While the ship was working out of the Sound, two well-dressed women in a boat

only be issued on a proper case being laid before them. No such writ, it is believed, was ever applied for in Buonaparte's case; nor, if applied for, would it have been obtained. Where a foreigner, in private life, is brought to England, and detained against his. will, the Court will grant the writ; but any application of Buonaparte, or on his behalf, must have shown him to have surrendered, and to have been then detained as a prisoner of war. Under that character, he was not entitled to the benefit of this writ; the Courts having refused it on the application of individuals brought to England as prisoners of war, even when applied for by the subject of a neutral power, who swore to his having been compelled by force to serve the enemy, and to have been captured in the course of that compulsory service.

“The real transaction alluded to, is understood to have been this an individual being under prosecution for a libel on a naval officer, censuring his conduct on the West India station, when a French squadron was in those seas, pretended that it would aid his defence to show that the French ships were at that time in an unserviceable condition, and that Buonaparte would be able to prove the fact. He accordingly obtained a subpœna for him to attend as a witness on the trial in the Court of King's Bench, and endeavoured himself, and not by a lawyer, as at first supposed, to get on board the Bellerophon to deliver it.

kept as close to her as the guard-boat would allow, and, whenever Buonaparte appeared at the stern windows, stood up and waved their handkerchiefs.

"This transaction probably gave currency to the rumours of a Habeas Corpus having been issued, particularly as one description of that writ is, the proceeding for bringing a prisoner into Court to give evidence, which having given, he is remanded to gaol.

"Had the individual in question succeeded in his attempt to get on board the ship, and deliver the subpoena, it would have been of no assistance either to himself or Buonaparte, if it was at all intended to benefit the latter, as it would not have been possible for him to obey it, there not being any authority for Captain Maitland, who was answerable for his safety as a prisoner, allowing him to do So. It was, however, considered the most prudent course, by Lord Keith, not to permit the delivery of the process, the exact nature of which was at the moment unknown, lest it might involve himself or Captain Maitland in any difficulty, by an apparent disrespect to the Court, and more particularly as it might create erroneous impressions in Buonaparte's mind, that a breach of the law was committed in his not being permitted to comply with the terms of the document, not aware that it contained no power authorizing his release from detention as a prisoner of war."

2

On joining the Prometheus off the Ramehead, where Lord Keith's flag was then flying, I received the following note from his Lordship.

No date; received August 4th, in the Afternoon.

"I have been chased all day by a lawyer with a Habeas Corpus: he is landed at Cawsand, and may come off in a sailing-boat during the night; of course, keep all sorts of boats off, as I will do the like in whatever ship I may be in. "KEITH."

Buonaparte wrote another letter this evening to the Prince Regent, which I carried to Lord Keith, who again told me of his having been chased all day by a lawyer: who had first started him out of his own house, then followed him to the Tonnant, where he attempted to get in at one side, as his Lord

ship left her on the other; he afterwards pursued him towards Cawsand, but the Admiral being in a twelve-oared barge, out-rowed him, and gave him the slip round the Ramehead. It was on his return from this chase that he attempted to get on board the Bellerophon.

Buonaparte now confined himself entirely to his cabin, never coming on deck, or appearing at breakfast or dinner. He was not served from the table, but what he ate was prepared and carried in to him by Marchand, his favourite valet de chambre. Messrs. Bertrand and Las Cases passed much time with him; and this evening the protest was prepared, which will appear in the sequel.

On the morning of the 5th of August, the weather was overcast, with a strong breeze of wind, and the sea began to rise, much to the discomposure of my poor French guests.

Soon after breakfast, my signal being made from the Tonnant, where Lord Keith had now hoisted his flag, I told General Bertrand that I was going to the Admiral, and would convey any thing Buonaparte had to say to him. He requested I would wait until a letter or paper, then under preparation, was finished, which was intended for me, but a copy to be presented to Lord Keith. I waited nearly an hour, when he brought me Buonaparte's protest. I delivered it to the Admiral, stating at the same time that I wished to have a copy; and was afterwards furnished with one by his Lordship's secretary. I insert it here.

Buonaparte's Protest.

"Je proteste solennellement ici, à la face du Ciel et des hommes, contre la violence qui m'est faite, contre la violation de mes droits les plus sacrés, en disposant par la force, de ma personne et de ma liberté.