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pear to me to be just and satisfactory. For, surely, though it should be admitted to be criminal to publish true facts against a man in some cases, yet it would be less criminal than to publish them if they were false; and therefore, in order to ascertain the degree of the publisher's gilt and to enable the court to impose an adequate punishment, by fine and imprisonment, on him for his offence, it would be reasonable to permit the defendant to produce his proofs of the truth of the facts stated in the published paper, and, if he cannot fully prove them, to state and prove the grounds that he had for believing that they were true. The setting of these matters upon a clear and just foundation is essential to the preservation of that important branch of public liberty, the liberty of the press. I remain your most obedient servant, J. T.— 31st July, 1508.

OFFICIAL PAPERS. SPANISH REVOLUTION.-Appointments of his Catholic Majesty Joseph Napoleon, at Bayonne, 4th July, 1805, continued from page 192.

Colonels of guards.-Their excellencies duke de l'Infantado, colonel of the Spanish guards; prince Caste Franco, colonel of the Walloon guards; marquis d'Ariza, great chamberlain; duke de Hijar, grand master of the ceremonies; Count Ferdinand Nunes, grand huntsman; count Sant Coloma, chamberlain. (All grandees of Spain.)

The following chamberlains have been appointed to attend his majesty in his journey Their excellencies count Orgaz, grandee of Spain; marquis Santa Cruz, grandeef Spain; duke d'Ossuna, grandee of Spain; count Castel Florida, and duke de Sola-Mayor, grandee of Spain.

Journal of Government, 8th July, 1808. Government has received by the vessel which arrived this morning dispatches from Don Sangos, and from the English government, bearing date the 30th of last month, the pleasing intelligence that the said gentleman and Don Freyre experienced the most distinguished reception on the part of the government, and were received with enthusiasm by the nation; further that on the very outset of their negociation they were of fered succour of every description, which will be received within a few days, and that the English government so icits permission to establish a regular intercourse of packets in order to promote a prompt communication with Corunna. The royal government has ordered these happy tidings to be communicated to the public for e thsatisfaction of the

people, and that they may lift up their eyes to heaven, and offer up thanksgiving to the, Omnipotent, who vouchsafes to bestow on them such important blessings.

Proceedings at Bayonne.

On the 7th of July the junta at Bayonne held their 12th meeting. It was the day appointed for the acceptance of the new constitution. In the chamber where they sat were erected a magnificent throne and a richly decorated altar, the service of which was performed by the Archbishop of Burgos. His majesty, being seated on the throne, delivered the following speech:

Gentlemen Deputies-I was desirous of presenting myself in the midst of you previous to your separation from each other. Assembled in consequence of one of the extraordinary events to which all nations in ther turn, and at particular conjunctures, are subject, and in pursuance of the dispositions of the einperor Napoleon, our illustrious brother.--The result of these sentiments will be consolidated in the constitutional act, which will be forthwith read to you. It will preserve Spain from many tedious broils which were easily to be foreseen from the disquietude wherewith the nation has been so long agitated.-The turbulence which still prevails in some of the provinces will cease, as soon as the Spaniards shall have been apprized that their religion, the integrity and independence of their country, and their dearest rights are secured; as soon as they shall discover the germs of their prosperity in the new institutions-a blessing which the neighbouring nations have not obtained, but at the expence of bloodshed and calamities of various kinds.Were the Spaniards assembled here in one body, all of them, as having the same interests, would be animated with the same sentiments. Then should we not have to bewail the misfortunes of those who, misled by foreign intrigues, must be subdued by the force of arms.-The enemies of the continent, by the disturbances which they have excited in our country, expect to become masters of our colonies. Every honest Spaniard must open his eyes, and all must crowd round the throne. We carry along with us the act which ascertains the rights and reciprocal duties of the king and his people. If you are disposed to make the same sacrifices with us, then shall Spain be speedily tranquil and happy at home, and just and powerful abroad. To this we solemnly pledge ourselves in the presence of God, who reads the hearts of men, and rules them according to his good pleasure, and who never forsakes those who love their

country, and fear nothing but their own consciences.

The act of constitution was then read over in a loud voice; and the members of the junta, on the question being put, unanimously declared their acceptance of it.The president delivered a short address in answer to the king's speech, after which the several members took the following oath:

"I swear obedience and fidelity to the king, the constitution, and the laws "-The junta then attended his majesty's levee to pay him their respects upon this occasion. His majesty gave them the most gracious reception, and conversed with them more then we hour.

His majesty set out for Bayonne at Ux in the morning of the 9th, on his journey to Madrid. His majesty the emperor accompanied him for the first post. On the separation of the two sovereigns, the king took into his carriage M d'Azanza, minister of the Indies, and the duke del Parque, captain of the life guards. His majesty entered Spain by Irun, and was expected to reach St. Sebastian's at two o'clock on the same day (the 9th) where he was to remain until the following day. His majesty has near a hundred carriages in his suite.-- The members of the junta set off in three divisions; the first on the 8th, the second on the 9th, and the third on the 10th; each of which will alternately accompany his majesty on his journey The. following is the act of guarantee of the new constitution of Naples:

Napoleon, by the grace of God, emperor of the French, &c. Our dearly beloved brother prince Joseph Napoleon, king of Naples and Sicily, having submitted to our approbation the constitutional statute, which is to serve for the groundwork of political legislation for the kingdom of the two Sicilies, we have approved, and do approve of the said statute, and guarantee its execution on the part of the sovereign and the people of these kingdom. Given at our imperial and royal palace at Bayonne, Jane 20, 1808. NAPOLEON.

The following proclamation has been published here:

The illustrious emperor of the French and king of Italy, our dearest and most well-beloved brother, has transferred all his right to the crown of Spain, conveyed to hia by the conventions entered into with king Charles II. and the princes of his house, between the 5th and 10th of May. Doubtless, Providence has given its sanction to our intentions, as it has opened to us so wide a career; it will also furnish us the necessary strength to establish the happiness

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of a noble people, whom it has committed to our care. It alone can read our soul, and we shall then be fortunate when we, in answer to so many hopes, shall be able to give a proof of having accomplished the glorious task which has been imposed upon us. maintenance of the holy religion of our forefathers, in the happy state in which we find it, and of the integrity and independence of the monarchy, shall be our first duties. Assisted by the good spirit of the clergy, the nobles, and the people, we hope again to restore the time when the whole world was full of the glory of the Spanish name; and we also hope to establish tranquillity in the circle of every family. and to coudron the happines of the people by a well regard organization. The establishment of public prosperity, with as little injury as possible to private interests, shall be the spirit of our administration. May our people be made happy! Then shall we glory in their prosperity. What offering can be more pleasing to us? We shall reign, not for ourselves, but for the Spaniards.- I, THE KING.-Bayonne, June

10, 1808.

Proclamation at Kittoria, 12th July, 1808.

Don Joseph Napoleon, by the grace of God, and the constitution of the state, king of Spain and the Indies.

Spaniards!-On entering the territory of a people, the government of whom Providence has confided to me, I feel it my duty to explain the sentiments which I entertain. -In ascending the throne, I rely upon finding among you some generous souls who will second my efforts to restore this people to the possession of their ancient splendour. The constitution, to the observance of which you are about to pledge yourselves by your oaths, secures the exercise of our holy religion, and of civil and political freedom. It establishes a national representation, and restores your ancient cortes in an ameliorated form. It appoints a senate, forming the guarantee of individual liberty, and the support of the throne in critical circumstances, and constituting also an honourable asylum and reward to those who shall have performed signal services to the state.-The courts of justice, the interpreters of the laws, divested of passion and favour, shall, in pronouncing judgment, be impartial, free, and independent.-Merit and virtue shall be the only claims to the holding of public offices.

Unless I am disappointed in my wishes, your agriculture and commerce shall flourish, free from those restraints which have hitherto retarded their prosperity.- Desirous of ruling according to the laws, I will be the

first to give an example of the honour which should be paid to them I enter among you with the greatest confidence, surrounded with those meritorious individuals, who have concealed from me nothing which they have thought necessary for your interests.Blind passions, false rumours, the intrigues of the common enemy of the continent, anxious only to separate the Indies from Spain, have plunged some of you into the most dreadful state of anarchy. My heart bleeds at the view of it; but this evil, however considerable it may be, may instantaneously cease.-Spaniards, only ite around my throne. Conduct yourselves so as that internal disturbances shall not deprive me of that time which I wish to employ in labouring for your happiness, nor deprive me of the means of accomplishing that object. I esteem you enough to persuade myself that you will make every exertion to obtain and merit that happiness, which is the dearest object of my wishes.--I, THE KING.

(To be continued)

POPEDOM.- Papers relative to the Seizure of the Pasal Dominions by Buonaparte. No. 1. Paluce of the Quirinal, March 2. The French commander has proceeded to such an excess of violence and outrage withIn these few last days, that the patience and resignation of his holiness, without being in the least altered, have yet been found to exhibit some signs of just indignation. The above commander, on a sudden seized the general post-office, with a picquet of soldiers, and displaced the superintendant, to examine al correspondence, in defiance of the public law. He incorporated by violence the troops of the Pope into the French army; he banished from Rome colonel Bracci, for being faithful to his prince; and lastly he put guards upon all the printing offices, that he might deprive the head of the church of the liberty or using the press.-Each of these attempis would be sufficient to shew what was meant by the note of February 23, which announced that the French army would direct its march to Rome, under the pretext of freeing that city from those whom it chooses to call Neapolitan brigands. Each of these attempts shews what excesses of outrage and irreverence have marked the insults offered to the dignity of the visible head of the church. But the French army has not confined itself within these bounds. In order to crown its atrocities, the French soldiers have dared to lay hands on our cardinals, have dragged them from the arms of the holy father, and conducted them to Rome as state criminals.-Violence and abuse of power

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could not certainly be carried farther. His holiness, who has lately seen himself deprived of the attributes of sovereignty, who has seen his power and his dignity insulted under a thousand forms, by an army which he was still willing to consider as friendly, could not however have believed that it would have proceeded to this extremity, which bas, above every thing else, struck the deepest to his heart. The holy father, who, like a lamb, has suffered in silence and with resignation this excess of insult, was roused only by this latter instance. He commanded the undersigned to write once more, and to transmit to your illustrious highness, in the strongest and most energetic language, his complaints; to lay before you all the horror of these bostile proceedings; and to represent to you how much he felt himself degraded in the face of Europe, by the violent and unheard of measures which the French army has completed in attacking the dignity of the cardinals, which is an emanation from his own. The holy father placing all his confidence in God alone, will wait in conformity with the principles of his sacred duty, to see how far the French army is inclined to abuse his meekness and his patience, and if at length it will put an end to the unmerited insults and outrages which it has committed against the sovereign of Rome, and the head of the catholic church.-Such is the positive order which the pro-secretary of state has received from his holiness, and which he feels it his sacred duty to fulfil without the least deviation. He renews to your illustrious highness the assurance of his sincere consideration. G. CARD. DORIA PAMFILI.-To Signor Lefebvre, French Chargé Affaires.

No. II, dated March 13, 1808, is a sharp and spirited remonstrance against the imprisonment and threatened removal of some officers of his holiness's army, who protested against its incorporation with that of France, and declared that they would not continue to serve under such an arrangement.

No. III, dated March 23, 1809, is a copy of a letter writen by order of his holiness, to all the cardinals who were ordered to retire from Rome. He commands them by their allegiance not to remove from the capital, except they were compelled thereto, and not to continue their journey longer than such compulsion existed. Among these cardinals we find the name of his holiness's minister cardinal Pamfili, who was succeed. ed by cardinal Gabrielli

No. IV.-March 27, 1808. Cardinal Gabrielli, pro-secretary of state to his holiness, has received positive orders from the holy father in person to inform your illustrious high

ness, that the violence committed against the persons of the cardinals, natives of the kingdom of Naples, never would have been believed, if it had not been repeated against the persons of the cardinals born in the king dom of Italy, and the countries united to France. The holy father cannot at present be ignorant, that it is not only intended to deprive him of his temporal authority, but that there is also a design to destroy the spiritual government of the church of Rome, represented by the sacred college, which is the senate of the sovereign pontiff-He has seen with horror and surprise those principles and maxims which break the most sacred bands by which the cardinals are united to the Pope by all the force of a solemn oath, preceded and followed as they have been, by all the indignities to which the head of the church has only been exposed. Examples of such enormities are only to be found in the time of the republic, when Rome saw the most sacred principles trodden under foot.

If a secular prince, professing the catholic religion, and believing that he has a right to detain in his territories, as his subjects, cardinals of the church of Ronie, finds himself still under the necessity of treating them with that respect due to the eminent character by which they are connected with the holy pontiff, it follows that he has no right to banish them, or to remove them by open force, thus tearing from the chief of the universal church so many of his fellow-labourers.This attempt, which will be a theme of reproach in the present and future age, has particularly wounded the feeling mind of his holiness, as well on account of the unheard. of insult which has been offered to the cardinal dignity, as the outrage to his holy person by which it was acompanied; his vicar and prime minister having no more been respected than the bishops who were torn from their respective dioceses.-The holy father, aware of all the evils which these cruel and violent measures must necessarily cause to the spiritual government of the church, has commanded the undersigned to protest strongly against them, and to require at the samie time that the cardinals forcibly carried off against every principle of the rights of nations, be liberated. As to the rest, always resigned to the judgments of God, and confirmed by the innate testimony of a pure conscience, he will patiently support in the cause of justice the hard treatment which he has not merited, and faithful to his sacred duty, after having exhausted all his efforts to allay the tempest which shakes the holy seat, he will leave to heaven the care of protecting and defending it, and to posterity

the right of pronouncing on the justice of his cause. Such are the sentiments which his holiness has peremptorily commanded the undersigned to express to your illustrious highness, and in performing this duty, he renews, &c. P. CARDINAL GABRIELLI. To M. Lefebvre, French Chargé d'Affaires.

No. V. is a note written by cardinal Gabrielli to the Pope's treasurer, containing his holiness's order to pay cardinals Saluzzo and Pignatelli, transported to the north of Italy, and whose property at Naples was confiscated, the sum of 1000 crowns each; provided the treasurer could produce so much, of which his holiness is much in doubt.

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No. VI.—April 7, 1809.-This morning at six o'clock, a French detachment appeared at the gate of his holiness's palace, and the porter on duty having intimated to the offi. cer who commanded it, that he could not permit armed persons to enter, but that if he was desirous of coming in by himself, he would not prevent him, the latter appeared satisfied. He ordered the troops to halt, and to fall back some paces. porter then opened the wicket, and allowed the officer to enter. But he was hardly on. the threshold, when he made a signal to the soldiers, who immediately rushed forward, and presented their bayonets to the porter's breast. After having gained admission by such deceit and violence, the soldiers pushed forward to the guard room of the militia of Campidoglio, in the interior of the palace, immediately broke open the doors, and seized the muskets, with which this militia were accustomed to mount guard in one of the antichambers of his holiness.-With equal violence the French troops rushed to the quarters of his holiness's noble guard, and seized the carbines which they made use of when they mounted guard in the apartment next to that of his holiness. A French officer then addressed the captain of the Swiss guards, and told him, as well as the few soldiers there assembled, that from that day, the Swiss guards were to receive their orders from the French general to which they would not consent. The same order was communicated to the commander of the stationary guard, on duty at the barriers, who also refused to acknowledge it, and was in consequence immediately sent to the castle. In the meantime different French detachments scoured the town, and arrested and carried to the castle all the noble guards, even including their commander.-The holy father, apprised of these horrid outrages overwhelmed by the grief which they have produced, has expressly ordered the under

signed to protest strongly against them, and to declare frankly to your illustrious lordship, that each day adds to the measure of the insults which are pouring on his sacred person, and that he is every day more and more deprived of his rights as a sovereign.-It was not sufficient for the French army to signaEze its entrance into Rome by planting canDon against the palace of his holiness, and offering such unworthy violation to his residence, but it has added to this violence, by forcing the Swiss guard, and entering with arms into the peaceable abode of the sovereign pontiff, rudely bursting open the doors, and seizing the arms rather intended for the honour than the defence of his sacred person, arresting his guards, and, in short, depriving him, by these violent measures, not only of his guards, but even his bonour. His holiness requires, in the first place, that all individuals of his guard who Lave been imprisoned without any reason, and contrary to every principle of right, be liberated; and he afterwards declares solemnly, that to all these outrages he only opposes and will oppose patience, and, during the time such treatment may continue, that meekness of which his heavenly Master has left him an example. His long imprisament, and the injustice which he has experienced, have made him a spectacle to the world, to augels, and to men.-He waits with resignation, but with an unshaken firmness in his principles, all that Fulence can attempt against the head of the catholic church; well assured, that any humiliation he may receive will turn to the gery of religion itself.-Such, precisely, are the sentiments which his holiness commads me to express to your illustrious lordship. He renews to your highness the assurances, &c.-P. CARDINAL GABRIELLI. -To M. Lefebvre, French Chargé d'Affaires. No. VII.-April 11, 1808.-When bis holiness perceived, with no less surprise than grief, that his troops were forcibly incorporated with the French army, and that punishment was inflicted on such of them as remained faithful to their lawful sovereign, he thought it proper that his guards and the few militia of Campidoglio and of the barriers, who were not yet incorporated and placed under the command of the French general, should wear a new cockade.-The object which his holiness had in thus changing the cockade, was to signify publicly how much he disapproved the violent incorporation which took place, and to manitest his firm determination to remain neutral, and to be in no ways responsible for the actions of the incorporated soldiers,

whom he no longer considers as belonging to him. This reason was, by order of the holy father, officially notified to your illustri ous lordship; and to all the diplomatic body, by whom, according to the established usages, a pattern of the new cockade, was sent. After a preliminary declaration, of this frank nature, his holiness never could have conceived that the purity of his intentions would be calumniated by the circula tion of a report that the new cockade was the signal of an union against the French ariny, as inserted in the order of the day, which was yesterday published and posted in every quarter of Rome, as well as in the provinces. The holy father is willing to believe that this order was the consequence of the false representations made to his majesty the emperor and king-In fact, if the real object which his holiness had in changing the cockade had been communi、 cated to his majesty, had he also been acquainted that the French military commander had ordered it to be worn by all the incorporated troops, he surely would not have designated it as a signal of union against the French troops, since it was worn by those very troops who composed part of the French army. Although the holy father is well persuaded that the people of Rome and the whole world will render justice to his pure and loyal conduct, and that he is also equally certain that no one will adopt the suspicions, by which the minister of a God of peace, possessing no malice, is pointed out as conceiving projects of revo lution and blood; nevertheless the horrible colours in which an act of his majesty, the most innocent possible, is endeavoured to be represented, have afflicted him with such poignant grief, that he has ordered the prosecretary of state, Cardinal Gabrielli, to complain to your illustrious lordship, and to request you, in the name of all that is true, to acquaint his majesty with the real point of view in which this change of the cockade should be considered.-The holy father, always consistent, declares solemnly, that' the orders of the day, published and posted up, are highly injurious to his character, his dignity, and his rights as a sovereign; that conformable with the right which every prince has, of making their troops wear whatever distinguishing marks they think proper, he ordered the new cockade, for the purpose of shewing the world that he no longer recognised as his the troops who were incorporated with and placed under the command of the French; and that without having committed any crime, and only for having discharged their duty in

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