particularly vigilant; and ordered one of the guard-boats to remain under the ship's stern all night. He had still declined all this day giving a list of those that he wished to attend him to St. Helena.

At three in the morning of the 4th of August, the officer of the watch brought me a letter from Lord Keith, informing me that a courier had just arrived from London, and that it was probable the ship would be required to put to sea at a moment's notice. In consequence of this order, we unmoored at daylight, bent the top-gallant sails, and made other preparations for getting under weigh. The Frenchmen were very watchful of all our motions, appeared much alarmed and annoyed, and questioned me frequently as to the cause. I told them, what was literally the fact, that I had received directions to be ready to put to sea, but had no orders to carry it into effect; and that was all I knew.

Between seven and eight o'clock, I waited on Lord Keith, who said he had received information that a Habeas Corpus had been taken out for the purpose of bringing Buonaparte on shore, and that a lawyer was on his way down to serve it; desiring me, therefore, to be ready to put to sea whenever the signal might be made.

On returning on board, I had an interview with Buonaparte, who was very urgent to know why the ship was preparing for sea. I told him, by Lord Keith's directions, that it was the intention of our Government, his removal should take place at sea; and that we were going out to meet the Northumberland, the ship which was to convey him to St. Helena.

He begged I would write to Lord Keith, and say he wished very much to see him; and Count Bertrand told me he was also de

sirous of having the newspapers. I accordingly wrote to his Lordship, who was then on board the Tonnant: who, however, declined visiting him, but sent me a note, of which the following is an extract.

Extract of a Note from Admiral Viscount Keith, addressed to Captain Maitland, of H. M. S. Bellerophon; dated Tonnant, 4th August.

"I send you the paper, and shall be glad to hear the determination of the General, whom you may inform that the answer is arrived from London, and that I have no authority to alter, in any degree, any part of the former communication; which induces me to wish the selection of the persons he is inclined should attend him."

I communicated the contents to General Bertrand, who made his report to Buonaparte. On his coming out of the cabin, I pressed him on the subject of nominating

those that were to go with him to St. Helena; but the only answer he returned was, 'L'Empereur n'ira pas à St. Hélène ;”—the Emperor will not go to St. Helena.

Soon after nine o'clock, the Bellerophon's signal was made to prepare to weigh, and at half-past nine to weigh we immediately started. As the light air of wind that blew was right into the Sound, and the flood-tide against us, the guard-boats were sent a head to tow; but, soon observing a suspiciouslooking person in a boat approaching the ship, I ordered one of them to cast off, keep under the ship's stern, and not allow any shore boat, under any pretext, to come near us. The person alluded to proved afterwards to have been the lawyer mentioned by Lord Keith; not with a Habeas Corpus, but a subpoena for Buonaparte to attend a trial at the Court of King's Bench as a witness. He was, however, foiled: as Lord

Keith avoided him, and got on board the Prometheus, off the Ramehead, where he remained until joined by the Tonnant; while the guard-boat prevented him from approaching near enough to the Bellerophon, to serve his writ on me.

To prevent erroneous impressions from going abroad, and to put this curious circumstance in its true light, I have prevailed on a friend, who was educated for the English bar, to favour me with the following account of the writs of the Habeas Corpus and subpoena; by which it will appear that no such process, or any other, as far as I can understand, could have had the effect of removing Buonaparte from one of His Majesty's ships, and causing him to be landed in England in opposition to the commands of the Government of the country.

"It is a common mistake to suppose that the celebrated Habeas Corpus Act made it a matter of right, for every person, under any restraint whatever, to obtain this writ. That statute related to persons committed by legal process for criminal offences, and the object of it was to prevent them being detained an unnecessary or unreasonable length of time, without being brought to trial. Other cases of alleged illegal detention were left as at common law in these the granting or refusal of the writ is discretionary in the Court, or Judge applied to, and it will