Star. — London, England, 1809-05-19 00:00:00

BE:RA, APRIL 23. army of the Marquis de la - avourable. According to a 'e of Seville, number of hits withdrawn from Spain to lots to 50,000. IS, APRIL 21. trrived at Mentalegre. Yes -al sent advice from Monte •overnor, that he had arrived men, and desired to know ;sary in that province, as if march for Vigo, along the ,finho. This intelligence is confiimed by the letters of yes terday, which represent them as having enteredChaves, and marching upon Braga. The enemy preserved his position at Albergaria Nova till the 20th, at rine in the morning. Our advanced guards are at Albergaria Velha, and the head-quarters of General Trant at Aqueda. . The EngliJi General of cavalry, Cotton, has ar rived here with his staff, and set out for the army of General Trant. Ilis Excellency the Marquis das Minas set out on the `39th for the army of Silveira. Bacellar, it is said, is appointed Governor of the Province of Bcira ; he arrived on the 24th at Veseo, with the regiment of Penamdior, and some artillery and cavalry. Ten thousand men are expected there, for whom 10,000 rations are to be supplied. Three thousand had already arrived at lilaagnalde, two leagues from thence. LISBON, MAY 2. Brigadier Francisco de tiilveira writes from his head-q uai ters before A rmiranta, under date of the 26th ult, that the enemy had continued his attacks up to that day, hut always without success, since he still remained maser t,fi the same heights, and of the bridge cf Amaranta ; our I,:ss has been very trifling. No de.:iili, are given, as he was daily engaged mere or less warmly with the enemy. The Courier who brought this dispatch met at San Pedro de Sul from 3000 to 4000 men, commanded -by the brave Brigacier Wilson, on th.ir way to Arna ranta. It is probable that by the 29th of April they would have formed a junction with the troops of Bri gadier Silveira. The Prince Regent has conferred on Sir Arthur Wellesley, Commander in Chief of Lis Britannic Ma jesty's Forces in these kingdoms, the rank and ho tours of Marshal Gancr2l of his Armies, and in this capacity to conduct the operations of the slid armies; wheit they should combine themselves with those- of his Britannic Majesty. The command of the Portu guese armies will still attach to Marshal W. C. Be resford, to whom his Royal Highness has continued it, and which he so ably conducts. DIaY 4.—There is a talk of a great victory which Reding bas gained between Barcelona and Villa- Franca. MAY s.—They write from Coimb.a, undo:- the date of the-1 st that on the preceding day, a divi sion of English troops entered that city, among which was a considerable body of cavalry. Another corps entered the day of the date of the k ; they were received amidst the loudest acclamations. Private letters from Tras os Montes, state, that a Spanish corps of 9DOO min has entered Chaves, whence it will probably direct its march to the Minho.' It is supposed that ;he said corps is probably marching in the above direc:iln to suspend and obstruct the re-' treat of the French army, should it intend to escape by that road to Gallici.z. The Brigadier-General Francisco de Silveira has transmitted an Official Report to Marshal Beresford, whereby he acquaints him that Lieutenant-Colonel Patrick, after having covered, with his regiment of foot, the retrograde movement fr - ,ni Manhufe, he reached the bridge without b..ing wounded, but that having afterwards dislodged the enemy from the bridge, and pursued them as far as Amaranta, he' was there wounded, and immediately conveyed, first to Mezao-frio, and afterwar,is to Lamego, where he unfortunately expired. England has lost in him a !meritorious subject, and Portugal a defender, whose undaunted valour rendered him worthy of a better fate. Yesterday, and the d..y before, marched from this res . dence town tie superb English heavy horse, landed a few days hack. Yesterday 60 transports, with more English troops, were to enter the Tagus. Letters from Alentejo assert, that Eclievarria, one of the General Officers who commands the van of General Cuesta' s army, has dc st eyed a French corps of from '2OOO to 3000 men. Although this piece of intelligence is not official, yet very little doubt is en tertained of its truth. It is reported that,,Almntara, Eshin, and Valencia, have been taken by assault by the British and Spanish troops, and that those of General V ctor, who were in prssession, have been entirely cut to pieces. The headaparters of GeneralWellssley are still at Leiria, and those of General Beresford at Tbornar. A. detachment of ten thousand men from the Mar. cinis Romana's army have reached Chaves. In some cf the villages which our troops have passed through in tl eir way to Co;rnbra, the French have committed the most unexampled cruelties, in consequence of se veral of the'r spies Lav:ng been killed by the natives. Or. the 25th of Aprii, General Victor still main tained Ins poeition at Merida, and Cuesta at Monas %erio, and hi; advanced posts at Las Sanios. Get.cral set.s off for Gibraltar on Sunday. "The follovi - g is a . npy of the Ceneral Orders issued by him on p the c , aiin:..led of the troops in Portu g al to Arthur ‘Vsllesky " I E Y'rz AFIIT.T. 45. 64 I lis !laving ! , ern p:east tti a7p , ,int t leutenant terra I :.ir John Crad.iln.k tl c rum mand of the Fortress of Gib- ' raltar, leis d.ity ecrnp.:is hint le quit the Army it: Portugal 4 , It is not it: the risrvcr c.f ?...y consider:l6cm to dinunish the f ee lings of lus s. vtie i-Fret Cep:it - tire from this !a!liant army ..t vinter:sti•: 11 1f: : ; and in tteltvertitg over the command to i,i e utenant-Geberal st. howevt rhe may acknow ledge the distinguished merit of that officer, and Hsu:nil:). fur the discharie of so impitrtart a truss, he must r•: chain that in zeal f o rti.e honour of the arms, and anxiety fur the welfare an d i n n rest af those rumniitta, to his charge, no successor can aurpasi 64 Tliu uni:urrn good cnitloct displayed by both Offcers and cps under the very tr:ittg anti crisical el:clans:antes in which For uga i has been lately Ow, it, err itle them to the highest praise, Ind the Li e ntenont-67.:ra1, expressing his sincer e anti grateful 2anowl..climents to t:14111 for it, b. gs that the Army in Portugal w a ccept the assuran ce of hi s anxiou s, :n. l uuceasing wishes for t h ' ei r . someas, in Ow 110:ihus contes:lll which they are entaged," FRENCH ACCOUNT& • • FROM Tla FR/NCH AND DUTCH PAPERS. PARIS, MAY c At Milan in►elligence had been received from Zara, that hostilities had recommenced between the Russians anti Turks. We are informed from Germany, that the Govern ment Council of Upper Austria had caused the Mi litia to disperse, and deliver up their arms to the French. The town of Lintz was taken possession of by our troops without opposition, aad enjoys perfect repose. • The Austrians are evacuating the country they possessed in Italy, and are retreating into Carinthia. This is in cunsequence of die advance of the French in Germany. CALDILItO, APRIL VP. As the enemy had fixed himself oft the Alpone, and during two days made a movement on the hills against our left wing, his Imperial Highness gave orders to reconnoitre on the whole line, in order to ascertain the positions of the enemy; and at the same time the Prince sent a few battalions to drive the ene my from his positions. His commands were cqm pletely executed. General Sorbres, Aid-de-Camp of his Royal High. ness, and Generals Lecchi and Bonfanti drove the cnemy from his posts at Cassano and Bastia, and en tirely routed him. This was effected by three batta- I:ons of the Royal Guard, and the Ist Italian regi ment of the line. The troops distinguished them selves. The division of Seras took 500 men' priso ners. The enemy sustained a great loss in killed and wounded ; our loss is not more than 300 men, who for the present are unable to enter the field. • • PORTI/G.tSE ACCOUNTS ECLOSICO DE BE:RA, APRIL S Tie advices from the army of the M Romana are extremely favourable. Acc calculation in the Gazere of Seville, troops which Bonaparte hits withdrawn fr send to the North, amounts to 50,000. CHAVES, APRIL 21. General Botelho has arrived at Menu' • terday a Spanish General sent advice Rei and Brim, to our Gr;vernor, that he there with ten thousand men, and desir whether they were necessary in that pr , they were not, they would march for Vii right bank of the river Minho. trlt • - 1... 01. 1, VILLANOVA, MAY 1. On the 29th ult. the regiments under the command of Generals Bonfanti and Lecchi made themselves masters of all the heights against which the enemy's right wing was to operate. All the posts were con quered wi:h the b. )onet, amid the shouts of " Long live the King !" On the 3Uth the enemy made a last attempt to re cover h s positiuns, but the guard drove him back with *great loss. This last engagement determined the Austrians to retreat. They are afraid of being cut off by the army of Germany. We have taken a thousand prisoners. Our head-quarters are this even ing in the neighbourhood of Montebello. \-\`e found a number of wounded Austrians, whom the enemy had not time to take away. VERONA, MAY 3. The Austrian army is retreating. Yesterday the head-quarters of his Imperial Highness were removed to Vicenza. A small bo,:y of Austrians, who had on the 30th passed the Etsch, were soon after obliged to retreat. On the side of the Tyrol mountains, the Austrians have attempted nothing within these few days. It is cerrain they are in full retreat. A person who fled from Vicenza at nine o'clock, affirms, that the Aus trians had dispatched 30000 men of their army to Germany ; that they were in want of provisions and forage ; that at Vicenza they made a demand of 1,000,000 florins, to be paid in four hours, in c tsh or wrought silver ; that they had compelled the iltabi tants to exchange a great quantity of their worthless paper-rndney ; and that, finally, their array was on its retreat. To-morrow we are to commence acting offensively. Just now our ct,mmander has issued an o, der to repair the bridge of Villa Nova, on the way to Vicenza, which the Austrians had destroyed. N. B. The telegraphic intelligence from Italy above announced, confirms this intelligence.—( Journal de l'Enzpire, Nay 10.) MILAN, MAY t. Yesterday 584 prisoners of war arr:ved here from Mantua. From the head-quarters at C:11U:ero we have re ceived dispatches relating to the late occurrences with the enemy in that quarter. On the '2sth ult the enemy appeared before Malg'era with 4000 men and eight pieces of cannon, and attacked it with great vehemence. The garrison, consisting only of 1200 men, made a valiant and successful defence ; the enemy left 150 dead and 500 wounded. It is not thought they will venture to renew the assault. The garrison of Venice is full of zeal, and prepared to drive back the enemy on all points. The corps of Baraguay d'Fidliers has had a serious affiir at the outposts near Trent. The enemy was driven back with the loss of 700 or 800 men. Four hundred ptisoners of war were taken and sent to Ve rona. On the 25th, some p;quetc attacked the Austrian for eposts at the gates of Padua. These were instantly driven back, and forced into the city, where the French cav:ilry entered pell melt with them. The French c:racoons li..ving pursued the enemy to ann. the: gate of Padua, found three carriages coming into the city, which they stopped. In the first sat M. de Goess, Intendant General of the Austrian army. He had with him the Most scandalous libels against the Emperor Napoleon and the French and Italian na tions ; the carriages also c..ntained a vast number of seditious pv.,:larnations published by the Archduke John, in order to rouse the people and army of Italy to rebellion against their lawful Sovereign. MILAN, MAY 4. I lead-quarters at Mo ntcbello, May 2. Our troops which went from Villanov a, have been pirsuing the enemy with the bayonet nine miles—a great number of men have been killed, and 500 taken plioners. Our fore posts are before the gates of Vicenza. • We learn the following from Lanigo number of robbers, excited by the seditious Proclamation of the Austrians, had collected together, and entered the city with .hc view of plundering it. But the bet ter class of the inhabitants attacked and dispersed them ; 13 were taken pti;oners, and a nurntvr killed. It is believed the banditti will not dare to shew them selves aiain. • LOWER RHINE, MAY a. The head-quarters of the Prince of Pone Corvo are removed from Krannyfeld to Mut n, whence we infer that the Saxon troops are marain against the Lohernian f on! ler. On Ca! '29th the remainder of the Austrian army was on the retreat from the Upper Palatinatt: to Bo hemia. The Austrian artily which passed the had collected behind the Traun. DRESDEN, MAY!. Three days since the Saxon army clamed Bohe- L mia. It has marched towards Pilsen. ILEMPTEN, MAY S. • The Duke of Dantzic came on the 29th, with the Bavarian troops, to the Salza. The Austrians, who made a chew of resistance at Toissendorf, were driven back with the loss of a number of prisoners and some artillery. _ At Saltzburgh the Bavarians took their revenge of the Austrians, for the incursion on the 4th. They routed all who opposed them, and entered the town at the same time with the fugitive Austrians, and took a great part of the garrison prisoners. The Duke of Danttic has sent a column towards Kufstein to relieve the fortress, which the Tyrolese insurgents have invested. Fro.n the Tyrol, we hear that the northern part is entirely in a•state of insurrection. Those who refuse to take up arms against the Bavarians are compelled by every species, of ill-treatment. Tke insurgents, in great bodies, have marched into Suabia and by the Lech, plundering every where: they drive away the cattle. RIEDLINGEN, MAY 4. The Austrian turps, which retreated over the Da nube at Ratisbon, was on the 28th at Cham in the Upper Palatinate, an 4 on the 29th retreated to the mountain-frontier of Bohemia. The French army is still qationed -above Ratisbon ; the fore-posts reach to Nittenau. According to current reports, the head-quarters on the 2d were at Sigharting. The advanced guard of the French troops had proceeded to Efferding, not far from Lintz, without. having encountered any Enemy. The Austrian trop had all passed the Traun, and were stationed behind that river, from Wels to Lintz. The corps of the Dukes of Tivoli, Montebello, and Istria, together with the Wurtembcrg and Darm stadt troops, have passed the Inn, and are on the high road to Lintz and Wels. The remaining troops had commenced operations against Saltzhurg and the Tyrol. Montebello was to enter Ried on the 2d. It was understood that the Baden troops were with the cons under the Duke of Rivoli. PifiCLIAMENTsfRr PROCEEDINGS. HOUSE OF LORDS, MAY 18. The Marquis of Sul:to took the oaths and hic teat es Baron Mowrzwcit, on his succeeding to the Peerage, by the detr.ite of his falter the late Lord. The Vauxhall Bridge Bill,and a r umber of Private Bil's, were brought up from the Commons, and read a first lime; and those on the table were forwarded in their several stag e s. WRIT OF ERROR.-HART AND WHITE V. THE KING. The farther hearing upon this case being resumed, Mr. SOLICITOR-GENER AL, as second Coun sel for the Crown, addressed the House in support of the Judgment of the Court of King's Bench. Like the Attorney-Gesteral, he adduced a numerous list of precedents to spew, that the legal authority of the Court of King's Bench was paramount throughout the Realm of England, and that the Judges of the Court were vested with a'discretibnary pots er to order the confinement of offenders in any of his Majesty's gaols throughout England ;_ and argued that most of the precedents brought forward by the Learned Counsel for the Plaintiffs in Error, had little or no bearing whatever upon the case ; and that far from overturning the cases and arguments in favour of the • legil and supreme criminal jurisdiction of the Court of King's Bench, they in general clashed with each other, or ;ended to establish the inferences of their legal force : besides this, they were all antecedent to the Revolutimi, with the exception of cne case, that of Christopher Layer ; and that the dicta ef Lord Camden, so much vaunted by.the Learned Counsel, had no reference whatever to the authority of the Court of King's Bench. Mr. CLIFFORD, in an able and eloquent speech, replied to the arguments of the Attorney-General.-- He contended v.rontiotisly in favour of the validity of the precedents he adduced, and their strict appli cation, as he had previously argued —He contended that from the best principles of the Con&titution, flte prescriptions of Magna Charta, and the provisions of the Bill of Rights, the Plaintiffs in error were well founded in their Appeal to that House, and were en titled to a decision in their favour. After the Counsel had retired from the Bar, Earl STANHOPE rose, and made a variety of observations upon the case. He should not, having heard all the arguments of Counsel upon the decline voting, or even giving an opinion as to the question before the House : yet he thought the House should proceed with deliberatism : ere it de cided upon a question of such peculiar importance, he thought the House ought to have information as to the number of precedents • and he referred to some of the provisions of the Bill of Rights, which ordained, that excessive bail should not be required, or excessive fines imposed, nor cruel and unusual pu nishments inflicted. He thought the parties came to their Lordships ori just grounds, as to their right of appeal, iu a complaint of an erroneous judgment of the Court of King's Bench. And he noticed some recent judgments of that Court, wherein, for offences in his mind more criminal and injurious than that of which the Plaintiffs were charged, the judgment of the Court had not been nearly so severe. The LORD CHANCELLOR, though he enter tained no doubt in his mind as to the law in the present case, was desirous of hearing the question arising from the appeal of the parties to that House, as it involved points which excited much attention, as thought to implicate the liberty of the subject. He then made a variety of remarks upon the case, in a legal view of it, and considered the offence of which the Plaintiffs in error had been convicted as one very dangerous to the peace and welfare of the community, as tending to bring the administration of justice in the country, and in the most injurious way, that of verdicts of acquittal by Juries, into disrepute. Their Lordships should Lear in mind, in deciding up on the case, that there were two patties—the case of two individualB on the one hand, and the interests cf the public on the other. The Noble and Learned Lord concluded by submitting to the House a ques tion to be put forthwith for the consideration tf the Judges; and which was, after some conversation be tween his Lordship and Lail StAnhope, as to the' wording the question, shaped to the following effect: Whether a person convicted in the Court ofKing's Bench, sitting at Westminster, of a misdemeanour GAS LJOHT AND HEAT COMPANY. _ _ • - The Report of the Gas Light and Heat Company Till was taken into further consideration, and. the third reading fixed for this day aeon igb t. WIVES AND FAMILIES OF IRISH MILITIAMEN. Mr. ROBERT DUNDAS obtained leave to 1,1 4 1 g ia a Dill for :he better providing .Jr the Wives and Families of biLtcd teen serving as substitutes in the Irish Militia. BOARD OF AGRICULTURE. On the Motion of Sir JOHN SINCLAIR, a Committee w rppointed to inquire into the progrefA made by the Boar of Agri culture in the Surveys of thu several Counti - •s of Ergla::e Wales, and of the best means for Parliainent and 02 public at large to derive benefit from the same. . - - eemmitted in the county, can, by the lawful authority of the said Court, be imprisoned in any of h!s Majes. ty's gaols in any county in England other than the county where the off..ace was committed, or fide the Court sits; or whether such persons being requir- ed to give security for a reasonable time :Iter the es. piration of their imprisonment, was unusual or cw t . trary to law ?" &c. The question being reg , i! ar l y put for the considerat;on of the Learned Judges (who were present)— Lord Chief Justice MANSFIELD itram:d:AteiT rose, and delivered the unanimous opinion of th e Judges to the law upon the case ; the result of which was, that his Majesty's Court of King's Bench 1:8J full legal power and authority so to der. Lord ERSKINE, after some prel;minary rens 3 4 s as to the principles which governed his own crlnj lict in legal considerations, avowed his opinion to be 0 the,same effi:ct. After a few words from Earl STANHOPE and th e Loan CHANCELLOR, the question was put, an i t h. judgment of the Court of King's Bench affirmed by their Lordihips.—Adjourned till ts-morrow. --- HOUSE OF COMMONS, THURSDAY, MAY is The Chelsea Water Works Rill was read a third ttrn., fur 't -r proceedings respecting It were postponed till Wednksdly next. The Irish Post-Roads Bill was committed for to-morrow, The Irish Assize Fees Eill was ordered to be read a thitd no t to-morrow. The Irish Militia Completion Bill passed through the Conyrit• tee, and the Report was ordered for to-morrow. The l'auper' RenaovaL gill was read a second time and rm. mined far Wednesday next. The lilackfriars Sunduy ToU Ell was committed for tomor- row. A person frOm the °flee of the Auditors of Pub!i.7. Acequtzs presented certain Accounts for the year ending the Sti• January, 18C9. GAS LJOHT AND HEAT COMPANY. The Report of the Gas Light and Heat Company Till was taken into further consideration, and the third reading fixed for coLomm GORDON. Sir OSWALD MOSELEY begged to ask the Right Hon• ur able Gentleman (the Chancellor of the hxchtquer), whether rhe:e was any foundation for the report, that Colonel Gerdon had re linquished the ground he held next Chekea CoPege? The CHANCELLOR of the EXCHEQUER repicii, that he never had made any pledge that he shoull induce Col , mel Gor don to relinquish this ground; but if the Lords of the 1 relouty should think it advisable far the benefit of the Ho.pital,he should recommend it to Colonel Gordon to give it up. Be had not heart any thing of the report all:•ded to. MONUMENT TO TIIE MEMORY OF THE LATE CAPTAIN H ARDINGE. Mr. WARD rose to propose a Monument to the Memory of Captain Hardinge. He began by moving that the entry on the Journals respecting the motion for erecting a monument in e Collegiate Church of St. Peter?' Westminster, to the memory of Captain Falkner, who fell gloriously in 1795, be then read.— It was read accordingly ; and Mr. Ward then pro. ceeded to enter into a detail of the distinguished ser vices of Captain Hardinge. He stated that that gallant officer had begun his career under the aus pices of Sir Sidney Smith at the siege of Acre -- that he had followed it up in a ,manner worthy of such auspices. -Here the Hon. Gentleman entered into a detail of Captain Hardinge's services, particularly in the action in the vessel commanded by Captain Miller, which was afterwards blown up ; as also his services in the Terror bomb and Scorpion sloop. He commented on the intrepidity displayed by Captain Hardinge when commanding the Scorpion sloop, in cutting ont the Atalante brig, and read a passage from the letter of Captain Perry, highlrextolling that service. He next adverted to the engagement uff the coast of Holland, with a Dutch ship of much superior force, and his conquest of it after a most desperate encounter, in the course of which he boarded the enemy and fought hand to hand with the Dutch com mander, who heroically resisted to the last the gene. rous solicitations of Captain Hardinge to accept of quarter. He applauded the generous sympathy with yhich that brave man had afterwards fre. quently lamented the fate of a brave enemy, whose recollection had often filled his eyes with tears. He lastly adverted to the memorable engagement in March 1808, memorable for such a victory and fur such a death, in which the San Fiorenzo encountered and beat the French frigate, the Piedmontese. The Piedmontese was manned with 566 Frenchmen and 200 Lascars, making in all a force of 56.3 men. The San Fiorenzo had but $8 guns, and not more than 180 men. The action was off and on tor three days together, and that Fart of it in which he fell lasted an hour and 40 minutes, and ended in the capture of the greatest scourge our commerce had known in the Indian Seas for a long time ; and next to the name of the Hero who fell, he said that of Lieutenant Jowson was worthy of honourable mention for his conduct in that action.—The Honourable Gentleman then went into some abstract observations nn the general policy of keeping alive that desire of fame— " The last infirmity of noble rnind‘," by the manifestation of the country's gratitude for such services. He stated that the merchants of Bom bay had, to their honour, subscribed €IO,OOO fur the purpose of erecting a monument to the memory of this intrepid Officer; and concluded with tooting, " That an humble Address be pres'ikted to his Ma jesty, praying that he would be graciously 'timed to give directions for a Monument to he erected in the Cathedral Church of St. Paul's, London, to the memory of Captain George Nicholas Hardinge, for his eminent achievements during the course of his short but serviceable life ; and particularly in the Indian Seas, &c. assuring his Majesty ova that House would take care to make good the same." Mr. WINDHAM opposed the motion. 1 le great as was the merit of the individual in this cite:, still mere merit was not the rule by which the grant of national honours was regulated. it was their scarcity made them distinctions, and it was by being distinctions that they were honours—the national benefit accruing from the service, was that only which called for national distinctions, and making them common would only go to counteFuct t:ie object it was their avowed purpose to effect ; the smallest ser vices might have as much merit iti them as the greatest ; a coxswain of a boat might in any one ac•