Star. — London, England, 1809-01-24 00:00:00

P4RLI4MENTARr PROCEEDINGS. HOUSE OF LORDS, MONDAY, JAN. 2s. CRUELTY TO ANIMALS. • Lord ERSKINE gave notice of his intention of speedily sub mitting to their Loidships a Bill for Preventing Cruelty to Ani mals, a measure equally called for by public morals and the law of GOD,. - PRIVATE PETITIONS. It was ordered, on motion, that no Petitions relating to pri vate bushaess should be received after the Ist of March. INSOLVENT DEBTORS. Petitions from the 'Prisoners confined in the King's Bench, Carlisle Jail, and other prisons, were prevented, praying for a Bill of Insolvency. DEBTOR AND CREDITOR LAWS. The Earl of MOIRA gave notice that he would take an early opportunity of moving for a CamnZWee of the whole House, to which the consideration of the Laws relating to Debtor and Creditor may be marred. Lord AUCKLAND wished to make a few obser. vations previously to the consideration of the business which stood as the order of the day. He held in his band a letter which he had received this morning from a Noble Friend of his (Lord Grenville) reques ting him to state to the House the extreme regret of the Noble Lord that he was prevented by indisposi tion from appearing in his place, and authorizing him to express his unqualified approbation of the vote of thanks to Sir Arthur Wellesley and thearmy wider his command, for their gallant conduct in the two actions in Portugal. The letter also stated that it was his (Lord Grenville's) intention to submit a motibn to their Lordships for rescinding THE ORDERS IN COUNCIL, and his wish that their Lordshi2s should be summon ed for this day fortnight. . . He understood from his Noble Friend, that he intended to found his motion on the letter written by Mr. Pinckney to one of his Majesty's Secretaries of State. He would therefore, if the Noble Earl (Liverpool) on the opposite bench had no objection, move for an Address to his Ma testy fdr a copy of the said letter, and other docu '4T:itents. The Earl of LIVERPOOL could have no objec tion to the production of any papers that had been laid-before the American Legislature. He would observe, however, that the whole of the correspon dence between the American Minister and his Ma jesq's Ministers had not been published in the Uni ted States. He thought the Noble Baron hadbestpost pone his motion.for the present, and.reproduce it in a shape less liable to any objection on account of form. Lord ERSKINE said, that this important subject could not be too soon brought under discussion. It was'his firm conviction, that if the proposals contain ed in Mr. Pinckrey's letter had been accepted by his Majesty's Ministers, tbetlnited States would have been at war with France a month ago. Their Lordships, on the motion ofLord AUCKLAND, were ordered to be summoned on this day fortnight. SIR ARTHUR WaLLESLRY. The Order of the Day having been moved and read, The Earl of LIVERPOOL rose to move the Thanks of the House to Lieutenant. General Sir Ar thur VVellesley. He felt particular sa tisfaction in discharging the duty imposed upon him, both on ac count of the personal rega:d he entertained for the gallant Officer who was the subject of it, and the ho nour which the two victories he had obtained reflected upon the military character of the country. He would purposely abstain from any allusion to the consequen ces of these victories at present, as they would pro bably become the subject of future consideration, but restrict what he had to say to the mere circumstances tinder whieh the battles of Roleia and Vimiera were fought. [The Noble Earl here gave a rapid sketch of the proceedings of the army under the command of Sir A. Wellesley, from its landing at Mondego to the defeat of the French on the 21st of Au gust.] " It will be seen," said his Lordship, "from what I have stated, that upwards of 21e000 French, in the military possession of Portugal, were compelled to evacuate the country by a British army, consisting originally of 13,000, and at no time of more than 17,000." Before he made his motion, he wished to anticipate some objections .which might possibly- be offered to it, because it did net include the Officer who, strictly speaking, had the command in chief on that occasion. But as that Officer, with a magnani mity highly honourable to his feelings as a man, and character as a soldier, had voiuntarily resigned, in his official dispatch, all pretensions to the glory of that victory; and as he, in fact, did not exercise one act of command until the enemy were repulsed, and the victory assured, he could not properly become the subject of a Vote of Thanks. His Lordship next mentioned the Votes of Thanks to Lord Nelson, for the victory cf the Nile, when he was under the com mand of the Earl of St. Vincent; to the same for the victory at Copenhagen, when he was under the com mand of Sir Hyde Parker ; and to Sir Ridrard Stra chart, for his victory over a part of the French fleet which had escaped treat the battle of Trafalgar, being then attached to the Channel teen ; to show that it was not unusual to thank Officers who were second in command far brilliant victories. His Lordship pro:ounce,' a warm panegyric upon the talents, bra very, skill, and energy of Sir Arthur Wellesley, and concluded widi moving the Thanks of the House to him for the victories he obtained at Roleia and Vi rniera. The Earl of MOIRA said, that he felt great pain in finding himself under the necto,ity of giving a qua lified oppc:e.:ition to the motion. With respect to the merits of Sir A. Wellesley, no one could entertain a higher opinion of them than himself. Ile gave him full credit for deserving all the praises bestowed on him b.y the Noble Earl. The effect of the motion, however, would be to stigmatize another Officer of equal talents and bravery, he me.nt Sir Harry Bur rard, and he therefore could not concur in it. The instances mentioned by the Noble Earl did n o t appl y . to the relative situation of Sir Arthur Wellesley and Sir H. Burrard. The latter was to all intents and purposes the Commander in Chief on that occasion, and as the shame cf a defeat would have attached to him, he was, therefore, entitled to the honour of the victory. He did not ask their Lordships to detract from the merits of Sir Arthur Wellesley, but to do justice to a man who, if he were not included in this Vote of Thanks, might justly complain of being most cruellyttised. Coble. Earl tare .* k an oppor. tunity of e2pressing his approbation of Sir H. Bur rard's condtict, in declining to pursue the enemy on their retreat. His Lordship observed, that as the Thanks of Parliament were the highest honour that colfild be conferred on a subject, he thought they should be reserved for great occasiona, and not la vished on every trivial advantage obtained over the enemy. He did not mean, however, to say that this was not an occasion which fairly called far so how:Mr - - able a distinction. His Lordship moved, as an amend ment, that the thanks of their Lordships should be given to Sir Harry Burrard and Sir Arthur Wel lesley, &c. Lord HARROWBY shewed, from Sir Harry Bur rard's dispatch, that that gallant officer did not con sider himself as having the least claim to the credit of the victory at Vimiera. He &ad not joined the army un it the action-was almost over, and did not interfere in any way whatever with the dispositions made by Sir Arthur Wellesley. He had, in fact, with a mag nanimity which reflected the highest credit on him, relinquished all pretension to the command during the action ; and if the army had been defeated, he would not have been responsible for such a calamity. To include Sir H. Burrard in the motion, would have the effect of approving his conduct subsequent to the battle. Lord SIDMOUTH heard with surprise, not un mixed with regret, the amendment of the Noble Baron (Lord Moira) and the arguments by which he had endeavoured to support it. There was no Noble Lord to vhose opinions he was more disposed to pay deference, especially on military subjects, than to those of the Noble Baron ; but upon the present occasion he did not feel the least hesitation - in - differing from him. The House had been cklled upon by the Noble Setretary, to exercise one of its most gratifying pri vileges, in the bestowing upon pre-eminent merit the highest and mast honourable reward which merit could receive, the thanks of Parliament, for services he would not say, perhaps, but unquestionably among the most splendid and glorious which, at any period of history, had adorned our annals. He was desir ous, with his Noble Friend, to avoid any kind of in ference or allusion that might be construed into dis respect for the conduct or character of other gallant officers ; but hew was that necessary here It could aot be denied that the arrangements in our army previous to the battle of Vimeira were made solely by Sir Arthur Wellesley ; and whether we contemplate the wisdom and skill displayed by that officer in adapting his force, greatly inferior as it was to that of the enemy, or the spirit, bravery, and energy with which those dispositions were so gloriously carried into effect, we Willi an instance of British heroism so signally laudable, that for this House to omit the due acknowledgment of it, tir not to proclaim it to the country, woi 1 I be a dereliction, of their public duty, and au abandonment of their own honour.— With respect to the gallant officer who was the ob ject of the Noble B iron's amendment; if he thought the motion of the Noble Secretary as implying any censure whatever on Ora officer, he would be the first to oppose it ; but he had the authority of Sir H. Burrard himself, in the testimony of exclusive praise to Sir A. Wellesley, for brilliant achievements at Vimeira, in his disclaiming any :share in those mea sures which led to and effected it. Under these cir cumstanon, he could not withhold his full and un qualified assent to the motion of his Noble Friend. Lord ERSKINE rose, under very great embar rassmeo:, to offer his sentiments upon the motion now before weir Lordships. The question was deeply in teresting to every one who viewed it ; but it was pe culiarly so to him, who at an early period of his life had the honour of belonging to the military profes sion ; not that he could presume on that account, and at this day, to juige of the conduct of Comman ders ; but the recollection of that period of his life ex cited a mere than common concern for every thing connected with the character and honour of the Bri tish Officer. With the gallant officer whose name had been introduced by the Noble Mover of the amendment, his Lordship observed, he had no ac quaintance, not even the slightest personal know ledge ; whereas, with many of Sir Arthur Welles ley's family it was his boast to be acquainted, and among all the friends of that illustrious officer, there was not one who would be more forward to admire and applaud his brilliant achievements than his Lord ship ; but highly as he admired the skill, gallantry, and exploits of that officer, he could not consent to a mode of proceeding which appeared to him invidious and injurious to the character and honour of Sir H. Burrard, and consequently as tending to injure essen tially the army itself. It was impossible to agree to the motion of the Noble Secretary without casting censure on Sir Harry Burrard ; for, -who, his Lordship asked, was the Commander of the British army at the battle of Vimeira ? Was it not Sir H. Bin rard ? This was not denied, and might lie not in the p enitude of his power have counteracted all the meaeures of Jir A.; but with a magnanimity as well as discretion that could not be too much admired, he not only conformed to all the arrangements which had been made, but proclaimed his entire and ardeht approbation sf them; and here it was somewhat extra ordinary, that this very liberality and generous frank ness of Sir H. Burrard was made use of as an argu ment to blast his fame. Ile was willing to yield all honour to Sir Arthur Wellesley ; and for this reason Sir Arthur's friends, it appeared, would allow Sir Harry none. The Noble Lerd contended, that it had always been the practice, aed a wise and salutary ' practice, to assign the praise of military and naval exploits to the chief in command; at least not to omit his name, unless to mark it with disgrace ; and his Lordship utterly denied the analogy between the pre- , sent case and the instances of Trafalgar and Copen hagen, as mentioned by the Noble Lord who spoke last but one. At the Nile, particularly, Lord Nelson was too far removed from LordSt.Vincent to be either aided or controlled by the authority of Lord St. Vin cent, and every thing was necessarily the suggestion of his own wisdom, and the achievement of his own valour. Having mentioned the navy, • his Lordship took occasion to advert to the distribution of prize 7 , money, which he considered as being applicable to the point in debate. In the tumultuou and compli ca t e d state of a naval e n gag e ment b etween large fleets, it must generally happen, that the Commander in Chief is sb involved in smoke, as to.be incapable of discerning the progress of the battle in . all its parts ; and much will often depend upo4 the zeal and discretion of subordinate officers, in taking advantage of accidents unknown to the Admiral, but yet upon which the event and success of the day may depend. In all sueh,cases, the Commander in Chief must confide in • the general plan he had laid down, and trust to the courage and perseverance of the officers and men for the issue ; but should the most important victory be obtained indirectly, by accident or individual skill and bravery, where the Admiral .was not, and there fore could not be consulted, would it ever have oc curred to this House, or to any one person existing, to withhold the meed of public- praise to the chief m command, because the victory had been gained not only without his special prowess, but even by means without the reach of hrs .- knowledge. Nay, continued his Lordship, it may happen that an Admiral in Chief, reposing at anchor in a pleasant bay, and so reposing as only by his snores to interrupt the sleep of others, will yet lay claim, and justly, to his share of prizes captured far aloof from his ken, by skill and enter prlze in which immediately he had not the smallest participation. The Noble Lord concluded with ex -pressing his thorough conviction that Sir H Burrard was fairly entitled to an honourable share with Sir A. Wellesley, in the honour of the thanks proposed by the Noble Secretary. Lord MOIRA, with leave of the House, withdrew his amendment, and moved that the original question should be adjourned. Lord MULGRAVE spoke at length on the ques tion, and contended that the character of Sir H. Bur iard, than whom there could not be a more gallant officer, would not be in the least affected by omitting his name in the vote of thanks. He sheweci from his dispatch, Oat he waved all claim to the credit- of the victory on the 21st. The Earl of BUCKINGHAMSHIRE observed, that he had the strongest feeling for every thing that regarded the character of Sir Arthur Wellesley. He, therefore, wished to ask a questiOn of the Noble Lord, who had been a Member of the Court of Enquiry. He was anxious to hear from him upon what grounds he approved of the conduct of Sir H. Burrard, in stopping the pursuit of the enemy. The Noble Ba ron said, that no person who was not on the field, could properly judge of the motives which might in duce a Commanding Officer to come to a particular decision. Was it on the opinion of General Spencer, or General Ferguson, or any of the Officers who par ticipated in the glory of that day, that he formed the conclusion which he expressed in the course DEW speech ? • Lord MOIRA said, that it was en the evidence of the very officers mentioned that he formed his opinion. General Ferguson certainly stated, as an inducement for continuing the pursuit, that he could have cut off a considerable corps of the enemy. General Spencer did not give his opinion quite so distinct. He stated some facts w hich carried conviction to his mind, that it would have been highly imprudent to have conti nued the pursuit ; namely, that he distinctly perceived a considerable body of the enemy, probably one-half of their force, formed in perfect order about three miles off. He again resumed his arguments for including Sir H. Burrard in the Vote of Thanks. An Officer might divest himself of his privileges, but could not relinquish his duty. Earl GROSVENOR thought that as in a case of this sort unanimity was highly desirable, it was equally so that the House should not now be pressed to decision upon a point certainly of critical impor tance. He thought the Noble Secretary of State ra• ther premature in his zeal to urge forward a question at so early a day of the session, and before the House were fairly in possession of the necessary documents to guide their judgment. SoMe doubts had cer tainly been entertained as to the extent of the victory itself, and whether it was of that nature which called for the thanks of Parliament : he thought therefore that time should be given for the House to examine the proceedings. No injury could be sustained by Sir Arthur Wellesley by postponing this discussion, while the passing of a vote of thanks to him, and ex cluding the name of Sir Harry Burrard, might give rise to painful feelings, even were none whereintended; and the honour of Sir Arthur could suffer no abate ment by the delay, as true popularity, like true va lour, always delighted most in that fame which was the result of tool judgment and deliberate convic tion. 1 Lord AUCKLAND agreed with the Noble Lord , (Moira), that the Vote of Thanks which the House had in its power to bestow, should not be given hastily and unworthily ; and in this opinion he doubted not the whole House would agree. It ought, too, to be considored a deserving vote by the receiver, as well as by the givers, and for this reason his Lordship was anxious that it should be given with unanimity. The LORD CHANCELLOR then put the ques tion on Lord Moira's amendment, which passed in the negative without a division. Lord MOIRA said, that having been over-ruled in his proposed amendment, no man could rise with more alacrity than himself to bear a deserved tribute of pr.ise to the very meritorious exertions of Sir A. Wellesley at the battle of Vimiera, nor could any man feel higher satisfaction in giving his assent to the proposed vote of thanks. The LORD CHANCELLOR next put the ques tion upon the original motion, which passed in the affirmative, nem. dit.r. The Earl of LIVERPOOL then moved the Thanks of the House to Generals Ferguson, Spencer, Anstru-' ther, Nightingale, and all the other General O ffi cers engaged - in the battle of the 21st of August. Also to all the other Officers of the Army, and the appro bation of the House to the Nori-commissioned OfFcers and privates, which likewise passed in the affirmative. Lord DARNLEY moved, That an humble Ad dress, be presented to his Majesty, praying that Copies of the Reports of the Court of Inquiry, relative to the Convention of Cintra, and other Proceedings thereon," be laid before the House.=Ordsred. Lord AUCKLAND moved, d , That an humble Address be presented to his Majesty, praying that Copies of all Papers from the Ist January, relative to the Negociations between this country and the United States of America," be laid before the House.--Qr dered.—Adjourned till to-morrow. • HOUSE OF COMMONS. - The Spume', a few minutes before four o'clock, begu to -4 1 w the Houle and at the' hour of four there being only SO t besides himsdf, the Hoot of cone was adjourned Ml WEST INBIEt • " KINGSTON, NOV. 26. " Accounts of the complete defeat of the Fre % at St. Domingo, and subsequent death of G ermr; Ferrand, the French Commandant there, have 44 received here by the Variable. On the 16th inC. a flag of truce was discovered by the officers of L vessel to be hoiZtedclose along shore. The b oat were instantly manned, and proceeded to the place On the seamen landing, they were welcomed by Spanish General with 150 men, who stated that th Spaniards had been successful in repeated atta c k, against the French, having destroyed upwards q 400 of them ; and, in a recent engagement, sev Spaniards who were under French controul,'and taken up arms on their side, fired upon General Fez. rand, and wounded him in the thigh ; when, finding enemies among his own troops, in a moment of des. peration, he applied a pistol to his head, and tent. nated his existence. ‘, The decease of General Ferrand will be much regretted., He maintained a virtuous and honourable character during the whole of his command at St. Domingo.. If over an individual tried to abate tl a rigour of war, it was himself. — Every Englisliniz, made .prisoner and sent to that colony, spoke in the most handsome manaer of his di s interested conduct, as it was hii invariable rule to act generously to all • • under his authority. " We learn that the French, on being attacked hr the Spaniards in St. Domingo, had abandoned :zrzi set fire to a small vill.!ge they held a few leap:. from St. Domingo, and retreated to that city. a His Majesty's brigs Reindeer and Pert, arrlid in 'Port Royal; brig, us the tidings of the capture ci Sainana, that famous rendezvous for a horde of pri. vateers, by his Majesty's frigates Franchise, Aur ora , and-Dsedalus, and Reindeer and Pert brigs, • 44 Qn the 10th instant these vessels anchored off :the tawp, when the alarm was soon spread ; and at the sight of such a superior force, the principal part of the inhabitants, consisting of upwards of nine hun dred men, women, and children, sought refuge oe hoard l'Exchange privateer of 14. guns and -10 n men, and another privateer lying in the harbour, ex. petting they would be able to effect their escape to St. Domingo, with the assistance of their sweeps., The men of war, perceiving their intention, imme. diately dispatched four boats, well manned, in pur. suit of them, Which soon came up with, and captured them. In the mean time several other boats pro. ceeded to storm the fort, which was accomplished after a slight resistance. We regret, however, to add, that Captain Dyer, of the Aprora, was dangerously wounded in the head by a musket ball, while landing the party. Four vessels, lying in the harboiir, laden with coffee, etc. also fell into the hands of the captors. A vessel was shortly after dispatched to Porto Rico with the intelligence, and requesting a sufficient num ber of troops to be sent from thence to garrison the place. The frigate confirms the intelligence of the death of General Ferrand. It appears, that, on the first attempt of the Spaniards to gain possession of the city of Santo Domingo, the General' did not command the troops himself ; but on the following day, when he nnderstood that a large body of Spaniards from Rico had landed, and things, began to wear an alarin ing appearance, he marched out at the head of a very fine corps, on whom he placed the most implicit con fidence, but scarcely had he proceeded, when the major part of them, who were Spaniards, and who were exasperated at the outrage committed by the French against their country, deserted his ranks, and joined their countrymen. Enraged to see himself thus! abandoned by his only hope, General Ferrand terminated his existence by blowing out his brains with a pistol. Still, however, the Spaniards were unable to gain possession of the city, but retired to a strong post in order to wait for reinforcements, when the attack was to be renewed. " On the 23d inst. off Cape Tebeiron, the Hebe spoke a Spanish schooner, which had been at Santo Domingo as a flag of truce from Cuba, which con firmed the above intelligence. 4 , Accounts from the City of Santo Domingo, sir: St. Jago de Cuba, reached this city yesterday, saying that it must shortly fall into the hands of the Spa. , niards, as the garrison and inhabitants were in the greatest distress imaginable, from the want of provi. sions, and no probability of obtaining a supply, the ports being blockaded by British vessels, and all the communication with the interior cut off by the Spa. niards. gg Major Ausnach t late of this city, and formerly in a colonial corps in the British service, has become Commander in Chief at St. Domingo, since the death of General Ferrand. He is represented to be a brave and determined man, and of an estimable character. " KINGSTON, DEC. 3. 'f On Thursday last • arrived here the Franchise frigate, of 36 guns, Captain Dashwood, with the French privateers l'Exchange and Guerrier, of five guns, and 100 men each, and le Brutus, mer..u4nt ship, laden with coffee, &c. which fell into the h nds of the British at the time Samana was capturej. 'll.c Franchise sailed from Samana on the 25th ult. at which time every thing was tranquil. Tie fc-• garrisoned by a detachment of Spaniards, Aid( -. part of the Aurora's crew. Colonel La Bur late Commander in Chief at Santana, Wi • • and a numb; of prisoners, have arm , Franchise." •