Star. — London, England, 1806-03-01 00:00:00

'di J . had confiderably fubfieled duting the night; which indeed was Co evident from the Diadem when (be flood in (tore, that I requeßed Sir David Baird- to permit General Fergufon and Colonel Brownrigg, the Qt . s_arter Mailer-General, to attend the officer on his fecond examination, that their feelings might, in Come meafure, be balanced againfl chef: of protein°. nal men, and to fatisfy the atmy that no rneallire, in which its fafety was to intimately connected, ffiould be determined on without due and proper deliberation. In the mean time the Diadem, Leda, and Encoun ter, were placed in a fituation to render the moil ef fetßual affißance ; and the 71ft and 7:d Regiments, with two field pieces and a howitzer ready mounted. in the boats of the Raifonable and Belliqueux, rendez• woofed alonglide the two former (hip, manifelling the moll ardent defire for the fignal from General Fergufon; at this moment the Protedor joined the tquadron, and Captain Rowley, who was well ac • qttainted with the anchorage, volunteered his Cervices to place her to the northward, fo as to croft the fire the Encounter, and more effeaually cover the landing of the troops. Captain Downman at the fame time went in (bore with a light tranfrrt brig drawing only fix feet, to ran her on the beach as a break-water if it would in any degree facilitate the debarkation Of the troops. At half paR twelve, the Encounter conveyed, by *gnat, General Fergnfon's opinion, that a landing might be effcaed, and the ioy that was manila, in the countenstre of every officer, heightened the cha rafterikic ardour of the troop, and, under an anxi ety, probably, to be firfl on (bore, iadoced them to Prge the boats to extend their line of beach further than was ;I - rodent, and occafioned the 101 l dope boat, with a party of the 93d Regiment. I report this event to their Lordfitips with the moll tafeigned regret ; and it is doubly painful to me, beater', from all the efforts of an enemy, polled on an ad:adtageous height. the army had only two men wounded in landing. This circumftance mull fully prove how well the covering velfeli were placed, and how ably their guns were fared ; and I troll my country will acquit me of having applied every ex pedient that cculd be deviled to prevent the occur rence of an accident which I fo fincerely deplore. The ruff increafed cnnfiderably towards the dole of the 'evening. and abnut eight o'clock the landing of any more troops was flopped, but recommenced in the morning, when all the men,' sad prifnners, which the General -judged neeeffary to take, were difembarked without a moment's lots of time. Conceiving that a detachment of the (quadrat might be of fervice at the Head of the Bay. I pro ceeded there with the Leda, Encounter, and Pro. mew, and • dirtiest:an of tranfports, and I underfiand, front firing occalinnally that evening over the Bank towards the Salt Pan, that the enemy was obliged to move from as eligible &nation which he bad before occupied. On the following Morning we difcovered the Bri.- 11111artey advancing, with an unparalleled rapidity. ewer a heavy country, defended by a numerous train of well ferved artillery; and, as I conceived, a few ire& troops might be applied to advantage, I de listed Captain Downman to land with the marines of the fqoadron and two field pieces, to await the arri val of Sir David Baird at Reit Valley, whom I very loon after had the pleafure of perfonally congratu lating on the victory he bad obtained over a General of fah high military fame as General janfens. When the army was in motion to take up its po- Edon at Craig's Tower, and while I was proceeding sp the Bay to anchor in the molt convenient place to land the battering traiti a flag of truce was difeover ed coming towards the Diadem, by which I received the letter 1"lo. from the Commandant of th e town end Ca ll e ; an d the next day, in conjuntliiin %%HI Sir David Baird, the Capkelation, No. 2, was accepted, end at fix a royal falute was fired from the lquadron an his Majelly's colours being once more hatted pc Site Calle. Although their Lordlhips will perceive by the de tailed account of our tranfattions here, and the ac. tompanying plan of the different difpolitions which were made, that no brilliant fer vice fell to the lot of the fquadron I have the honour to command, yet it tic what I owe every officer and fearnan to Rate, that, Ender the molt laborious duty I ever expel ienced, their zeal never abated. To Captain Rowley I feel petfonally indebted for his radials on every nal fion ; and I have no doubt but the higheft fatisfac. tion will be expreffed of the conchae of Captain Byng *rho commanded the Marine Battalion, by an audio. sity far exceeding mine : and I inclofe, for their Lordfhips information, a copy of the report he made me on the condutt of the officers ferving in that bat talion ; to which, exclufiee of thofe belonging to the tquadron, are added Captain Hardinge, of the Sal fate, and feveral other officers, now oa their image to India to join their (kips. 'Captain Butterfield and Lieutenant Cochrane, of the tranfports, were on all °cc:along ready to for ward the fervice, and we are particularly indebted to Captains Cameron, Chriaopher, and Moring, of the Honourable Company's /hips Duchers of Gordon. Sir William Pulteney, and Comet, who particularly exerted themfelves in eating the troops through the turf. It is impoifible for me to tranfinit any returns of the torts taken, by this opportunity, or of the (fate of the Bato of 68 guns, in ftearnan's Bay—but it is, riowever. fn (Irongly reported that the enemy haa but completely fucceeded in his attempt to horn her, that I have fent Captain Percy to take polieflion of her, and, if poffible, to move her into fafety, as the enemy has totally abandoned her. Captain Downman, of the Diadem, will have the honour of delivering this difpatch to their Lord. (hips, and from the intelligent manner in which I am (edified he will explain every movement, and the caules by which I have been actuated, I null he will require no further recommendation to their Lord. (kips' protetlion. / cannot, however, conclude this letter without ac faring their Lordlhips that I know no inilance where ftronger degree of confidence and unanimity has been exemplified between the two profellions than on the prefent occaliun, and I humbly hope this circum conpled with the meritorious and fuccefsful ;flue of Sir David Baird's military difpofitions, will recommend this armament to his Majesty's moft gra cloos favour and protation. I have the honour to be, Sir, your molt obedient bumble let sant, (Signed) atoms !POP 13eillquenx,tub1e Say, January rt. , . Six—After the public orders Med by General Sir David Baird, I feel it unnecelrary to trouble ynu with any further rep-urt rot the condo& of the Marine Brigade, than to fend you a copy of it. I never wirrielfed more zeal and determined fpirit than was univerfally prevalent ; and I take the liberty e•f an nexing the names of all the Volunteer Officers*, and I return my thitnks to them, as well u thole Of ficers fr•,m the Indiamen, fo n3bly let by Captain Edmunds, of the William Pitt, to whom I am parti. cularly indebted for his exertions. I have the ho nom- tn be, &c. (Signed) ato. iv wo. To Sir Home Popham, K. & Sce. • Osptains Harding, Lleotooants Piet, Graham, Suatertand Mingay, Carew, sad Pearce. AMERICA. NEW YORK, FEBRUARY 6. On the asith ult. Mr. Gregg made the following Motion in the Houfe of Reptefentatives.—lt wits re• ferred to a Committee : " Whereas Great Britain impreffes Citizens of the United States and compels them to ferve on board her 'Ships of War, and alto kites and madams. Varela belooging to Chimes of the United States, and their cargoes, being the iersafois property of Anserkao Citizens, not contraband of war, and not proceeding topiaca be- Steed or blockaded, under the pretest of their being engaged in time of War, Ina Trade with her Enemies, which was out allow ed In time of Peace. " And whirea* the Goverament of the United States has re peatedly remonlimod to the lirulih Government aping theft in- Juties,aud demanded fatisfadlion therefore, but without elTcdt. " Therefore refolved, That until gettable and ht4fattory ar Tenements on theft points (hall be made between the two Govern ments, it i. expedient, that from and after the day of next, Reseed, r seerthrodi. of a, grow th , prodrei., or onsooldinre e' Great retell., or lax, gibe ecieoiee or bloat*. eke thereof, .vlO to be imported into the Unita Stater. Provid4 however, That whenever arrangements, deemed Cade/dory by the Prefident of the United Stets, nun take place, it (Lill be lawful for him by proclamation, to fix a day on which the prohibition aforefaid mall cafe." HOUSE OF REPRESENTATIVFS. JAN. 30. The Speaker laid before the Houfe the following Letter from the Secretary of the Navy, addreffed to the Houfe : " Sir—ln r" - - _ . obedience to the Relblotion of the Houfe of Re prefentadves of the 17th Infant, direding the Secretary of the Navy to lay befo►e the Houk a report of the condition of the fti• gates, and ether public armed veifelt belonging to the Unite,: States, diltinguithing the frigates fit for maw.] fcrvice, and didin FON/1g fueh as requite repair, and the rum necelary fur repair ing each ; and diflinguilbing alto fuch as it may be the intereft of thothdted States to difpok of, rather than repair,• I have the he noun to hate.— That the frigate Conititutlon is now in a hate of thorough re pair, and in all refpeds prepared fur forrice. That the frigate Cheraw-ale has lately been repaired, and kft for fervice. That the brigs Syrint, Hornet, Argus and Vixen. the feboasters Neutrino and Enterprize. the bombs Spitfire and Vengeance, and all the gun boats, are fit for fervice. That the frigates Frefident. United Stares, CaOwners, &softens tin. New York, and Sultan, require to he repaired ; bet it is Un poffible to form an accurate carmine of the " fum neceffary for repairing each." I know of an retire' belonging to the navy which I confider it would be " the Lomeli of the United Stitt' to efifppfe of, rather than repair." M"SSAGE From the Prefident of the United Stater, communicating a Ite• port of the Secretary of State, refpeCtlng t' new principles in terpolated into the Law of Nations." Made in purfuence of a requert of the Senate, of the toes ult. TO THE SENATE OF THE UNTTED STATF.3. According to the defile of the Senate, espreffed •in their Reta liation of the toth %Kant, 1 now c•mmunicate to them a Report of the Secretary of State, with in documents, fining certain new principles attempted to be introduced on the fuhjc..2 of Neutral Rights. lolutinus to the rights and %tenth of the United Sutra. Tide, with my mirage to both Holden of the I 7th init. and the documents accompanying it, fulfil the dares or the Senate, as far as can be thine by any Information in my poll:M..li, which is au• thentic, end nix publicly known. TY. JCF/CILS3N. January 27, 1806. THE SECRk TART 0? STAYS, TO WHOM THE PRESIDENT HAS BEEN PLEASED TO REFS' THE RESOLUTION of THI SENATE, DATED ON THR 20TH INSTANT, HAS THI HONOUR TO MARY THR WALLOWING REPORT. The 1120 f important of the principles, interpolated in the law of nations, is that which appears to tie maintained by the Britills Government and its Prize Courts, that a trade opened to neutrals by , a nation at war, on account of the war, is unlawful. The principle has been relaxed, from time to time by orders, allowing, as favours to neutrals, particu lar branches of trade, difalfowed by the general principle ; which orders have alto, in Tome instances, extended the modifications of the principle beyond its avowed import. In like manner, the tall of there orders, bearing date the 24th of Jnne, 1803, has incorporated with the relaxation a collateral principle, which is itfeli an interpolation, namely, that a veliel, on a return voyage, is liable to capture, by the circumflances of her having, on the outward voyage, conveyed contra band articles to an enemy's port. How far a like pe nalty attached by the fame order for the like cii corn fiances of a previ.us communication with a block. aded port, would likewife be an interpolation, may depend upon the conarnetion under which that part of tlie order has been, or is to be carried into execu tion. The general principle, firfl above flared, as lately applied to re-expt.rtation of articles imported into neutral count, ies from holtile i colonies, wire verfir, by confidering the re-exportation, in many cafes, AS a continuation of the original voyage, forms another interpolation, deeply alreeting the trade of neutrals. For a fuller view of this and come other interpolations, reference may be had to the documentscommunicated with the Metrage to Congrels of die t 7th intl. The Britith principle, which makes a notification to foreign Governments of an intended binnacle equi valent to the notice required by the law of nations, before the penalty can be incurred ; and that which tubjeas to capture vefrels arriving at a port, in the interval between a removal and return of - the block ading force, are other important deviations from the code of public law. Another tinjutiifiable meafure is the mnd , of fearch praCifed by Britifh (hips ; which, inflead of remain. lug at a proper dillance from the vefrel to be fearch ed, and fending their own boat, with a few men for the purpofe, compel the velrel to fend her papers mi l `her own boat, and fometitnes with great danger from the condition of the boat, and the Itnte of the weer- 1 ther. To there instances, without adverting to others of an inferior or refs definite character, in the practice of Great Britain, mutt be added the affumed right to irnprefs perfons from American veirels, failing under the American flag on the kith teas. Au explanaticts ' or this pradice will be found in the extrall from the inftrudions of Mr. Mourn, communicated with the Meltige'of the Prefident above referred to. Among the interpolations introduced by the French Government, is a'derree, dated 6:1) June, 1 troy (18 Prairial, 13th year) importing that every privateer. of which two.thirds of the crew Ihotild not be natives of England, or fubjefts of a power the enemy of France, atoll be contiderecl is pirates. Another is evidenced by the refult of an applica tion made by the Deputy Carlini of the United States at Cadiz, through the French Conful, to Admiral Villeneuve, for the ►iberation of fame feamen of the United States, who were on board thr French fleet under his command. The anfwer of the Admiral, dated 29th Angutl laR (1 r Frudidor, i 3th year), Rates, that " A decilion of his Imperial and Royal Majefty provides, that every foreigner fiund board the vefrels of war or of commerce, of the ene my, is to be treated as a prifoner of war, and can have no right to the pi-me/lino of the dipluntatic and com mercial agents of his nation." Other tinjußified innovations no the law of nations ' are exemplified, in the decree of General Ferrand, Wely paned at the city of St. Domingo, a tranflation of which is annexed. The irregular mode of fearch shove deft-tilled, is alto praelifed by the cruizars of France and Spain. The cruizers of the two latter powers have baraf fed the commerce of the United States in various other forms; bin as it isnot known, or believed, that their condna has been prefcribed or fanelione I by the public authority of their repeAtive nation*, Ctey atat not conlidered as falling within the pervitw of the refolution of the Senate. All which is rcfpealully flibmitted. Di:penman of State, Jan. ss, 1806. JAMAS MADISON. - NEW YORK, JANUARY 30. Charles Pinckney, Efq. late Minifter Plenipoten tiary from the United States to the Court of Madrid, came paffenger in the (hip Henricus IV. from Lion, arrived at Chartenon. The reports by the arrival of the Henricus IV. from Liibon, are that the Court of Spain is more favourably difirofed towards the United States ; that they have agreed to make compenfalion for fpnlia. tions committed by their own fubjefts ; but would not content to pay for More made by French citizens in Spanifh ports. The Marquis de Cafa Yrujo addreffed a Note, dated the 9th ult. to the Secretary of State, on the fubjeft of the exilliog differences between this coon . try and Spain, containing animadverfions on Each parts of the Prefident's Meffage as had a reference to slide differences. This Note the Marquis expected would be publifhed ; but, to ufe his own words, " after waiting for more than forty days, in expeCta tints of thisa& of jultice, he fcand he waited in vain ;" and therefore, on the 2tf. inil. he addreffed a card to the different Foreign Mil - afters accredited to our Government, with a copy of tee Note, authorifing them to give publicity to both. From the tenor of the Note, it does not teem probable that the differ ences between the two Powers will be eatily adjufted. A writer in the Webington Feekray of the 22 LI ult. fpeaking of General Armltrong, fay% Although we are not informed whether the Minifter has been recalled, yet we can venture to inform the public, that Government have direCted that Gentleman to ttnfay much of what he has beets too liberal in laying to the French Government." Can it be!—The myflerious nature of thePererti, of our national Councils begins now to he developed, and to the allonifisment of the peaceable inhabitants of this country, it teems that the mayirsint barrel:4'mm of war, was the object of there fecret affemblie.,. and thole precious debates that were too facred for the vulgar ear. Yes, Reader, war by tea and land. A ' defcent on the Illand of Cuba, was contemplated and difctifTed, and—but fuch is the wayward nature of Come men—tippled and rejeCted. What a pity!— Weight's proteCting and indemnification bill, and this fame Cuba expedition, carried in:o effect, would have thunderflruck the world, and fecured the inde pendence and power of America to alt ages. Captain Harvey has brought a file of the Political and Commercial Gazette of Hayti, to the 'Bth De cember. In one of them is a Decree of the Emperor, of the 24th November, prohibiting the importation of fah in foreign veffels, under penalty of confifcation. Three Italian veffels, two (hips and a brig, which had failed from Italy for Carthagena, on the Spanifh Main, having, in the expettatina of making a great voyage, entered the port of Aux Cayes, the crews were immediately arrefted, by order of Deffalines, and thrown into pritOn ; they were afterwards tried, condemned, and all of them executed, on the ground that Bonaparte, being the' King of Italy, was their Sovereign, and they mull confequently fuller as his fubjeets.—(Charlefion Carrier). A letter from Aux Cayes, dated Dec. 27, rays, " The Negroes in this neighbourhood are in a late of revolt, and have poffePion of a fort about ten miles dittanee. The troops are beating to arms. The ground of complaint is, that the Government exadt too great a proportion of the ps oduce." Arrived at Savannah the t tth init. the fchoorer Joseph, Capt. Conn, from Cape Francois, via Ne Providence, four days from the latter. Capt. Coon was taken by five Engli(h men of war, was carried into New Providence ; after a detention of fifteen days, was permitted to depart on paying 7co dollars cats of court. Captain Lewis, arrived at Baltimore from Trini• dad, informs that the attempt of an inhirreetion among the Blacks was nearly quelled ; three of the principal Negroes engaged in it had be-n appre hended and hung. Martial Law was to have been taken off a few days after. Accounts hut reached Trinidad that there had been an initirration among the Blacks at Tobago. It is pretty generally knnr•n in• the city that the Leander, which cleared out eight or tel thy fince tor Jacquemel. was not in reality b )and tor Hayti. Having taken on board a la; ge quantity of naval (totes, artillery, and ammunition, a confiderable number of artilan•, and leveral mi,iiary charsflers, it was conceived by many that the was dellined for tome other quarter. From a corral fource we learn .that the is bound for a port i❑ the Gulf of Mexico: pro bably New Orleans. 'l'he 1) nn in that quartet, as well as elfewbere, ore Very mfolerll.. 1 PARLIAMENTARY PROCEEDINGS: , . HOUSE. OP LORDS, FA [DAY, FEBRUARY a. The P.srt of Lauderdale too't the oath, and his feat as a Baas 1 Year. He wasintroduced by Lord Holland and hold Walflngham. Lord Aufun was rwurn in cm his creation as a Baroo of the United Kingdom. 'the harl of Donoughmore took the oaths and his feat as one of the Irith Reprefentative Peers. The Royal A ffent was given by Cominiltion to the Five Millions' fisch•qn.r Bills Bill, Lady Nelfon's Annuity Bill, anal sir Richard 1 , 1 &radian's Annuity BUI. • INIPIACMUSIST INDIMNITT BILL. In coat:vette,* of the order of the Houfe, the Judges attended• to give their opinions on the two id quellioas fulimitted to them on the law of cvi. Bence, which were to ,the following deft, viz.' . a. Whether a witnei: can be required to anfwer a tiseßlon wilisitarif fax tend to criminaie him, or es render him liable to usy pot*q tre forfeiture. but' which might eilitjhat, or tend to alkablilk•istioll debt spina taint f•-. 4. Whether the circumflances of the wittier, being an agent for the Public, or concert:el da the management of the p .bite money, and that his anfwer to the queftion might tend to eftaldllh a debt due by hint to the Public, varied thecafe f • The third queftion, as we Rated yellerday, was , - attfwered by the Judges unanimotilly in the affirma- live. With regard to*the second queßion, they were alto unatiimoufly of opinion, that the circumflances it involved did not vary the cafe from the brit. The' • anfwers which were therefore now giver, by the Judges &lad", applied to the firs qtielli ,n only. Kith of -the Learned Judges delivered his opinion very much itt detail, and referred to authorities in lapport of it ; - but we confider it fufficient to Rate briefly what the opinions were, as it would he itnpoffible, within the limits of a Newipaper, to Five an acenrate report of ;al4 the grounds on which they were founded. • Mr. Baron SU ITON, as Junior Judge, &ft rote to lgive his opinion on the firft qazilitin relative to the ability of witneffes to give evidence which might . fubjeft them to a civil procefs for debt. He bad. no hefitation in delaring it as his vpinion, that a witnefs was bound to difelofe every circuit:dance rt.. Wive to the matter in iffue, and that he ought Stet to be permitted to give a partial flatement, on the I.llappored ground that his anfwer would be the sc. knowledgment of a debt. Witneffes certainly were not bound to anfwer quellions that tended to fib jed them to a criminal prnfecution ; but perfoof had frequently been compelled to anfwer queßions, 'although fuch anfwers went to acknowledge a debts He could not help colliding, that after the contrary opinions given by Lord Kenyon and other Judges, Come doubts had dwelt upon his mind concerning , this fubjed. However, from the fullea confiderase tinn, he maintained the opinion which he now gave.' In civil aftions witneffer were bound to Rate every thing they knew, except in the instances he already mentioned, and the rule held Hill more forcibly irti .criminal proceedings. The ends of public jullice. might fometimes be defeated if witnefs refuted to anfwer queftions tending to render them liable to be toed for the recovery of property. Suppofe the cafe of a man tried for forgery ; this man, feeling confei- - ' nus of his innocence, might with to examine the per fins whole name he was charged with forging. Should that perfon be Coffered to decline giving evidence on ' the ground that it might acknowledge a debt I The- . Learned Judge concluded with giving his opinion•ith the affirmative. Mr. Baron GRAHAM, after Rating the difficol ties in which the quell ion was involved, declared that in his opinion, the general sole of law was, that a witnefs was bourd to anfwer every queftion touching the iffue to be tried, with the exception only of loch quellion.ias would expo:e him to a criminal mote. onion, or to a penalty of forfeiture. In the Courts of Equity, it was the daily praftice to force parties to anfwer the matters alledged againa them, what ever pecuniary lots loch antwers might Wake them to. The jullice and the realms of this rule applied equally to the Courts of Law, although it was not ' the custom there to examine the parties, as it was its Chancery, where their cußoms were delivei from the Civil, irflead of the Common Law. Although. in the Courts of Law. a party could not be made a witnefs, yet thole per font, who were brought forward as witneffes were equally hound to declare the whole truth, as the parties would be in a Court of Equity. If it were nta fo, the molt monirous oldrufliona would be thrown in the way of Office ; thole per inns who were the belt qualified to give important evidence, might generally shelter themfelves under that plea. It was, however. every day teen, that pawnbrokers were brought in evidence upon the prnfecution of thieves, and (table keepers on the trials 1 of lance Healers ; and in neither of thefe cafes would it be permitted, for the pawnbroker or the Rable Iceeper, to refute giving testimony on the ground of their sayers obliging them to rebore thole things which they had fo improperly received. If this were the law,whatever inconveniencies might refult from it. witneffes would perpetually claim this privilege, either from fear or through favour. 'l'he point had not as yet been fettled by any folemn decition, after A full argument ; but from all the lights that he could derive, and from the monaroos incr•nvenience that wnu!d relult from the contrary fuppolition,he declared his opinion as to the hill quellion, that a witnefs is hound to anfwer all fetch quettions as do not centric him either to criminal prnfecution, penalty, or for (chore ; and as to the fecund queftion, that the fame rule applies to the witneffes on a trial, or a (bit. where his Majett y is either Plaintiff or Prosecutor. Mr. Juftice CHA MB itE was of the fame opinion. In the Courts of Equity, not only a petfon might I be compelled to anfwer quellions which would be verely effeet tl.eir pecuniary interefta, but Bills 1 f DirenTery were filed, for the camels purpoie of ob taining an sincerer upon oath, which anfwer might be 1 ?cad as evidence in the Courts of Law. Th e ro be I had been laid down by Lord Mansfield, which had , been genetally conficicred as the true one, that in all cafes where a witnefs could he forced to anfwer by a Corot of Equity, in order that his anfwer might be 1 re-ad as evidence in a Court of Law, in all fuch cafes, a en'Vt of Law sh o uld compel him to anfwer at the itrial. The only cafes where a party coed reluce to anfwer in A Court of Equity, were. when fueh in. Ewer would expofe him to either criminal prolecutioo tor to penalty or forfeiture. Thi. was what he coa ceived the role silo at common law, and that is ought to be the tree, for be i t ra lt h , o:u n ti n:l n n c g o t:h e c e i r e l e:c e n n a u b i could he i no p t i e j t v l i f i n i n re a d gig t n o ed co w nc hy ea a l ma th in e. troth, or to refute to do juftice between A and B. 'on 'the ground that if he did do fo, C. might ban an haitaa pip* bias i.rebitb wovlet be .9i. fay is . [Tore ma , . I El