pates in the emoluments of his own Jailer! tice may sell the office of Custos Brevium. £. s. d. 6,280 18 2,019 7 5,104 16 6 9 £13,405 2 7 Well, then, Gentlemen, you are now very competent to judge of the assertions of Sir Francis, as to the salary, the sinecures, and the saleable offices, of the Lord Chief Justice. There now remains only the JAILER'S EMOLUMENTS, in which Sir Francis is represented as having said that Lord Ellenborough participates. The words are; that Lord Ellenborough, 4" besides his salary, receives in sinecures, "£8,990 a year, besides having offices "to sell, and PARTICIPATING IN "THE EMOLUMENTS OF HIS OWN "JAILER." To this last assertion it is, that Mr. WILLIAM JONES, Marshal of the King's Bench, has given a flat denial, in a Letter, which has been published, apparently, in all the London news-papers, and of which the following is a copy, as published in the TIMES news-paper. "To the Editor of the Times. SIR,"It is a duty I owe to Lord Ellenborough, to the public, and to myself, to contradict, in the most express and unequi"vocal terms, an unreserved and groundless "assertion made by Sir Francis Burdett, " in his Address to the Electors of West"minster, published in The Times of the "3d instant. On that occasion, he pe But, the persons filling these offices APPOINT TO OTHER OFFICES. Mind that! The appointments and the yearly receipt are, in the said report, stated as follows: Custos Brevium appoints Clerk of inner Treasury Total of offices saleable by the Chief Judge, and of offices in the appointment of those who hold the saleable offices £. s. d. 194 0 0 1,580 0 11 £6,237 17 10 325 15 5 66 "" 158 19 6 1,750 15.9 85 10 0 £2,321 0 8 £21,964 1 66 remptorily accuses the Lord Chief Jus"tice of the King's Bench, of unduly par"ticipating in my official emoluments, as " Marshal of the Prison of that Court. I "accordingly declare, with all the solem"nily suited to a public asseveration of this "serious nature, that no one does partici pate, or ever has participated, with me, Thus, then, the offices, which Lord El-" in any way whatever, in the advantages "or benefits which I derive from my situa lenborough (in a letter inserted in the report before mentioned) states to be directly" tion; and that, consequently, the charge "made by Sir Francis Burdett, as alsaleable, amount in their yearly receipt to the sum of £13,405, and odd, and then "ready expressed, is wholly without foun"dation. I hold my office by the espethe holders of those offices appoint others to offices, worth the rest of the £21,964. "cial appointment of the King, under His Lord Ellenborough does not, it appears," Majesty's Royal Sign Manual, according "to an Act of the 27th of George II., sell the office of Chief Clerk: he keeps that in the trust of others for his own appoint- "whereby the power of granting the office "of the Marshal of the King's Bench is ment; and, of course, he, as holding the "vested in the Crown; and, in the lanoffice of Chief Clerk by the means of Trusguage of the instrument by which I have tees, appoints the second set of offices, "been nominated to it, with all its prowhich, as we see, bring in £6,237 and some odd a year; and, as the Chief Jus-"fits, perquisites, privileges, and ad 66 66 vantages; in which, I re-assert, no one has ever participated with me.——— -The 66 public refutation of such a charge, so "boldly made, is a duty which it becomes me to perform, and I trust I have now "performed it.- -I am, Sir, your very obedient servant, "Under what authority do you pay over "these fees to the Lord Chief Justice of "the King's Bench? -Because I con "ceive the Lord Chief Justice entitled to "them." WHY do you conceive the "Lord Chief Justice is ENTITLED TO "THE FEES OF AN OFFICE NOT 66 "WM. JONES, Marshal. King's Bench, Oct. 10, 1812" When you have well attended to the meaning of this Letter, Gentlemen, you will be so good as to attend to what I am now about to lay before you. Mr. Jones says, that Sir Francis accused Lord Ellenborough of UNDULY participating. This, as you will have observed, is not true. Sir Francis talks merely of his participating, without expressing any opinion as to the nature of the act. Therefore, here, at any rate, Mr. Jones is wrong. But, now to the real, substantial merits of the case, In a report, laid before the House of Commons, on the 18th of June, 1811, I find the following passage, containing minutes of Evidence, given before a Committee of the House, by this very Mr. William Jones, Marshal of the King's Bench. 86 "WILLIAM JONES, Esq., Marshal to the Chief Justice of the King's Bench; called in; and examined.-Are you not Marshal to the Chief Justice of the "King's Bench ?—I executed the office in the name of Mr. EWAN LAW at first, and afterwards in the name of Mr. " WILLIAM LAW.. (The witness "delivered in the following paper, which B6 was read.)- The office of Marshal to "the Lord Chief Justice of the Court of King's Bench, has been executed by W. Jones ever since Lord Ellenborough's CL appointment to the office of Chief Justice; part of the time in the name of "Ewan Law, Esq., and the remainder in the name of William Law, Esq. William Jones has been allowed a salary of "£200 a year for executing the office, and "has received and ACCOUNTED FOR "ALL THE FEES TO THE LORD "CHIEF JUSTICE, which for five years. "have amounted yearly, (exclusive of W. "Jones's salary,) as follows, viz. £. s. d. 839 8 7 $725 14 2 1809 Average, per annum, £780. 3d April, 1811. 771 5 6 W. JONES. HELD BY HIMSELF?. -He has the "appointment of the office, and if he "chooses to appoint A RELATION to it, "who receives the fees, he accounts for it "TO HIS SON; his son was NOT OF "AGE at the time it was executed in "Ewan Law's name; his son was under age, but HE RECEIVED IT FOR HIS "SON; his son now being of age, I ex and ecute it in the NAME OF HIS SON; "and my office requires a great deal of at"tendance and a great deal of labour. "All the records are entered by me, "abstracted for the Judge against the "Cause comes on. I attend him too upon "the circuit, and it is necessary he should "have a person to assist him upon that "occasion. I execute the office FOR "THE SON, now he is of age, and have an order to execute the office for him as "his deputy.- -Do you receive that or"der from the son himself, or from Lord "Ellenborough ?- -FROM LORD EL"LENBOROUGH; the son is ABROAD now, or I should have it from himself. 66 66 66 any -You -AND YOU CONSIDER THE "SON TO BE THE MARSHAL OF "THE KING'S BENCH? YES, I "DO; I hold myself ANSWERABLE "TO THE SON, who is the officer, but "I PAY IT TO LORD ELLENBO"ROUGH in trust for the son.—— "have neither salary nor emolument of kind beyond the £200 a year you "have spoken of?- None at all; last year, on account of the number of Causes, "must be a little more than that; but I"believe with that it will not average "£800 a year. I sent my return, as "Marshal of the King's. Bench last year, "to the Judges. DO YOU AC"COUNT FOR ANY PART OF THE "PROFITS. YOU DERIVE FROM "THE OFFICE OF MARSHAL OF "THE KING'S BENCH?--I do NOT 66 account for a halfpenny to any person, " and it is an office of great risk." Gentlemen, judge now for yourselves. People of England, judge now between Sir Francis Burdett and this Mr. Jones. I will add but a few words by way of explanation. Mr. Jones sometimes calls himself the Marshal of the King's Bench, and, at other times, Marshal of the King's Bench Prison; but he no where calls himself a JAILER; while Sir Francis Burdett does call him a Jailer, in pointing him out as the person with whom the Lord Chief Justice participates in emoluments. You, Gentlemen, will be able to decide what weight ought to be given to this distinction, suppose the word Jailer to differ essentially in meaning from the word Marshal, as used in the present instance; but, I will just show you what is the real nature of Mr. Jones's office, taking my description from the Law Dictionary itself: "MARSHAL OF THE KING'S BENCH, who "hath the custody of the King's Bench "Prison in Southwark. This officer gives "attendance upon the Court, and takes "into his custody all prisoners committed "by the court; he is FINEABLE FOR "HIS ABSENCE; and NON-AT"TENDANCE IS A FORFEITURE OF "HIS OFFICE." And yet Mr. Jones is, in the report above quoted, said to have asserted, in evidence, that the son of the Chief Justice, while an infant, and while abroad, was the Marshal of the King's Bench! D lo I shall say no more. Judge you for yourselves, Gentlemen, between Sir Francis Burdett and the person who has accused him of promulgating falsehood. But, I cannot let pass this occasion of expressing my hope, that all those, who have published the Letter of Mr. Jones will, at least, publish the above Evidence given by himself on the subject. In my next I shall crave your attention to matters appertaining more exclusively to this county; and, in the mean while I remain your faithful friend, WM. COBBETT. Bolley, 22d October, 1812. OFFICIAL PAPERS. RUSSIAN BULLETINS. Official Intelligence from General Barclay de Tolli, dated the 26th August, 1812. -(Continued from page 510.) rouske joined the 2d army, but as this advantage offered no benefit, and as the enemy were pressing hard on our rear, both armies retreated in three columns on the road to Wisma. On the 13th (26th), the 2d corps was in Komuschkrena; the 3d, 4th, 5th, and 6th in Tschulsua, and the 2d army in Bashona. The rear-guard of the 1st army remained within two wersts of Dorogobush, till nine at night, and the enemy annoyed them with a cannonade, and during the night retired 15 wersts. On the 14th, the 2d corps arrived, at Afanaszjero, and the 1st ariny at Simmewo; the 2d army at Lushkan; the vanguard remained at the same place as the previous day. The detachment of MajorGeneral Baron Winzengerede remains at Pritschesty, between Duchouschene; Major-General Krasnolo is, with three regiments, on the high road from Wasma to Duchousechene.I have the honour to inform your Majesty, that after the enemy had taken possession of Dorogobush, he followed the first army with his whole united force, and on the next day our rearguard was vigorously attacked near Simechy: the action was warm, and lasted seven hours. Both armies, which marched in three columns, formed a junction near Weasma, where the position was so unfavourable, that I was obliged to take another near the village of Zarewosa, where I remain with both armies, waiting the enemy's attack. My advance guard is eighteen wersts in advance. In this position the two armies were yesterday found by the Commander-in-Chief Prince Golineschischew Kutusow, on whose dispositions the further movements of these armies depend.-General Meloradowitsch with his troop yesterday approached Gstealsk. Report of Lieutenant-General Count Wiltgenstein, dated Sokolitschtscha, Sept. 3. After my last report of the 16th of Aug. nothing took place with the enemy. He is still in the same intrenchments near Polotsk, and suffers dreadfully by hunger and loss of men in consequence, Fifty men desert from him every day.The Commander-in-Chief of all the armies, Prince Kutusow writes as follows from head-quarters, near the village of Brodino, Sept. 4, -The position that I had chosen in the village of Brodino, 12 wersts in advance of Moshaisk, is one of the best to be found in the plain country; the weak points of this position, which are on the left flank, I shall endeavour to amend by art; it were to be wished that the enemy would attack us in this position, in which case I should have great hopes of victory; but should he, when he finds my position strong, manoeuvre on the roads leading to Moscow, I shall put myself in march, and take a position behind Moshaisk, where all these roads meet.. -With respect to the enemy it is to be remarked, that for some days he has been very cautious, and when he moves what were possessed by their ancestors. This unequalled prosperity could not have been attained by the utmost liberality of the Government, or the persevering industry of the people, had not the maritime power of the mother country secured to its colo nists a safe access to every market where the produce of their labour was in demand. forward, he seems to do it as it were in of their Sovereign, has not acquired a profear. -Yesterday Colonel Prince Kudas-perty and means of enjoyment superior to chew, whom I had sent with 200 Cossacks, obliged the whole cavalry of the corps of Davoust and that of the King of Naples to remain sitting on their horses for some hours.-Yesterday the enemy did not advance one step.-To-day the advanced posts of our Cossacks are distant from me about thirty wersts, and the side roads are very carefully observed. -The corps of General Miloradowitsch has joined the army under my command. -Tomorrow the Moscow armed force will ar rive from Moshaisk.—Lieutenant-General Konownizyn now commands the rearguard. Nothing of importance has happened to this corps, and the enemy is held in great respect towards us.-———— -Yesterday some officers and sixty men were made prisoners. According to the reports of the prisoners, the 5th battalions of the French regiments are arrived; these are the last troops he expects to receive. UPPER CANADA.-PROCLAMATION. The unprovoked declaration of war by the United States of America against the United Kingdom of Great Britain and Ireland and its dependencies, has been followed by the actual invasion of this province in a remote frontier of the Western District, by a detachment of the armed force of the United States. The Officer commanding that detachment has thought proper to invite His Majesty's subjects, not merely to a quiet and unresisting submission, but insults them with a call to seek voluntarily the protection of his Government. With out condescending to repeat the illiberal epithets bestowed in this appeal of the American Commander to the people of Upper Canada, on the Administration of His Majesty, every inhabitant of the province is desired to seek the confutation of such indecent slander in the review of his own particular circumstances: where is the Canadian subject that can truly affirm to himself, that he has been injured by the Government in his person, his liberty, or his property? Where is to be found, in any part of the world, a growth so rapid in wealth and prosperity as this colony exhibits?-Settled not thirty years by a band of veterans, exiled from their former possessions on account of their loyalty, not a descendant of these brave people is to be found, who, under the fostering liberality -The unavoidable and immediate consequence of a separation from Great Bri tain, must be the loss of this inestimable advantage, and what is offered you in exchange? to become a territory of the United States, and share' with them that exclusion from the Ocean which the policy of their present Government enforces you are not even flattered with a participation of their boasted independence; and it is but too obvious, that once exchanged from the powerful protection of the United Kingdom, you must be reannexed to the dominion of France, from which the provinces of Canada were wrested by the arms of Great Britain, at a vast expense of blood and treasure, from no other motive but to relieve her ungrateful children from the oppression of a cruel neighbour: this restitution of Canada to the Empire of France was the stipulated reward for the aid afforded to the revolted Colonies, now the United States; the debt is still due-and there can be no doubt but the pledge has been renewed as a consideration for commercial adyantages, or rather for unexpected relaxation in the tyranny of France over the Commercial World. Are you prepared, Inhabitants of Upper Canada, to become willing subjects, or rather slaves, to the Despot who rules the Nations of Europe with a rod of iron? If not, arise in a body, exert your energies, co-operate cordially with the King's regular forces to repel the invader, and do not give cause to your chil dren, when groaning under the oppression of a foreign master, to reproach you with having too easily parted with the richest inheritance of this earth-a participation in the name, character, and freedom of Britons.- -The same spirit of justice, which will make every reasonable allowance for the unsuccessful efforts of zeal and loyalty, will not fail to punish the defalcation of principle; every Canadian Freeholder is by deliberate choice bound by the most solenn oaths to defend the Monarchy as well as his own property; to shrink from that engage. ment is a treason not to be forgiven; let no man suppose, that if, in this unexpected 1812. and Yesterday, at an early hour, his Honour Isaac Brock, Esq. President, administering the Government of Upper Canada, Major-General commanding His Majesty's Forces therein, arrived at this place from Fort George; and accompanied by a numerous suite, proceeded to the Government Buildings at four p.m. when he opened the present Extra Session of the Legislature, and delivered the following Speech of both Houses: Hon. Gentlemen of the Legislative Council, and Gentlemen of the House of Assembly, The urgency of the present crisis is the only consideration which could have induced me to call you together at a time when public, as well as private duties elsewhere, demand your care and attention. struggle, His Majesty's arms should be From the York Gazelle, Tuesday, July 28, compelled to yield to an overwhelming force, the province will be eventually abandoned; the endeared relations of its first settlers, the intrinsic value of its commerce, and the pretensions of its powerful rival to repossess the Canadas, are pledges that no peace will be established by the United States and Great Britain and Ireland, of which the restoration of these provinces does not make the most prominent condition. Be not dismayed at the unjustifiable threat of the Commander of the enemy's forces to refuse quarter should an Indian appear in the ranks. The brave bands of natives which inhabit this colony, were, like His Majesty's subjects, punished for their zeal and fidelity, by the loss of their possessions in the late colonies, and rewarded by His Majesty with lands of superior value in this province. The faith of the British Government has never yet been violated; they feel that the soil they inherit belongs to them and their posterity, protected from the base arts so frequently devised to over-reach their simplicity. By what new principle are they to be prevented from defending their property? If their warfare, from being different from that of the white people, is more terrific to the enemy, let him retrace his steps--they seek him not and cannot expect to find women and children in an invading army; but they are men, and have equal rights with all other men to defend themselves and their property when invaded, more especially when they find in the enemy's camp a ferocious and mortal foe using the same warfare Our mi But, Gentlemen, when invaded by an enemy whose avowed object is the entire conquest of the Province; the voice of loyalty, as well as of interest, calls aloud to every person in the sphere in which he is litia have heard that voice, and have obeyplaced, to defend his country.ed it; they have evinced, by the promptitude and loyalty of their conduct, that they are worthy of the King whom they serve, and of the Constitution which they enjoy; and it affords me particular satisfaction, that while I address you as Legislators, I speak to men, who, in the day of danger, will be ready to assist not only with their -We look, counsel, but with their arms. Gentlemen, to our militia, as well as to the which the American Commander affects to reprobate. This inconsistent and un-regular forces, for our protection; but I justifiable threat of refusing quarter for should be wanting to that important trust committed to my care, if I attempted to tor of mankind, and especially of Legislators, conceal (what experience, the great instruchas discovered) that amendment is necessary in our militia laws to render them efficient. such a cause as being found in arms with a brother sufferer in defence of invaded rights, must be exercised with the certain assurance of retaliation, not only in the limited operations of war in this part of the King's dominions, but in every quarter of the globe; for the national character of Britain is not less distinguished for humanity than strict retributive justice, which will consi der the execution of this inhuman threat as deliberate murder, for which every subject of the offending power must make expiation. ISAAC BROCK, Maj. Gen. and President. Head-quarters, Fort George, 22d July, 1812. By order of his Honour the President, -It is for you to consider what further improvements they still may require. Hon. Gentlemen of the Legislative Council, and Gentlemen of the House of Assembly, From the history and experience of our Mother Country, we learn, that in times of actual invasion or internal commotion, the ordinary course of criminal law has been found inadequate to secure His Majesty's Government from private treachery as well as from open disaffection, and that at such times its Legislature has found it expedient to enact laws, restraining for a |