure in No. V.)- Memorial of Messrs. Berryer and Dupin, of Marshal contained in the 12th Article could have hin no longer appear to you that the amnesty Ney's Counsel, to Sir Charles Stuart.- dered for a moment the conclusion of that (Translation.) Convention; it must then be understood and Your Excellency is informed that Marshal executed in the same spirit in which it was Ney has appealed to the 12th Article of the made—that is to say, with that wide and Capitulation of Paris, to shelter himself from liberal spirit by which favourable clauses must the accusation with which he is charged. ever be interpreted. You also know the answer of Lord Wellington It will not escape your Excellency, that the to Madame la Maréchale Ney. That answer Alliance has established among the High does not clear up the difficulty; there merely Powers a species of union and concert which results from it, that Lord Wellington himself obliges them not only to execute themselves, attaches to the 12th Article no other sense but to ensure the execution of a Convention than that contained in his answer. common to them all. It is particularly upon If the Plenipotentiaries who treated with this point that it is most important, in our Lord Wellington agreed to give to that Arti- view of the subject, that your Excellency cłe the same sense, one might be induced to should take an interest in the question. think that Marshal Ney has unseasonably ap- Your Excellency will excuse us if we detain pealed to the Article in question, and that you at such length upon this subject; but still the right would remain to him of con- the fate of the Marshal is so closely connected vending, that the letter of the Treaty could with the execution of the Convention of Paris, not be annulled by a simple declaration of that our duty as Counsellors imposes upon us intentions. the paramount obligation of claiming its beBut, on the contrary, the French Plenipo- nefits, and demanding its fulfilments. We tentiaries maintain and declare, that the ob- have the honour to be, &c. ject of the 12th Article was, to prevent all The Council for Marshal Ney, re-action, especially on the part of the King (Signed.) Berryer, Senior. of France. Dupin. · The result of these two opposite declara- No. VI.—LETTER from Madame Ney to the tions is a state of doubt, which must be cleared up, or, according to the 15th Article Earl of Liverpool; dated Paris, 13th Noof the Convention of Paris, all doubts should vember 1815.-(Translation.) be determined in favour of the French Army My Lord; I have the honour of laying beand the City of Paris. fore your Excellency a copy of the Memorial If Lord Wellington should make a declara- (see First Inclosure in No. I.] which Marshal tion upon a fact which was personal to him- Ney, my husband, has addressed to the Duke self, our respect for his character, the inte- of Wellington, General in Chief of the Enggrity of which is so well known, would not lish Army, with a view of claiming the perpermit us to insist further ; but the question is formance, as far as he is concerned, of the upon a Convention, on a Treaty which is the 12th Article of the Capitulation of Paris, work of two contracting parties; it cannot which protects the Army and the Inhabi-, then depend upon one alone, to determine the tants of this Capital from being in any mansense of it to the prejudice of the other; in ner made responsible for their former consuch a case recourse must be had to the rules duct. Marshal Ney, relying, upon that of interpretation established by law, or to Treaty, remained in France, and can neither particular clauses of the Treaty: be tried nor detained without being the vicBesides, we have already said that the 15th tim of his confidence in a promise, given in Article determined all the doubts in favour the face of Europe, and in the name of the of the French Army and the City of Paris; English Government. I flatter myseif, my and we add (what, moreover, we have proved Lord, that you will be pleased to give, as soon in a printed Memoir, of which your Excel- as possible, to the Duke of Wellington, and lency shall receive copies) that the 12th Arti- to the English Ambassador at Paris, such incle would have been without an object, if it structions as conform with the idea which in had only contained, on the part of the High France is entertained of British magnanimity; Powers, a renunciation, on their account alone, and I look forward with confidence to what, of a right of search after persons, which is on this occasion, your understanding and your not authorized by the Law of Nations; equity will suggest to you, whilst, on the contrary, it is evident that (Signed.) La Maréchale Ney, Princess those who stipulated for the French Army of Moskowa. a a 543] HOUSE OF OOMMONS, Bill for securing the Liberty of the Subject. (54+ Spanish privateer,' occasioned Hoffman | verdict, it might be demurred to-but Ruper to be put on board bis vessel, here the affidavit, although the return be where he kept him confined. A writ of false, did away with any farther proceed. Habeas Corpus was sued out; but, as it ing at that time. It might be said that was returnable in vacation, no obedience there was a remedy. But what remedy was paid to it, and Hoffman remained a could a married woman have against her prisoner, from the 7th of April to the 5th husband, if he made a false return? What of May. He was not only deprived of remedy could lady Ferrers or lady Strathhis liberty, but his life was absolutely in more claim? But even, where an action danger. One of the judges, who in his could be brought, he conceived in cases judicial capacity, could not assist the of this description, that no amount of person aggrieved, wrote to the commis- damages could compensate an individual sioners of the customs, to prevent the for the loss of liberty. It might be said sailing of the privateer, and, but for this that an alteration in the law would be humane interposition, the case would pro- dangerous, in cases of lunatics or persons bably never have come under the conside- just recovering from a state of mental deration of any tribunal whatever. The rangement; but the committee had proother instance was different in its cir- | vided for this, by recommending that the cumstances. A girl of very tender years judge before whom such persons were was seduced from her mother; a writ of brought, should be empowered to give Habeas Corpus was sued out to recover such directions concerning them as the possession of her person; but as it was necessity of the case might seem to rereturnable in vacation, it was disobeyed. quire. The learned serjeant then read Here there was another remedy. . The the following Resolutions:girl was a minor, and possessed of property. 1. “ That a power to compel obeShe was, therefore, made a ward of chan- dience to Writs of Habeas Corpus ad Subcery, and by the authority of that court, jiciendum, returnable in vacation, is essenshe was rescued from those by whom she tal to the satisfactory administration of had been enticed away. These two cases the law. had come before the committee, and, no 2. “ That provision should be made doubt, had it been thought vecessary to for the summary inquiring into the truth search after others, many more might of the facts contained in the return to have been found. But the fact that, Writs of Habeas Corpus ad Subjiciendum, except in term time, the act of 31st Charles where the detention is admitted and jus2, gave no power to compel obedience to lified; and that power should be given to the writ of Habeas Corpus, seemed, in the court or to the judge before whom such his opinion, a sufficient ground for writs are returnable, to discharge the peramending the law. The learned serjeant sons imprisoned or detained, on bail, durthen adverted to the conduct of earl Fer. ing sach examination or inquiry, or in rers, who had disobeyed a writ of Habeas cases that may appear to require it, to Corpus, returnable in vacation, which was make such order for the case, custody, or sued out for the purpose of procuring the dispositions of the persons so imprisoned or Jiberty of his lady. When they considered detained, as the court or judge shall think the paroxisms of passion to which that proper." unfortunate nobleman was subject, they The question having been put on the must conclude, that the care of Providence, first Resolution, and not the perfection of the law, had The Attorney General professed, that saved her. Another case was that of lady till he heard the speech of his hon. and Strathmore. Here, too, the writ was learned friend, he could not have anticireturnable in vacation. The consequence pated that his present course was the one was, that a long period had elapsed before he meant to pursue. After what had Mr. Bowes was compelled to give up her passed in the committee, he conceived that ladyship. But this was not the only his object would have been to bring in a deficiency, in the existing state of the law. bill, instead of moving the present resolu. When a return was made, no power was tions. If he had followed that mode of given to examine into the nature of that proceeding, he would have stated his obreturn. This was a point complained of jections to particular provisions of the bill, not only by the officers examined before if they occurred, and the improvements the committee, but by the judges, in the that might be suggested in the course of year 1755. Where a jury brought in a discussing it. The Attorney-general pro 主 1 |