Star. — London, England, 1805-09-09 00:00:00

PRISONERS OP WAR. The following interefling Paper forms part of a C..rrefoondence which took place with a view to ob- tain the liberation of the gallant Captain \Valour, through the intervention of the Spanifh Anthaffatior at Part, DECLARATION OF THE BRITISH GOVERNMENT Refpeclirg the Perfons ftiscd and detained in France, in violation of the Laws of Nations and of Hofpitality, and Gating the Terms upon which it will coafent to a general Cartel for the Exchange of Ptroners of War: " Sts, Downinz•ftrect, Aug. 41804. 66 I have had the honour to lay before lorciCaM• den your Letter of the }7th oh. incicling the Copy of a Letter from Mr. Riviere, written by order of the French Miniiler of Marine and Colonies, to the Commiffioners for the Cultody of Prifoners of War, claiming the releafe of the French crews and garri f-o. 'hat "ere made prifoners by his Majetty's lqua dron off Cape Francois, in the ifland of St. Domin g., on the 3oth of November Jolt, in virtue of the ad article of the Convention then agreed to by the Englilh and French Commanders ; and in anfwer thereto, I am directed to communicate to you his Lordfhip's fentiments, for the information of the L4rds Commiffioners of the Admiralty, in order that they may be tranfmitted, through Mr. Riviere, to the' French Government. In that Letter, Mr. Riviere Aces, that the Miailler, under whole orders he aes, dire 1s him to obferve, 6 That the misfortunes of war are fufficiently heavy in themfelves s and call particu larly on thofe who, by their fltuation on either fide, are fo powerfully enabled to influence the fate of htt rnanity, not to leek occafions reciprocally to aggra state thofe misfortunes 11111 more, either by evafions or diffentions, unworthy of their public charat9er ;' and he concludes his difpatch by remarking—' That the Admiralty may be affured of the dired and de cided intention of the Government of France, that none of the duties of humanity (hall be negleded in favour of prifoners of war.' Toe fentiments thus avowed are congenial with thofe which are entertain ed by his Majetly's Minifters, and however much the conduit hitherto adopted by the French Government has differed from thofe fentiments, I am notwithttan. ding direded by Lord Camden to lay before you the following flatement, as he cannot, from Mr. Ri viere's exprellioas, but entertain the expedation, that 'when the juflice of the cafes which 1 proceed to lay before you, for his information, (hail be conlidered, the French Government will afford that fatisfaaion to this country which the has a right to exped. " At the very outlet of the war, even before his Majerty's Ambalfaclor had left France, a very confi derable number of his Majerty's lisbjeds, who were refident in France by the permiffion of the French Government, and on the faith of the Law of Nations, or under the prozedion of paffports from the Mini flers of France, were, in defiance of the eftablithed pra&ice of European Nations, detained as prifoners in France , and have (ince been confined in diltant for odes in that counts y. Whilft this flagrant violation a thole laws and cufloms, by which civilifed nations bave In long been guided, has taken place in France, his Majeity's Government have yet allowed all per (one who are of the clafs known in the cartel of the lag war, by the defignatton of .Non Comlattaru, to re turn to France, and 5:6 perfons of this defcription have been adually fent to France, whila only one perfon of the fame defcription is known by the Tranf pert Board to have been fent from France to this country. Lord Camden conceives that this plain Ratement fufficiently marks the different principles which have actuated the conduit of the two nations, and therefore makes no further comment or obferva tion upon it, but direds me to (late to you other cir cumltances connefted with this fubjed " In the month of June, 18°3, a det..Ament of his Majelty's troops landed on the ifland of Sr. Lu s ; and, on terms of capitulation being refuted, they flormed the chief fortrefs of that ifland, and took the garrifon prifoners of war; but to far from tiling the power which a vielory fo obtained might have al:folded him, his Majelly's Commanding Officer, though he might have kept the garrifon prifoners in 'he %Vert Indies—though he might have fent them to England, (tripped of all their private property,there to be retained in prifon, yet, upof the higheft pzinci• pie of honour and humanity, he fent then to their' own country on their parole,with an entire confidence .4 their being immediately exchanged. No acknow. Icdginemof this generous condudhas beets made, and nut a angle Britiffi prifoner has been releated in re turn for the garrifon of St. Lucia. _ _ _ _ 44 In the fame month of June, 1833, the ifland of Tobago was attacked by a firong Britilh force, ~ n d, on being fummoned to furrender, General Berthier, the Commandant, not being in a fituation ca make refilance, propofed a capitulation the moil Favourable to the French garrifon, which co/Ailed of only 89 rank and file. It was in the power of his ;;Ijelty's Commanding Officer to have forced the garrifon to furrender at difcretion, yet he humanely agreed to the capitulation propofcd, and fent the I 'irtrrifon to France at the eapence of Great Britain. .6 In Oftober, 1803, the French garrifon of Pon-1 1 cherry, cent - riling of 177 perfons, cut oft from all' , potlibility of fupport, were fummoned to furrender, ir i r a tirong detachment of his Majefly's forces, when, PA their propofing a capitulation, the Britith Com. tnanding Officer, who might have reduced them .hdlont the danger of lofs, confented to allow them 4re mod favours le and generous conditions : they .ere to be carried to France, and to receive their full • i ; ty till their arrival, from the Indian Company, and ' , ..ere only debarred from ferving again fur a year and day. " A cartel fhip, named the NI stiltla, was taken i Ito employment for this fervice, which a few days kgo arrived in the Channel, and immediately pro. z.s.eded off Havre. That port being blockaded, the canal was dircocd to proceed to Fecamp. Upon its arrival off that port, no notice being taken of the teveral of the French officers requelted to be al. iewed to enter the port in a boat. This was pert sit ; but, on advancing near the harbour with a flag Pi truce, the boat was fo repeatedly fired upon, that they were obliged to relincprilb the attempt, and the cartel has arrived in the Downs. , s Notwilliflanding the& coreuraances, and that .lie lila public cartel thip was fired upon from Mor !.ix, wbicb is pointcd out by the hcnch Go7ern• anent u the port to which flags of truce are to be' tent, the cartel has been ordered to proceed to that port, and to make another attempt to carry the ca pitulation entered into at Pondicherry into execution. " I now proceed to !late individual cafes, to thew the (pink which a6tuates the Government of France. " Captain Furien, Commander of the French fri gate Francaife, was allowed to go to France, on kir parole to retina to England in three snonthe, if he could not procure the exchange of Captain Brenton, of his Majefty's frigate Minerva. The liberation of Cap tain Brenton has been refufed, and the French Go vernment have propofed to fubffitutc--tfl, Colonel Cranford— zdly, Mr. hi:Namara—and, idly, a Co. fond Smith; the two former of whom being refi dent in France at the time of the rupture between the two countries, were detained as prifoners con trary to the law of nations ; and Colonel Smith is not known to be in the army or navy of this country. " I am next to advert to the capture and deten tion of Lieutenant Dillon :—Lieutenant Dillon, of his Majedy's frigate l'Africaine, was fent into Hel voet on the aoth July, 1803, in a fix oared cutter, with a flag of truce, and was there feized and de tained with his crew. Upon a reprefentation being made on the fubjecl, a letter was received from the Officer commanding at the Texel, under date Otto ber 16, 1803, to the Officer commanding his Britan• nic Majefly's (hips off that port, Rating, that orders had been ilfned by the Council of the Batavian Navy to the Commanding Officer at Helvoet, on the aoth of July preceding, for the entire releafe of the Paid Lieutenant, flag of truce, and equipage ; in confe quence wherenf he departed on the fame day, but he was on Lis return carried back by a . French a med boat, and tranfported on board the (hip of the Commandant of a French divifion Rationed at the fame putt. It appears that remonftrances have been made by the Batavian Republic to the French Government for the liberation of Lieutenant Dil lon, but notwithßanding thefe circumlfances, Lieu tenant Dillon is Rill detained a prifoner in the terri tory of France, in open violation of every privilege in relation to flags of truce, eftablifhed and acknow ledged by civilifed nations. " But the cafe of Captain Wright deferves and requires more obfervation than even any of the I have laid before yon : It appears that Capt. Wright, commanding his Majefly's Sloop El Vincejo (which was taken off the coati of Brittany on the zoth of May lag by ( I• veral gun boats), inflead of meeting with that liberal treatment which has uniformly been experienced by French officers in limilar cafes, was fent, with circumllances of peculiar indignity and feverity, to Paris, fubjefted to clofe imprifonment in the Temple, and obliged to undergo repeated inter rogatories before a Court of Juffice, when none of the leas alledged a,,rrainfl him would, if true, autho rize the French Government to confider Captain Wright in any other light than as a plainer of war, atld as entitled to every privilege of that fituation.— Lord Camden finds it difficult to permit me to advert to a cafe of this flagrant nature in the terms and ex preffions to which this communication ought to be confined ; for he believes that no age has yet pro. duced an inflance of a gallant officer, who, after de fending his (hip to the mmolf, was obliged to fur render, and who, thus becoming a prifoner of war, was entitled to all the refpea which his condua me rited, was yet dragged to the capital of the hoftile country, and interrogated there, in a manner moft unjullifiable, upon a fubjea which he could not, and ought not to anfwer. Captain Wright's judgment and firmnefs appeared to be as confpicuous under the circumfance, in which he was placed, as his gallantry in his particular profeffion ; but he yet remains a dole prifoner in the Temple at Paris, an example of the honour, the firmnefs, and the fpirit of the Britith charaCter. a I dole this flatement with this cafe ; and I now proceed to Rate to you, for the information of M. Riviere, that, in order to 'Oren the evils of war, and to confute the interetta of humanity, his Majelty has twice invited the French Government to accede to the p; inciple r.f a general cartel, founded on the ba th s.f that which exifted between the two nations in the Taft war. The accefilau to thole propofalv however, been evaded by the French Gave: nment, by infifting that the Hanoverians are to be confidered as Britifh prifoners when they cannot be ignorant that the cafe of the invation of Hanover, and tLe war with the King of Great Britain, are perfealy diftina in all their circumltances ; when they know, that during feveral years of the Taft war, the Eleao ral dominions of Hanover were at peace with France, and that no mention was made of Hanover in the treaty of the peace at Amiens, as forming in any manner whatfoever a part of the Britifh empire ; and when they equally know that no Hanoverian is a Britifh fubjea ; but, on the contrary, confidered by the laws of Great Britain as an alien and a fo reigner, and over whom there is no controul in this country. " Having laid before you this natement, it remains for me now only to advert to the partiCular ftibjeet of M. RIVIIRL'S Letter, viz. that thole French pri loners which furrendered at Cape Francois, by capi tulation, in November 1803, fhould be fent to France without delay. On this part of the fubjeft, I am, in the fit ft place, direeted by Lord CAMBhII to refer you to the inclofed copy of the flatevnent to Vice Admi ral DUCKWORTH, by Capt'ain BLIGH, refpeCting the laid capitulation, in order that, by a communi cation thereof to Mr. Itivikes, no pretence may be made of ignorance with refpeel to all its particulars. Upon this ttatement of Captain BLIGH, Lord CAM EO/1N direfts me to make the following obfervations : Firft, it appears that in a moment the moil critical to the French Cortina), all poffibilty of their efcape cut off, their pofition being futh that their falling a facrifice to the vengeance of the inhabitants of St. Domingo was inevitable, no time being allowed for confideraiion and adjufimen t of the terms and nice ties of a formal capitulation, a paper of articles ready prepared by the French Commanding Officer was prefented to Captain BLIGH, who, atcluated by mo tives of generofity and compaffion, immediately con tented thereto, with certain modifications, and with great difficulty, induced General DESSALIIIIIS alfo to confent to them; which modifications (as there was not time to reduce them into regular written terms) the French Commanders, in the pretence of Cain* &Ica, and three of his Officers, promifed on their honour to ratify as loon as they fhould arrive at Ja maica. Secondly, on the faith of this promife, thus , fully and dallinilly given in the pretence of four Bri• tifh Officers, who certify the fail, the French Garr-. fon were received under the proteition of his Ma. jelly's fquadron, and removed from certain immedi ate dearuition ; but as foon as by thefe means they were placed in a (bite of fecurity, they retracted their promife, and refilled to ratify the very engagements by which they were Lived. Lnrd Cannon has thought it necelfary that a aatement of the tranfaitions which took place at Cape Francois (hould be detailed to M RIYIERE, in order ' that the French Government may be aware of all the circumftances of the cafe, and how equitably his Ma jelly might be authorifed in ailing conformably thereto. Still, however, with that fcrupulous adhe rence to capitulations and treaties which has ever difiinguilhed this nation, his Majelly will not infift upon any point which is not included in the words of the capitulation of CapeFrancnis, and will be guided in his conduit by the written inarnment alone. I am now, therefore, direiled by Lord CAMDEN, to defire that it may be Rated to M. RIVIERE, that no time will be loft in carrying into c s secution the capitula tion of Cape Francois, whenever his Majefty's Ga. vernment (hall be enabled, from the conduit of the French Government, to effeituate that meafure ; and that, fo Coon as a number of Britilh prifoners, equal in number and proportionate in rank to the garrifon of St. Lucia, (hall be fent to England, a proportion of the garrifon which capitulated at Cape Francois (hall be fent to France, in order to be exchanged.— This proportion is made upon the principle of evinc ing the molt fcrupulous regard to the capitulations agreed to by his Majelly's Officers—but Lord CAM DEN hopes that the French Government may be in duced to ulterior meafures, in which the caufe of general jullice and humanity is concerned, and which are calculated to alleviate thofe evils of warfare, which M. RIVIERA fia truly (late; ought not to he aggravated. " I am, therefore, idly, to defire it maw be pro. poled to M. Itlvi tat, that if the French Govern men( (hall releafe thofe perfons, natives of Great Ltri tails and Ireland, who were refident in France at the commencement of holtilities by the permit on of the French Government, or the paffports of their Mini. (lets, and who have been detained in France captives contrary to sh; law of nations—and if Lieutenant DILLON (hall be liberated, and Captain WaiGHT re leafed from his confinement, and treated as a prifoner of war, a general cartel, upon the halls fo properly agreed to dining the courfe of the laft war, thould be eltablillizd between the two countries. It wait be obvious to M. Riviere, and to the French Minifter of Marine under whom he atts, how deeply his Majefly mutt be irnprefred by the already lengthened and uujuft captivity of his fubjekts ; and by the circum9ances of Lieutenant Dillon's deten tion, and Captain Wright's iniprifonment ; and how reafonable it is to expett an honourable redrefs in th , ife points, previous to the ellablifhment of a gene. rat cartel. When this fentiment is conveyed to M. Riviere, lam direeted to de fi re that their Lortilhips may, at the fame time, imprefs upon him the confi dent expectation of his Majetty's Government, that if the French Government thall embrace the meafure of a general cartel, they will not again impede its pro grefs, by requiring terms in which it is known that it is impoil4ble for his Majelly to acquiefee. I am, Sec. (Signed) 1! anwatan cooza." Was. Masideu; Ike. Etc. We lament that our limits will not admit of our giving . all the letters and documents connefted with them in detail ; and we mull confine ourfelves to a brief review of their contents. The firit is a letter from Lord Harrowby to the Chevalier d'Anduaga, dated July iB, 1804, alluding to the violation of the rights of nations and the ufages of war, in the treat ment obferved towards Captain Wright, who as a prifoner of war, and entitled to every privilege of that fituation, had been fithjeded to peculiar indignity and feverity, dole!) , confined in the Temple as a Rate pri loner, and obliged to undergo repeated interroga tories before a Court of Criminal Judicature, with a view to eilablifh proof of an alledged crime fuppofed to have been committed previous to his capture, and even anterior to the prefent war. Lord Harrowby adds, that Amid the French Government perfift in this conduit, his Majelly would very relutiantly be obliged to treat tome French officer with equal ri gour, and hold him as a hollage for the fafety of Cap tam Wright. The Chevalier d'Anduaga, in a letter of the isith July, announces his having forwarded Lord Han rowby's letter to Paris ; and in another of Septem ber x 4, Hates, that the French Government had con- rented to liberate Captain Wright, and only waited to be informed to what port Lord Harrowby wiffied , him to be fent. This letter was accompanied by a Note from M. Talleyrand to the fame effect ; and attempting to jullify the conduit of France in rela tion to this gallant officer, by afferting, that when taken he was landing on the coaß of Brittany perfons haile to the French Government. Lord Harrowby, in reply to the Chevalier d'Anduaga, appoints Dover as the port where Captain Wtight might be fent ; or, if the French Government fhould not prefer that route, that he might be fuffered to re- I turn to England by way of Embden. A letter from M. Riviere, in the name of the French Miniller of Marine, dated Paris, 22 Prairial, year 12 ( June ii), requires the liberation of the French Officers, &c. who had funcnclered at St. Do mingo, and were detained prifoner; in England, on the ground that the (pith of their capitulation flipu lated for their return to France on their parole, al though it was not fo expreffed verbally. The fore going letter from Mr. Cooke, is in reply to thi.; ap plication, and it is fupported by a letter from Cap tain Bligh, of the Thefeus (corroborated by two offi cers of that 114, and by Captain Perkins, of the Tar tar), which ezprefsly Rates, that Captain B. o'ojea ed to the zd and sth articles of the capitulation pro poled by the French troops ; but that, in confidera tion of the imminent danger to which they were ex poled from the Blacks, and which was fo preffing as not to admit of delay, he confented to receive the articles, upon General Bayer and Captain Barre fo lemnly promifing to ratify freth articles correlponding with his objei9ions; immediately on their arrival at Jamaica. Thefe Officers, however, as loon as refuted from the deilruilion which threatened them, refufed to fubfcribe to the terms upon which that mercy had been extended to them • LONDON. MONDAY, SEPTEMBER 9. PRICE OF STOCKS THIS DAY AT ONE O'CLOCK Confols, rot-money 41—for O.R. 381 °trillium 3—Each. Brno, is. prem. PRICE OF STOCKS ON SATURDAY. 3 pee Cent. Red. Ibut India Bonds, ts. a as. dif. 3 per Cent. Conf. 58f 571 Imp. Ann. 9 3.16 i 4 per Cent. (hut Each. Bills, par 21. prm. 5 per Cent. Nary 881 89 Onmiunt z preen. 5 per Cent. 1797, that Lottery Tickets 591. II s. Long Ann. (hut Cour. fur ace. 58L-; Short Ann. Ihut DiraLlN, St rr. 4 , —S Per Cent. Gov. Dcb• 9 2 . Exch. Dublin on London I We are happy to announce that the whole of our Eaft India fleet have by this time arrived in the Downs-..not a tingle fhip being miffing. Fr,r their names, fee our Portfmouth letters. Several o!' t1 : - : Purfers have already reached the India Houte. With equal pleafure we have to (late that the Do minica packet, Captain Carratams, arrrived at Li. verpool from Barbadoes, which place (he left on the asth July, a tingle fhip—brings intelligence of the fleet which failed from Falmouth on the 17th May, under convoy of the ETHALION frigate and Siamr (loop of war, having arrived at Barbados: on the 7th July, and of the fleet which failed from Cork on the 6th June, under convoy of the AFILICAINI frigate and WOLF (loop of war, having arrived there on the 22d July I alto of ninety fail of vette'', from the Windward Iflands, having arrived at Tortola on the sth July, which were to fail from thence for Oreat 13'44, un der convoy, cm the aft of Augu(t. An interefting Correfpondence between the French aqd Engith Government * refpeaing prifoners of war, is given in our preceding columns. The French fquadron which lately chaced the Ms. Law, us frigate, were fallen in with on the Both ult. by the Wasp sloop of war and GROWLEIL gon.brig, who were both chaced, and narrowly cfcaped being captured by them. The Wasp had a partial anion with one of {heir frigates, and was obliged to throw molt of her guns oyerboard to efcape. Admiral &m -utts, with Eve fail of the line, was detached in purfuit of them on the ill infant, on which day we are lorry to learn, they effdted their retreat into Rochefort. We have this day received letters from our Corn refpondents at Malta and Gibraltar, the contents of which are not unimportant. We were before informed that Sir Jamas Came, with the expedition under his command, arrived at the former place, all well, on the 17th of July. Our prefent letters Rate, that the chief part of the troops, which went out with Sir Jamas, will be left at Malta, and that the veteran feafoned regiments compoling that garrifon will go on with the expedition in their place. Sir ARM CRAIG had Cent his chief Aid-de Camp, Lieut. Colonel &ISIS, to Corfu in the MORGIANA brig of war, to infpea the Rate of the Ruffian army affembled there, which our letters Rate at 15,c00 men. It is fuppofed they will co-operate with our troops, the Raglans being dellined to take paffelfien of Naples, (if the French be not before hand with them) while Sicily and Alexandria are to be garri. Coned by the Britifh. Thilatter meafure we recommended to he adopted many months ago, and we are happy to find that it has been refolved on. The poffeffion of Alexandria and 'Malta are highly neceffary to the fafety of our commerce in the Mediterranean during a war. In deed we confider the latter as indifpenfible to onrfe curity, even in time of peace, and we hope the time will never arrive in which any Britifh Minißer Ihall fo far lofe fight of the true interelts of the Empire, as ever to negotiate for its abandonment. The conduct of the Spaniards before Gibraltar feerns extremely mylierious: they are colleCting and maintaining a much larger army at a great expence, encamped before that garrifon, than ever can be ra quired for defenfive operations, and we can hardly think that they have any ferious intention of befieging that place, after the lefon they received the 14 time they attempted it,- A rumour has been citeurated that hoflilities hate aeually commenced in Suabia. It is however esti• tied to no kind of credit. We have received 4 fome additional fets of French Papers. Though they are not of later dates than thofe we announced the receipt of on Saturday, they prefent fome• matter wc,rthy of a perufal. Slow as the P,arillan Editors have been to admit that the trantpillity of the Continent was likely to be diflurbed by any confetqutnces refulting from the annexations made by France to her territory fence the aft war s they now admit that hodilities are unavoidable. They attribute tbe war to three causes : the envi ous hatred of the Britith Cabinet ; the terror with which the geniis of Naroi.toa infpires it ; and the imprudent pliancy and confidence of Auftiia. The fury of the literary advocates of BOMAPARTI is di reeled, as it might have been meted, againa the caufc and the inftruncent. Great Britain is a'Sailed with inveaives, and the Court not Vienna is threatened with the full weight of French indignation, as our Readers will ire by the following, extraaed from the Buikin de l'Aurope of the 3 tit ult. which may be view ed as an effuficn of rage from the Cabinet of the ThuMerics : 4f The fronien ofthe gavire (eon tube mcnaced - - ,i dr ? g' I . 24. 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