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your lives and property to the utmost danger. The insurgents routed, conquered, and dispersed, leave you at the mercy of the French army. The bishop of this city has taken advantage of all the influence which he possessed from his dignity and exalted situation,' to incite the mob to sedition, and the latter compelled peaceful persons, whose only wish was tranquillity, to march at their head; these persons have quitted their homes, and dare not return, lest they should be persecuted as rebels. The general of division, commanding in St. Andero, considering that the violence of an ignorant and barbarous mob has been the only cause of the step they have taken, invites them to return to their homes, to appear with their arms, and promise fide. lity and obedience to his majesty, king Joseph Napo eon, their sovereign, in which case they shall enjoy perfect security and remain unmolested. Within the term of four days, reckoned from the date hereof, the seals shall be put on the goods and effects of such persons as shall remain absent, and their

ir property shall be confiscated for the benefit of the state.-MERLE.--General of division, commanding the French troops.— BONIFACIO RODRIGUEZ DE LA GUERRA, PEDRO FERNANDEZ NICTO, Sec

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king should not have nominated that one of his daughters who has male issue, then to him whom he shall appoint by his will, either among his relations, or among those whom he shall deem most worthy to rule over Spain. This nomination shall be delivered to the Cortes for their acceptance.-4. The crown of Spain shall never be fixed upon the same head with any other crown-5. In all the edicts and laws, the title of the king of Spain shall be D. N.-by the grace of God, and the constitution of the state, king of Spain and the Indies.-0. The king on his accession to the throne, er on his attaining his majority, shall take an oath to the Spanish people on the gospel, in the presence of the cortes, the senate, the council of state, the council of Castile, the archbishops and bishops. 7. The form of the king's oath is :--- I swear, on the holy evangelists, to reverence and cause to be reverenced our holy religion; to maintain the inviolability of the Spanish territory; to reverence and cause to be reverenced, the liberty of the person, and to govern alone for the welfare, happiness, and glory of the Spanish nation."

TITLE III-OF THE GOVERNMENT.

8. The minority of the king shall last till

Sketch of Buonaparte's New Constitution for he has attained his 13th year. During his

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2. Prince Joseph Napoleon, king of Naples and Sicily, is king of Spain and the Indies.- 3 The crown of Spain and the Indies shall be bereditary in the male issue lawfully begotten of the body of the said prince, according to seniority of birth, to the perpetual exclusion of females.-In default of such issue male, lawfully begotten of the prince Joseph Napoleon, the crown of Spain shall descend to us and our heirs male, and legal successors, either of our body, or by adop tion.-In default of such our male descendants and lawful successors, to descend to the issue male and lawful successors of Prince Louis Napoleon, king of Holland And in default of such male descendants and lawful successors of prince Louis Napoleon, to the issue male, and lawful successors of prince Jerome Napoleon, king of Westphalia. And in default of these, to the first born son, before the death of the last k of the eldest daughter of those who lave ale issue, and to his male descendants, Alawal successors; and in case the last

minority there shall be a regent of the kingdom.-9. The regent must be at least 25 years old.-10. The regent shall be nominated by the preceding king, among the infantos who have attained the age mentioned in the preceding article. 11. In default of nomination by the preceding king, the regency belongs to the prince the farthest removed from the throne, according to the law of succession, and who has attained the age of 25 years.-12. In case the prince furthest renioved from the crown shall be in a state of minority, the regency belongs to the next prince, who shall coatiuue to exercise his functions till the king shall have attained his majority.-13. The regent is not personally answerable for the acts of his administration.-14. All the acts of the regency pass in the name of the minor king.

15. The yearly revenue of the regent shall be one-fourth of the income of the crown.-16. In case the preceding king shall have nominated no regent, and all the princes shall be minors, then the govern ment shall be carried on by the ministers who form the council of government.-17. All state affairs shall be determined by majority of votes in the council of government.-18. The regency has no right to the personal custody of the king, dating his minority.-19. The care of the king during

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21. The palaces of Madrid, the Escurial, St. Ildefonso, Aranjuez, D'El Pardo, and all the others now forming part of the property of the crown, together with the parks, woods, domains, and estates of what kind Boever, constitute the property of the crown. The revenues accruing from the said property shall be paid into the treasury of the crown; and should they fall below the yearly sum of a million of hard piastres, an addition of hereditary property shall be made, so as to make good the revenue to the amount stated.

22. The public treasury shall annually pay over to that of the crown, a sum of two millions in hard piastres.-23. The king's sons, on attaining the age of twelve years shall receive the following annual revenues in the name of subsistence money, viz.: the heir apparent, 200,000 piastres; each infanto, 100,000 piastres; and each infanta, 50,000 piastres.-24. The dowry of the queen is fixed at 400,000 piastres, and shall be paid out of the treasury of the crown.

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TITLE V.OF THE OFFICERS OF THE ROYAL HOUSEHOLD.

25. The chief and grand officers of the royal household are six in number,a grand almoner, grand chamberlain, grand cupbearer, grand master of the horse, grand huntsman, and grand master of the ceremonies.-26. The noblemen of the chamber, the steward's chaplains, and equeries, are officers of the royal household.

TITLE VI.

27. There shall be nine ministerial departments, viz. of police, religion, foreign af fairs, internal affairs, domains, war, matine, the Indies, and general police.-28. A secretary of state, in the character of minister, shall sign all acts of government.

29. The king may commit several ministerial functions to one minister.-30. There is no other precedence among the ministers than what results from their priority of nomination in point of time.-31. The ministers, each in his own department, are responsible for the execution of the laws, and of his majesty's orders.

TITLE VII.—OF THE SENATE.

32. The senate is composed, 1. of the infants of Spain, being 18 years of age.

2. Of twenty-four individuals, specially appointed by the king from among the ministers, captain-generals, ambassadors, councillors of state, and members of the council of Castile.-33. The existing councillors of state are members of the senate. No new nomination shall take place until they are reduced below twenty-four, as regulated by the preceding article.-34. The president of the senate is appointed by the king. He is chosen out of the senate, and his functious last for one year. 35. The senate meets by the command of the king, or on the application of the junta, or one of its officers for internal affairs.-36. In the case of an armed insurrection, or of apprehensions respecting the safety of the state, the senate may, on the proposition of the king, suspend the operation of the constitutional act in a particular district, and time to be limited.

[The remaining articles of this title, and those of the 8th title relative to the council of state, contain little that is of general interest. The king presides in the conncil, which is to consist of not less than 30, nor more than 60 members, divided into six sections, viz. those of justice, religion, internal affairs, police, finance, war, the marine, and the Indies.?

TITLE IX.

57. The cortes or juntas of the nation are composed of 150 members, divided into three estates or orders, namely those of the clergy, nobility, and people.-58. The order of the clergy shall consist of 25 arch bishops or bishops.-59. The order of the nobility shall consist of 25 nobles, who shall have the title of Grandees of the cortes.— 60. The order of the people shall consist of 40 deputies from the provinces, 30 from the principal cities, 15 from the merchants, and 15 deputies from the universities, to con sist of the most celebrated for their attainments in the arts and sciences.-61. The archbishops or bishops constituting the order of the clergy, shall be raised to the rank of members of the cortes, by a writ sealed with the great seal of the state. They cannot be divested of their functions, but by virtue of the sentence of a competent court, pronounced in due form.-62. The nobles must possess an annual income of at least 200,000 hard piastres, and have performed great services in the civil or military departments, to qualify them for being elevated to the rank of grandees of the cortes. They shall be raised to the rank by a writ stamped with the great seal of the state. They cannot be divested of their functions but by the sentence of a competent

court, pronounced in due form.-63. The deputies from the provinces shall be nominated by the same, in the proportion of at least 1 to 300,000 inhabitants; for this purpose the provinces shall be divided into so many elec tive districts as shall be necessary to furnish the population giving a right to the election of a deputy-[The articles from 64 to 70 inclusive, contain the forms to be observed in electing the deputies of the people, the commercial bodies, and the universities.J71. The cortes shall assemble upon the summons of the king. They cannot be adjourn ed, prorogued, or dissolved, but by his or ders. They shall meet once, at least, in three years.-72. The president of the cortes shall be appointed by the king, but shall be chosen out of three candidates to be rominated by the cortes by ballot, and an absolute majority of votes.-73 and 74. On the opening of such session, the cortes shall nominate three candidates for the presidentship, two vice presidents, two secretaries, and three committees, each to consist of five members, viz. a committee of justice, of internal affairs, and of finance. -75. The sittings of the cortes shall not be public. Their votes shall be taken by ballot. 76. Neither the opinions nor votes shall be printed or published. Any act of publication, in print or in writing, by the assembly of the cortes, or the individual members thereof, shall be regarded as an act of insurrection-77. The alterations to be made in the civil or criminal code, or in the system of finance, shall be laid before the cortes for their decision thereupon, by the orators of the council of state-80. Should the cortes conceive themselves to have just grounds of complaint as to the conduct of any of the ministers, a petition, containing their alledged grievances and suggestions shall be carried by a deputation to the foot of the throne. The king shall appoint a commission, consisting of six councillors of state, and six councillors of Castile, to examine into the said petition.-81. The decrees of the king, issued in pursuance of the decision of the cortes, shall be introduced with the formula" upon consulting the cortes."

TITLE X.-OF THE SPANISH COLONIES IN AMERICA AND ASIA.

82. The Spanish colonies in America and Asia shall enjoy the same privileges as the mother country.-83. Each kingdom and province shall always have deputies at the seat of government, charged to watch over their particular interests, and to serve an their representatives in the cortes.-81. These deputies are 20 in number, viz two from New Spain, two from Peru, two from

the new kingdom of Granada, two from Buenos Ayres, two from the Phillipine islands, one from the island of Cuba, one from Porto Rico, one from the province of Venezucla, one from Chareas, one from Quito, one from Chili, one from Guatimala, one from Guadalaxara, one from the interior western provinces of New Spain, and one from the eastern provinces.-86. The said deputies shall exercise their functions during the period of eight years; and if upon the lapse of the same their successors shall not have yet arrived, they shall retain their functions until their actual arrival.

TITLE XI OF THE ADMINISTRATION
JUSTICE.

OF

87. Spain shall be governed by one and the same code of civil laws. 98. The administration of justice, is independent.-89. Justice shall be dispensed in the name of the king, by judges and courts of justice to be appointed by his majesty. All courts claiming particular privileges, and all the exclusive jurisdictions of any orders or seigniories whatever, are abolished-[The remaining articles under this head contain nothing of general interest.]

TITLE XIII.-GENERAL REGULATIONS.

107. There shall be a permanent alliance by sea and land, offensive and defensive, between France and Spain. The contingent to be furnished by each of the respective powers, in case of a continental or maritime war, shall be regulated by a separate treaty. -108. Foreigners who have performed, or may hereafter perform, great services to the state; who may prove useful from their talents, inventions, or zeal and activity; who may form great establishments, or pur chase funded estates paying a tax of fifty hard piastres, are admissable to the rights. of naturalization in Spain. The king confers this indulgence through his minister for internal affairs upon consulting his council of state-109. The residence of every inhabitant of the Spanish territory is an inviolable sanctuary. It can only be entered in the day time, and for a purpose com manded by law, or in execution of an or der issued by the public magistracy.-110. No person domiciliated in the Spanish territory can be arrested, except in the actual commission of a crime, or by virtue of a lawful warrant in writing.-111. In order to the execution of a warrant of arrest, it is necessary 1. that the reason of the arrest shall be formally set forth therein, and that it shall state the law enjoining the same. 2. That it shall be granted by an authority for mally empowered by law to grant it. 3. That its contents shall be communicated, and

a copy thereof given to the person to whom it applies.-112 No jail or prison keeper can receive or hold any one in custody, without entering in his register a copy of the warrant or commitment, indictment, or sentence, or, in a word, every order whatsoever in virtue of which he holds the person in custody -113. Every jailer or prison-keeper shall be compelled, and no order whatever shall be considered as an impediment, to bring his prisoners as often as he shall be required to do so, before the magistrate charged with the affairs of the police.-114. The relatives and friends of the prisoner shall not be prevented from entering the prison, upon their producing an order from the magistrate. A specific order from the judge to the jailor, can alone justify the detaining of a prisoner in close custody. 115. Persons not authorised by law to issue warrants of commitment who shall give orders for arresting, or cause to be arrested, any person whatsoever, as well as those who, in cases of legal arrest, shall detain the prisoner in any place not known as a legal jail, and all jailors contravening the three preceding articles, are guilty of the crime of arbitrary imprisonnent.-126. The present constitutional statute shall successively, and according to the importance of the respective articles, be carried into execution by royal decrees or edicts, so that the whole shall be in operation before the 1st of January, 1813.-127. The freedom of the press shall be regulated two years after the constitutional statute shall have been in operation. The cortes shall pass a law respecting the freedom of the press. (To be continued.)

ration was that, after a short action, the enemy's troops were surrounded, and two officers,

five non-commissioned officers, and 93 rank and file were made prisoners, and one officer and two men killed. The magazine, consisting of a very considerable quantity of cats, grits, meal and bread, was taken, but want of horses has hitherto prevented me from removing it for the use of the army MAURICE KLINGSPOR, Field-Mirshal and Commander of the Finnish Army, General Vegesack's Retort to his Royal Majesty, dated Island of Kario, Jane 21,

1808.

General Vegesack reports, that he made himself master of the different islands in the inlet of Abo, stationed strong armaments on Kuste and Kaxkerta, the nearest of them, and distributed his force in small bodies on every isle and rock, so as to seem formidable, aad make the enemy believe that the main attack was meant upon Abo; but fearing that this alone should not have the desired effect of drawing the Russians from the North, he determined to make a landing, which he accomplished on the 19th, at the point of Lemo, under the protection of the well directed fire of the gun-boats, which came close ashore, and soon forced the Russians to make room for the Swedes. General Vegesack now proceeded to the pass at outer Lemo, on the high road to Abo, having three guns and one thousand five hundred men, Here an affair began which lasted fourteen hours and a half, the Russians endeavouring to dislodge him. But seeing great bodies of Russians, mostly cavalry, hourly pouring in, and hearing from a Swedish non-commissioned officer, who in the night had made his escape from Abo, that the Rus sians, already 10,000 strong, were advancing from all quarters, and that they took In my last report, of the 9th inst. I his corps to be only the avant guard, he humbly stated to your majesty and the Fin-judged that he had attained his purpose, and nish army, that I found it necessary to send re-embarked under the same protection of reinforcements to Hemmango, in order that the gun-boats. His loss in killed and I might be better able to make such arrange- wounded he states to be 194 men, including ments as circumstances should require. I officers. His adjutant, Baron Ramsay, was thought it expedient to remove the head-killed. Barons de Geer and Adelsyard, of quarters to this place. In consequence of the volunteers, wounded. information having been received, that the soldier-like conduct of this latter corps, enemy was forming a considerable maga- whom he now had the honour the first time zine, which was nearly completed, I order- to lead to battle. In the night of his landed major Ticandt, at the head of 200 men, ing, 107 young men, of whom 66 were to dislodge the enemy from his position near soldiers of the garrison of Sweaborg, flew Perha, and render himself master of the to his standard, and embarked with him.above magazine, the result of which ope- (Stockholm Gazette.)

SWEDEN.

Report from Field-Marshal Count Klingspor, to His Royal Majesty, bearing date, Head-Quarters, Hemmango, the 14th of June.

He praises

Printed by Cox and Baylis, Great Queen Street; published by R. Bagshaw, Brydges Street, Covent Garden, where former Numbers may be had: sold also by J. Burd, Crown and Mitre, Pall-Mall

the

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VOL. XIV, No. 5.]

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LONDON, SATURDAY, JULY 30, 1808.

[PRICE 10D.

By the law of England, there is no impunity to any person, publishing any thing that is injurious to the feelings and happiness of an individual.. No man has a right to render the person or abilities "of another ridiculous.. It has been observed, that it is the right of the British subject to exhibit "the folly or imbecility of the members of the government; but, gentlemen, we must confine ourselves "within limits. If, in so doing, individual feelings are violated, there the line of interdiction begins, and "the offence becomes the subject of penal visitation." - Report of Lord Ellenborough's charge to the jury, upon the Trial of Mr. Cobbett for a libel, in May 1804. See Political Register, p. 854, and the following ones.

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1613

SUMMARY OF POLITICS.

LIBEL LAW.-After the trial, mentioned in my motto, took place, there were, as the public will remember, several papers, published in the Morning Chronicle, shewing the dangerous tendency of the doctrine laid down by the lord chief justice. A great orator and statesman observed to me, at the time, that neither I nor any other writer could now, with impunity, mention the name of any man, unaccompanied with praise; "for," said he, "to name him "without praise may injure his individual "feelings; to injure his individual feelings "is to pass the line of interdiction, and to expose yourself to penal visitation; there"fore, you are reduced to this simple al"ternative: name no one,point out no one, "hint at no one ; or, bestow upon him posi"tive and serious praise." That this was the case is evident; for, how is it possible to ridicule the folly or imbecility of any man, without violating his feelings? and, if this be a necessary consequence with individuals in general, must it not be so with those persons, who are members of the government, and who have the eyes of the whole nation fixed upon them, while they have, at the same time, rivals for power, who are anxiously watching for every opportunity of exposing and exaggerating their follies and imbecility, in order to oust them, and to get their power and their emoluments? Upon the effects which doctrine like this, must have upon the interests of a nation, I will speak by-and-by, after having introduced a recent Trial, which will be found, I believe, to have originated in, this very doctrine.—It was observed, at the time, that the Reviewers were' in a very perilous way; for, that, if "no "man had a right to render the person, or "abilities, of another ridiculous," it was clear that the reviewers of books ought to have a bit of their ears taken off once a month, at least, and that, in general, they would be exposed to a double or a triple cropping. What a glorious doctrine for dull and senseless authors! And, what abomi

[162 nable, what atrocious unhanged libellers, were the Popes and the Gays and the Swifts! What a misfortune for the poetasters and sycophants of their day, that they did not live in ours! This is the light, in which a person, named SIR JOHN CARR, appears to have viewed the doctrine. He is, it seems, the author of a work called, "The Stranger

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in Ireland," which, as is stated in the report of the trial, was published some time ago, by SIR RICHARD PHILLIPS, one of the present Sheriffs of London. He has another work in manuscript, entitled "A Tour

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through Scotland," which work also had been carried to the same shop; but, Sir Richard declined purchasing the Tour, because he thought its sale would have been prevented by the effect of a work, published by Messrs. HOOD AND SHARPE, booksellers in the Poultry, in which work the abilities of Sir John Carr were ridiculed and exposed to contempt. Well, then, said this knight of the quill, finding myself injured, not only in my feelings, but in my interests too, by this critical work, in which my folly and imbecility are exposed, I will e'en apply to the law; these men are libellers 'faith, and I will have ample damages from them. On the

25th of this month the trial came on, and the following is the fullest report that I can find of it in the news-papers.—

"Mr. GARRow stated this was an action "for damages. The plaintiff (sir John Carr)

was a gentleman who had been originally "intended for a barrister, but on account "of ill health was advised by his physicians "to travel. He did, and thought proper "to make his travels useful, by taking "notes of whatever he saw remarkable, "and afterwards publishing them for the "amusement of the public; and he also "derived a considerable emolument from "the sale of those publications. The defen"dants are booksellers, who had published a book called MY POCKET Book, or "Notes for a ryghte merrie and conceyted "Tour through lieland by a Knight Err int,"

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