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LAW INTELLIGENCE.
COURT OF KINGS BENCH, Frtruary 11.
CRIMINAL INFORMATION.
“Mr. Harrow said that he vas instructed to
epply to the court for leave to file a criminal
information for a libel. He made this mo
tion on be half of Marquis W llcsiy, who
lot a considerable time, having filled the dis
tins,■ ii-lit;rt office of go\< rnorof India, returned
to England, expecting to ivccive the unnani
inous approbation of his country, lie had not
however, long arrived, v lien la- found persons,
whom it would be a waste, of the time ot the
court to name, who made his lordship the con
stant subject of libels, but which he passed bv,
reiving partly upon the insignificance of their
authors, and partly upon his own exalted rhar
v.r ix r. Os whate m i - import the speeches de
livered during the contested elections .might
be. lord Wr.ilt slrv had always left them unno
ticed, thinking that they were delivered in a
moment of irritation, lint there was a period
when forbearance ( eased to be virtue, and when
the honor of an individual rendered it necessa
ry that the defamations should ho put an end
to. That time was now arrived, and the Mar
quis WcUesly came before their lordships to
intreat. their interference. The libel complain
ed of was published in a newspaper, as tke re
port of a speech delivered at the Middlesex
club, at the Crown and Anchor tavern. It is
wholly unnecessary to state, whether such an
address was or was not made, since the libel,
as inserted in the newspaper, was not only an
insult offered to the noble marquis, but also to
tin character of the speaker, as the learned
council was convinced that it could not have
been uttered by a man of honor or respecta
bility. The moderation shewn by lord We llcs
iy, had, however, been attended with some
bad consequences, for it had increased the
broad of libellers, with which the metropolis
was already over run; and as this was not the
first, neither could it be the last prosecution to
bring to justice those who made it their itiler
< ,t to stain the unsullied character of others.—
li the, newspaper above alluded to, Mr. Pauli
v.'us represented to have returned thanks to the
tret holders ot .Middlesex for the honor they
ji td dona him; to have adverted to the cntlea-
V ’ S he had made to bring to justice that great
and : lfpicnt the marquis WcUesly. He said
that hi; motive in prosecuting the impcach
i, .it was not from private malice, but from
ideas of public justice, in dragging forward a
i son who was guilty of the most lavisshed
profusion of the public money, and of a most
w niton and atrocious murder perpetrated upon
:.,i independent prince, who was forced irorn
liis throne into a dungeon. The passage from
the dungeon to the grave was not long, for he
ww murdered by tlie marquis, and the bloodv
robes was sent to the mother of the victim as
proof of the commission of the crime. The
leanr l counsel thought that the court would
consider that the noble applicant was fullv au
thorised in appearing before tluir lordships,
and would grant the object sought by the mo
tion, against the printer, publisher and proprie
tors of the paper in question. Rule to skew
cjute granted.
liniTlSl! POHTT.n.
Sir Vieary Ciibbs applied for a rule to shew
cause why a criminal information should not
he hied against the proprietor of a daily news
paper, for the publication of a libel upon all the
porter brewers of the metropolis. The inten
tion of the paragraph was to represent that the
potter drunk in this city, was compounded
* iii ‘iiy of strong narcotic poisons, exceedingly
destructive of the health of the inhabitants.
Although the libel was of a very general na
ture, without attaching itself upon particular
. ulividuuls, yet it was in such a form, that the
court would not hesitate in granting the infor
nwioii, when they considered that it was capa
ie of overthrowing the whole trade. It was
Mated in the libel, that the chief ingredients
composing London porter, were Opium .Soi.t
----v; w, or night-shade ; Datura or
thorn apple; Cijnoglossum, or hounci’s-tongut ;
('■idicut Indieu* , Aux Vomica, and tobacco;
and the publications attributed most of the ap
poplexicsin Londctfitothe use of this beverage ;
further, lest the dictum of the author should
n t be suffii iently satisfactory, it stated, that
Mich was the opinion of the most learned phy
sicians. Sir Vieary Gibbs added, that his in
ructions were, received from almost all the
principal porter brewers of the metropolis, who
nil deposed that their beer was never brewed
with any of'the ingredients chained in the li
bel, but solely with mult and hops. The learn
ed counsel said he had likewise to make the
same motion against five other newspapers.
The court desired that one of the affidavits
containing the denial above stated, should be
rend, and likewise directed that an affidavit
should be prepared, signed by the applicants,
in which it should be stated, not only that the
porter was brewed without containing unv of
the poisonous ingredients, but also that it was
not sold when compounded with them. Until
this was done, a rule nisi to shew cause was
granted.
Princes* cf 1 Pdes —Arrangements, it irsaid,
had been made fur the publication of the mi
nutes of the proceedings before the commissi
oners, including copies ot several letters irom
n illustrious personage ; but. contrary to the
•most earnest wish and pressing entreaties ol
her royal highness, it has been determined,
from motive* of state pokey, not to give pyWicu
uou to the report—Ac ndo't p ,/, - .
LONDON, February 23.’
It V7ps rumoured yesterday, that Austria had
declared war against Trance, and that official
advices of this important determination had
been received by government. It would af
ford us the highest satisfaction to he able to
confirm so pleasing an article of intelligence;
but we fear the Trench army in Poland is not
yet so much reduced as to encourage the court
of Vienna to assume a line of conduct which
must end ina war of extermination with Trance,
However pacifiic the disposition of the cabinet
ol Vienna may be, it is impossible that Austria
can enjoy the blessings ofpeacc one year long
er. II the Russians prove victorious, she must
makeacommon cause with them; should they
unfortunately be worsted, she will have to light
lor existence.
The exertions making by the emperor of
Russia for the vigorous prosecution of the war
are every v.ay worthy the magnanimity of that
monarch, and the immense extent and physical
re: ourecs of the country over which ho rules.
He has issued an order for the establishment
of a militia for the defence of the country, in
case ot necessity, over and above the, regular
army. Os the 42 governments into wihich
Russia is divided, 30 of the most populous and
the most exposed lac. a bean ordered to cinlxi
<U this militia without delay, according to a
plan submitted to them. The number of men
thus to be armed and equipped, is 612,000;
and the other ten governments not enumerated
arc to supply provisions, anus and ammunition,
according to their means.
Lc Courier privateer, of Dunkirk, captain
Scgur, has retaken from the Lnglisli a llatn
hurghese three-masted vessel, laden with up
wards of eight hundred casks of wine, one hun
dred and seventy-live pipes of brandy, and a
quantity of dried fruit, syrup and corks. This
vessel had bee n stopped and taken possession
of by L’Amiable, English frigate, lit the en
trance of the Kibe, and the commander had
put on hoard her an English officer and six
sailors, with a written order to take her as soon
as possible into an English port; it was in this
situation that the Kamburghcr, after beating
about ill sea for forty days, was fallen in with
and taken by Le Creole, who.carried her into
1 lushing on the 1 Jili ult.
Tolmiarv ’2.
Not only the regular men in r.l! the navy
yards aie ordered to work double tides, but
hesh gangs of carpenters arc sent to all the
merchants’ yards; and great exertion is mak
ing throughout the kingdom to equip for sea
every kind ol ves r 1 calculated to carry troops.
It is expected that attempts will lie made on
various and distinct quarters in Trance, while
the French have so great -an army in Prussia
and Poland, and so many Prussian prisoners in
Trance. The Trench troops which luid pass
ed the Oder on the 22d of December last,
amounted to 280,000 men.
It is supposed, that madarnc Bonaparte's re
turn to Paris is the forerunner of Bonaparte’s
return ; but we hardly think he will quit War
saw or Berlin immediately. lie is at present
almost as much occupied w ith negotiations as
with military preparations. Every litre and
inducement has been thrown out to induce the
king of Prussia to make a separate peace. On
a sudden his tone’, with respect to that monarch
and his beautiful queen, has changed. Wc
find none ol that coarse and unmanly abuse, j
which he indulged in the first moments of his
triumph and his victory ; and our readers did
not fail to remark the compliment paid to M.
de Zastrow, the new Prussian minister for fo
reign affairs. The mission of baron Vincent
is supposed to relate to peace ; and it is added,
that he has been directed by the court ot Vi
enna to assume a tone of vigour and decision
to state definitively, dint the emperor Francis
saw the present state ot ins Polish subjects
v ith just apprehensions ; and that nothing
would so ofiectually tranquilisc the reciprocal
fears of his majesty and his faithful subjects, as
some proof of the emperor Napoleon's mode
ration in acceding to the offered negotiation of
his Prussian majesty. Upon this rumor, how
ever, we must observe, that his Prussian ma
jesty has pledged himself not to make peace
but in concert with the emperor of Russia, who
does not seem disposed at present to enter into
any negotiation. *
We. arc very sorry to sec, by accounts from
Dublin, that an intention seems to be enter
tained of presringme discussion of the Catho
lic question again this session. V/hen the Ca
tholic question was brought forward in 1805,
we deprecated the discussion of it: we equally
deprecate it now : and wc shall think it our
duty to support the ministers in resisting every
attempt that may be made to induce them to
bring forward the Catholic question at pre
sent.
A gentleman deceased in Scotland lately, has
bequeathed 12001. to be paid to the person who
shall write and lay before the judges he has
appointed, a treatise which shall by them be
determined to have the most merit, upon the
following subjects, as expressed in his will,
viz.
“ The evidence that there is a bf.ins. all
powerful, wise and good, by whom every thing
exists, and particularly to obviate difficulties
regarding the wisdom and goodness of the
deity ; and this, in the first place, from consi
derations independent of written revelation ;
and, in the second place, from the revelation of
the Lorti Jesus ; and, from the whole, to point
out the inferences most necessary for, and use
ful to mankind.”
The ministers of the established church of
Aberdeen, the principals and professors of
King’s and Mureschal’s colleges of Aberdeen,
and the trustees of the testator are appointed to
nominate and make choice of three of the
judges.
MILITARY AFFAIRS IN POLAND.
There appears to be a considerable differ
ence of opinion concerning tire battles lately
fought between the Trench and Russian armies.
The Trench Bulletins speak of a complete
victory, and support their claim,by the capture
of eighty pieces oi cannon, six thousand pris
oners anti the field of battle. The Russians
merely say, that tiiey heat back and defeated
to Trench army of 50,000. This victory as it
is claimed and called hv the Russians, was at
Pultiisk, and general Benningscn does not pre
tend, that he was opposed by more than 50,000
French troops. The French accounts say,
that immediately after the battle ofPultusk, the
united Russian armies were defeated at Gollv
min—and other English accounts admit, that
each of the armies amounted to 140,000. So
that the battle alluded to in that account, could
not be the same, concerning which, Benning
sen admits that the Trench had 50,000, and no
more.
Bcnningsen’s army of 30,000, of Tolstoy of
20,000, were united at PuStusk. Even iftiiev
dici beat back 50,000 Trench in their first onset,
it does not afford cause for a triumph—Suit
when these armies were afterwards united
with Buxwoden’s, the whole force was from
170 to 130,000 men—the numbers of the
French armies is not known, the English say,
140,000, as it is customary in London, to pub
lish erroneous statements, concerning the
French armies, it will not he believed, that
they exceeded that number—the tame ac
counts shew, that the Russian armies were
but little, if any tiling short of 180,000.
These armies have fought the French, wea
ried with incessant and hard sevvices ; the Rus
sians fresh, and as their friends pretend, anx
ious for the combat.
If this explanation he correct, or substantial
ly so, what-chance will the Russians have in
the next campaign, when the French armies
will be reiafoiced, the men in fine spirits, the
cavalry in good order, and their numbers equal
to their enemies. It requires no foresight to
determine that they will be beaten, destroyed,
captured or dispersed, as was lately the fate
of the Russians. The French troops alone
arc adequate to the task, without estimating
the services of at least 100,000 men from Ba
varia, Wertemburg and other confederate
states of the Rhine, or the volunteers es Po
land, who in all probability will be still more
numerous.
It is the best policy of every politician, let
his wishes -be what they may, to understand
the truth. It is for this purpose only, that
this explanation has been written. AY hen it i*
seen, that the French head quarters are at
Warsaw, that reinforcements daily arrive, that
the Poles are in commotion, that a requisition
is called out from France, and that the whole
Russian forces have either retired from or
failed to drive back 140,000 men, fatigued with
severe duty, it cannot be believed that the same
Russians will successfully oppose three or four
times as many.
FROM THE AURORA.
The Russians appear desirous of diverting
Bonaparte towards Turkey—it is not very im
probable that lie may take the path pointed
out by Catharine 11. thro’ Cherson, where she
caused to he written, “This is the road to
Byzantium.”
From Warsaw to Cherson is about the same
distance as from Warsaw to Amsterdam ; or
about the same distance as from Paris to War
saw—and, moreover, there is water carriage
nearly the whole route. By the canal which
unites the Bug with the Priepecz, which falls j
into the Dneipter, and the Okinsky canal,
which unites the Mcmel river with the Prie
pecz, there is commodious carriage to the ca
taracts on the Dneipter, at Ekaterinosiaw ; and
the portage there w ould not be of such mo
ment as to retard a numerous army. The
grain and the black cattle of the Ukraine, be
ing at the command of revolutionized Poland,
there is great probability, that Bonaparte would
prefer this short rout ; and if his army were
required to cover a long line in front, the
course of the Bog and Dneipter which run in
nearly the same direction, and fall into the
Euxine, would afford accommodation down
their several streams, and vender it necessary
to the Russian army to fight or abandon Mol
davia, and Bessarabia, and even Budsiac Tarta
ry, about which the British ministry made
such formidable preparations a few years ago,
on the question concerning Ockzakoff.
Should Bonaparte pursue this course, with
the same success that has hitherto attended
him, the path to India would be open and un
interrupted to him.
The finest forests of ship timber on earth,
are on the banks and neighbourhood of the
Dneipter— masts, hemp, tar, tallow, oil, corn,
are in abundance in that route. The French
had agents who procured timber in that coun
try ten years ago. The survey of the Euxine
by the engineer Beauchamp was executed at
that time, and many errors in the latitude and
longitude on the drafts that pre-existed in old
maps, were corrected at that time.
It is only five days passage from Odessa, in
the Euxine, at the mouth of the Dneiper, to
Constantinople.
Those who w ish to possess very accurate
and interesting information on this subject
should read Oddy’s work, now publishing by
Mr. Humphreys of Philadelphia.
Indeed it is impossible that the sagacity of
the French statesmen should overlook such re
sources for ships, colonies an and commerce.
Bonaparte may there once more realise the
•classic apologue of Jason mid the golden
iloseo, auti re- .ore Colchis.
COLONEL BL’RfL
Richmond, (Virginia) March SI.
Yesterday, the examination oi colonel Burs
before chief justice Marshall, commenced at
the Eagle tavern. It was conducted in private ;
no person being admitted but the prisoner,
the officers of the federal court, the council
prosecuting and defending, and the witnesses.
The curiosity of the public was very* much
awakened, and vast anxiety for admission to
this secret was displayed bv multitudes, who
were nevertheless disappointed. The reasons
of this extraordinary mode of proceeding, are
variously represented. Some say, that the
chief justice consulted the counsel, both for
and against the prisoner, as to their wishes,
with regard to the place of examination ; in
forming them, that it should either at the Cap
itol, or the Eagle tavern, as they might choose ;
and, that they preferred the latter. Others
report, that tiie examination was secret, for
the purpose of preventing persons, who might
be on the venire on his trial, from previously
making up their minds on the subject. But
we humbly conceive no good reason can be
given for introducing in a free country, a prac
tice so similai to that of the holy inquisition
in Spain. On this.day, wc are informed, that
the investigation is to be publicly continued,
or renewed at the capitol, and that the counsel
on Ixjih sides, are to argue tlie case. Mr. Rod*
nev, the Attorney-General of the U. States,
and Mr. Hay, arc to conduct the prosecution,
and Messrs. Randolph and Wickham are em
ployed for col. Burr.— fir. Argus.
COMMUNICATION.
This day, between the hours of twelve
and one o’clock, the examination of colonel
Burr commenced at the Eagle tavern, in this
city, before chief justice Marshall. A large
number of citizens hud collected, in order to
hear the investigation ; but to the great stir
prise of many of them, colonel Burr, attend*
ed by his counsel, was conducted to a private
room, in a retired part of the house, and the
doors immediately closed. Mono were ad
mitted into the room, but the counsel fer the
United States, and colonel Burr, except one
witness, and two or three gentlemen, the con
nexions of some of the counsel. Considerable
discontent was expressed by many of the citi
zens at this unusual mode of proceeding; but
with that decorum which characterises thes
people of Virginia, no violence of any kind
was offered ; nor was any thing heard but mur
murs of disapprobation. The result of this
enquiry was, that colonel Burr was recognized
in the sum of five thousand dollars, to appear
to-morrow at the Capitol, to be further dealt
with, as the law directs. He had no difficulty
in procuring bail, for the sum demanded.
Messrs. John Gamble and Thomas Taylor,
merchants of this place, were admitted to his
bail.
It is expected, that an animated discussiom
will take place to-morrow.
Richmond , March 30, 1807.
Georgetown, (S. C.) April 4.
We are informed that the rumour, stated i*
our last paper, of an express from colonci Burr
having passed through this place, for the'pur
pose of taking on certain papers supposed to
be in the possession of his daughter, which
would substantiate the charges made by colo
nel Burr against Wilkinson, is incorrect. No
express has been sent on, nor are there any
papers of colonel Burr’s in the possession of
Mrs. Alston.
jCo the Printer of the G corgetoxvn Gnzette.
Sir—Passing through this pisce, on my way
to the Federal City, I happened to take up one
of your newspapers, and was astonished by the
absurd and notorious falsehoods which Mr-
Perkins has introduced into his account, of
what he terms, the arrest of colonel Burr. I
travelled with the colonel from Natchez, was
with him till within half an hour of his illegal
seizure, and had just then separated from him
with an intention of rejoining him in a few
hours. lam able therefore, to contradict the
above falehoocls from my own knowledge, and
being able, I feel it an act of justice to do so.
Colonci Burr was neither in disguise, nor vai
he going to the Spaniards. His dress was as
usual, except that he had on a pair of coarse
overhalls, to preserve his pantaloons from be
ing soiled. He rode on one of the best geld
ings in the western country ; he was in the
high road to Carson’s ferry, on the Tombrgby
river, which is the direct and only road through
Georgia, fcc. to the federal city, to which place
he was proceeding, and was accompanied by-
Mr. Brightweil, the she rift’ of Washington
county, in the Mississippi Territory, whom lie
had engaged to pilot him as far as the ferry*
where he intended to wait the arrival of bis
servants and baggage, who were at some dis
tance behind. It was in this situation he was
stopped bv Mr. Perkins and lieutenant Gains,
with eight or ten men, without the colour of
any civil process whatever, and forceably hur
ried on a journey of more than a thousand
miles ; those who had seized him carefully
avoided every town and village, least their con
duct might be examined into by some judicial
power.
When colonel Burr voluntarily surrendered
himself at the mouth of the Bayou Pierre, ho
entered into recognizance, himself in the sum
of two thousand dollars, and two sureties in the
like sum, to appear before the District Court,
which was to be held shortly afterwards, to an
swer to any bills that might be found against
him. He did appear, ar.d the grand jury found
no bills against him. The colonci then de
manded a release from his recognizance, which
the court refused. Knowing the refusal to bv