The Statesman. — London, England, 1809-07-10 00:00:00

■ 1. BATTLE OF ESLING. Official dispatches of the Battle of Aspern, of the 2.lst, .2(1, and tad of .flay, are received by Government. Private letters state, that a more sanguinary conflict has not occurred since the corn. meneemestt of the French Revolution. Several Au‘trian divisions advanced I. within a few yards of the enemy before they drew a trigger, when a dreadful carnage towk place. Princes Rosenberg, Lichtenstein, Fieldatarshals llohenzo1: 1 tern, arid Count Bellegarde t particularly distin guished themselves. The church and church-yard of Esling were twice contested. Every street was strewed with killed and wounded. The Austrians lost, in killed, wounded, and prisoners, nearly 23,()00, the French mnre than 50,000. The bridges of the Disrobe were destroyed by fire vessels sent down the river, by order of the Archduke Charles, but the enemy soon erected temporary rafts, other. wise their retreat would have been entirely cut off. Toe island of Lobos was covered with the dead, and, for a considerable time after the battle, hun dreds of dead bodies were seen floating down the Danube. . The hospitals of Vienna have upwards of 30,000 sick and wounded. The Austrian army slid not exceed 80,000 men, that of the French was above 100,000 men: Such is said to be the substance of this account. Another Commercial Decree was published in Holland on the Slit nit. permitting the importa tion of eel., tin articles of American produce. The privateers cm the butch coast have been greatly on the alert of Fate. They have captured Vl SSeIS; two of which are Americans. The I.itegt tli4iyitclivs front Sir A. WELLEsr.r.r, w. uuderstrnJ~ :tre dated the 25th nit. at which Link; the headquarters of the British army were irt The command of the Expedition, which will sail from the Downs iu a few clays, as given to Sir !t. ItACII.ta. Lord GA neei:a is to be em. pioyed under the orders of Sir .IttenA an. Gen. Sir Eyes Coors kit town on Saturday aftensoins, having, as it is said, receive:l his final - instructions. Several General °slicers have been added to the :Italie! the Espeditian : among others, are Lords Penn and Rossv.va, and General GOWER; Co. lone! Vi VIVI hag been appointed Adjutant-Gene. rap to Lord P. .Major-Genoral MiLsoa will enmiwatid the Artillery, and Brigadier. General Wrests the Engineer Department. It was reported yesterday, that a French sqlsa. skim, consisting of nine ships, was at sea. Accounts wherries te mention, that the Russiattl, after a severe action with the Turks, near Varna, on the Black Sea, within 45 leagues of Con. stantinople, had rendered themselves masters of Varna. Rosa v.t HTE 1135 ordered a eonsiderabln number of the inhabitants of Passau to he employed in strengthening the fortifications of that town. Tlat heavy orilmuirs• has been taken from the ramparts of Augsburg, and sent to defend these new works. A deputation, composed of French and Dutch °dicers, is preparing to proceed from Batavia to Manilla. Their object is supposed to be to take pesocraett of the latter place, In the mars of Jo. Siril BONAPIITt. A ship, arrived from Bourdeaux after a short passage, has brought an acclaim that BLAKE, hay ing been considerably reinforced subsequent to the battle on the 13th of June, got possession of ngossa. Accounts received from the Company's Ravi. dent at Bagda.l state, that the French troops which were ordered to proceed to reinforce the garrison on the island of Cirac, in the Persian Gulph, had been remanded, and ordered to take up an.intand station between Stiffer and Behir, until the final determination of tho Persian Government shall be midi. known. The King of Wtazzxnuncit has gone to Bibc rub, with a view to create means to oppose the Tyrolians, and the Disko of BADER has sent MI tire 411:1! ds in waggons towards the Lake of Con stance. The Austrians‘and Patriots are in consi. derable force on the frontiers of Switzerland. A loiter from Harwich, dated. Saturday last, was received yesterday. A postscript to this let ter contains the following iniportant communica lion : " ti e wren, Jrkv R.—l have this moment received an n+•e-ouia from Cuxhaven, that atilt ieta.h:td heeu received from Warsaw of the till, outing that Use Itu.sslaos, who had ad vanced a cirmsidernble way into tiaUicia, had Klideoly halted, is esin:rquence of °Oen front St. Petcrstairgh, and that it vinsgesarnitv believed their destination woidd be altered. 'rat latest advices from SAIMIV state, that the Duke of Vacsgwi: a and the Austrians. 'after haviug pushed forward ia different directions had re-tooted their corps is the neigh bourhood of Leipsic, with a view to attack the French cen tre, which had advanced in that direction. A blade was ex pected to take pl:.ce rear that place." 11. Hownit, Esq. goes out as Deputy COM. asisaary.Genet,d, and Dr. Weus, as Deputy In spector-General of Hospitals. The Royal West Middlesex Militia, which was stationed at Silver hill, plan:lied into Battle bar. racks on Tuesday last. The Superb, of 74 ping, Admiral K c‘rcs, ar. ►ived, on Saturday, in the Downs, from the Baltic, where she has been stationed upwards of fourteen months. The Id battalion of the SG th Regiment not being able to muster 300 ett...ctive meu, is ordered to proreed to Jersey, instead of joining the Expedi. lion at Portsmeetb. The Austrians arc making extraordinary mt.. lions to recruit their armies. The Emperor has sent GetteralttMerravv, CLARY, and Masao, to inspect the reserves, and hurry them forward. He has made extensive pro:uotiuns, and allowed nu. morons old Generals to retire on pensions: the Generals of Artillery, LUSIGNAN, USW:Nati, and Voontaarro, arc amongst the number, and are to receive pensions of 4,000 florins. SnoOTI No MATCH. —The feathered tribe of Tfighgate and Hampstead have kern put in a state of conscription fur the last fortnight, preparatory en a shooting-match which is to take place at Chalk Farm this day, bet ween the Gentlemen of Highgate and all England, for a considerable w i4er. The number of birds to be massacred on the occasion is 6fleen dozen ! Jane, iI'I.ELLAN, from Massachusetts ; is taken, and carried into Norway. DUTCH P4PEfiS. • %velum)Am, JULY 6.--[Priree letter.l—. ft is said that Raab was relieved before the expi ' ration of the period mentioned ; that Trieste has been retaken by the Austrians, assisted by the English on the sea-side; and that Marmot's army has dwindled down to 5000 men, in the course of its march from Dalmatia. General Cbasteler is opposite Venice. The Austrians have evacuated Leipzig, which is supposed to be destined fur the head.quarters of the King of Westphalia. It is said also, that a contribution of eighteen millions of francs has been laid on the inhabitants of Vienna. A Russian courier passed through Lemberg on the 16th alt. for the head-quarters of Prince Charles, which gives birth to various conjectures. An insurrection has broken out in the province trf Margenthum, which was lately claimed by the King of Wirteusberg. No Moniteurs have reached this place these last two or three days. This happens sometimes through neglect. One is astonished at the inacti vity of the Grand Armies in Germany. It is said, that the French Ambassador has protested against the Royal Decree respecting American vessels. This occasions a great fluctuation in the price of colonial produce. AMSTERDAM, JULY 6.—Private Letters from ' Vienna of the 22d June, state, that large droves of cattle have lately arrived there from Hungary. The new bridges thrown across the Danube are' of such peculiar construction, that persons of the first distinction, and even ladle-, frequently apply r for leave to view thew. They are so well secured by stakes driven into the ground, that it is im possible to destroy them; and boats are besides, stationed, in the vicinity of the bridges, to impart to all bodies floating down against them a different direction. The same letters aurae, that a com pany of French players has arrived at Vienna, who arc to give Comic Operas, and Farces, at the Play-house of the Court. According to letters from Naples of the 22:1 June, the King had at that time set out for Rome, probably fur this reason, that the English are making demonstrations, which seem to indicate an intention of attempting a descent on the coast, with a corps of front nine to ten thousand melt, or exciting an insurrection in the country. But no fears are entertained of their attempt, should they really make it, •proving successful, since all the inhabitants are firmly determined to defend the throne and their country, and have offered to form corps of volunteers for that purpose. Mt La St, JuNC 24.—The gallant national guards of the department of Mills, put themselves iu moo tion on the 17th, in order to march to the iron. 1 tiers of their • department, and disperse the small number of robbers who, after having been every where defeated, ate now endeavouring to escape from the just resentment of the public. lirhen upon their departure, firelocks and cartridges were distributed among those brave men, they re ceived them under continued acclamations of " Long live the Emperor, long live the Prince Viceroy !" BANES ow zee DANUBE, (NEAR CORONA) JUNE 17.—The battle of the 14th instant does great credit to our troops. In the pursuit of the enemy we found 3000 muskets, thrown away by the Austrians. The two armies of Prince John and the Archduke have crossed the Danube at Co. morn, and thus abandoned the , immense tract of country on the right bank of the Danube to the victorious army.—( Royal Amsterdam Gazette, July 6.) PETERSBURG, JUNE 14.—8 y an Imperial Or. der of the 7th of last month, the export duty for wheat has been raised to 35 kopecks per ishutwut, excepting such wheat as is exported from -fie ports of the Black Sea, which only pays the former duty of 10 kopecks. The following Imperial Edict was issued on the 14th of last month : " It is universally known bow firmly Russia has endea voured, for ages, to protect the trade of neutral:, during the war carried on by European Powers; it is notorious with what courage that empire has sheltered the interests of trad ing nations from the fury of the war. True to those unalter able principle -9, we entertained a.. hope, that during the pre scot rupture with England, the trade with allied nations would also offer so motive to them of a different direction. But the experience of last year bits convinced us that the enemy has farad means to misuse neutral bottoms for the benefit of his trade, and feel accenting,. obliged to adopt the following measures, in order to pi e.cot it in future : " 1. Every Captain who enters any of our ports,i. hound to prove his ship or vessel to be neutral property by the pass port, the bill of sale. and the los:-Imok ; and the rar A • to he so by the charter-party, the bill of lading, his own declara tion, and a certificate of the origin of the goods, in cases where the whole or part of the cargo belongs to the Captain or Agent, and the ship has set sail from America or the West Indies, or is bound for those ports. Should any of obese do cuments be wanting, the Captain shall immediately leave the port, and sot be permitted to discharge his cargo. " Y. Ships is part laden with goods, which can be proved to be the production of as enemy's country, shall he detain ed, confiscated, the goods declared coufikcated, and sold pub licly in behalf of the Crown. If the goods amount to more than one-half of the cargo, not ouly the lading, but the ship shall be declared coolitcated. 3. " A passport given by a neutral, friendly, or allied Power, will not be salliciem for the justification of the Cap tain, if any cimonstances appear which do not agree with the passport, or if the ship mestioned iu the paaport, does not agree with tjat found in the other * papers of the ship. unless it cleaHy appears that the papers hare been duly signed by ;be per:wri having proper authority, in which case the diferenee in the name shall nut make *galore dre'Captain. 1, 4. " The passport given to the Captain Shall not be ac kaowledged legal, If the ship supplied with k shall not hare been at the time specified in the port, in the wane of which the passport is given. 5. " When in ray skip supercargo, Captain, and more than ooe-third of the crew, shall be subjects of as hostile Power. or when on board any ship there shall be no muster roll, signed by the proper Officers of the neutral place from which the said ship sailed, the ship and cargo shall be de clared confiscated to the u9e of the Crown, but the crew shall be set at liberty. 6. " If the passport produced by the Captain shall be false, or forged, the ship and cargo shall be declared coofis rated to the we of the Crown ; and the Captain delivered over to justice, to be proceeded splint as a forger. The crew shall be set at liberty. 7. " When iu any ship, double documents of differ' nt im ports are found, the ship and cargo shall bewarfiscated to the a'e of the Crown. If the Captain shall endeavour to defend himself, but bring no sufficient proof', the ship shalt be de tained, aid time if requested, be greatest to the Captain to procure them from the place of his departure. If, at the espimtion of the time granted, he procures so proofs, the ship and cargo shall be declared confi-cated. 8. " Every ship not built by a friendly Power, shall not be considered as neutral, unless it can be legally proved by its papers, that it was bought or trwtsfered before the declara tion of war; if this don, not appear, the ship and cargo shall be confiscated to the we of the Crown. 9- If the Master or Captain of a Ship shall be a native of a hostile uaii.na, and have passports from a ricotta! or friendly Power, that shall not avail him, unless they prove that he benzine the subject of, and resided with, n neutral Power, before the declaration of war. On failure of this proof, the ship and cargoshall be confiscated to the use of the Crow a." NAVAL INTELLIGENCE'. Poetlvortu, Jrs.tr B.—Arrive4 the Deknder, Plowm lei, from a eruire. Sailed the fi.iphone t , loop, Captain Foote, with se:unea for Pk mmith. A ktroor force al artillery embarked this morning, for the expedition, on beard the Monarch, Orion, and Marlborough. l'he [Laval Artillery, and Artillery J)rivers, together, arc nearly 10')U strong, with horses, ammunition, and field piece.. Captain Woodriffe iioppointed Priocipal Ageot for trans ports. The Swallow, Vulture, Greyboond, Ilawke, Shark, Cormorant, and Rose, revenue cutters, have joined the expe dition ; and nil the vessel.: ore fitting with a rarronade is land the troops. The warrant-officers of the ships In ordinary hose volunteered their service's. The Expedition is expected to 4:111 about Friday next. JteLtr 9.—Nrrived the Unicorn frigate, Captain Hardy maxi, from Plymouth. Sailed the Dapper and Defender on a ctuize. Captaiu Ga►tlt is appointed, pro Compere, to the 'tape. rievse, in the room of Lord Cochrane; Captain Dickson to the Superieure; aid Captala Dickens to the Zephyr. PLYMOCTII, JULY B.—Arrived the Two Brothers, Win. Chantl r, Master, from Prince Edward's Island, with masts and Tars. The ship Devonshire, James Sturwa, Master, from Liverpool, hound to North America. Arrived the 1 2 1incess Charlotte frigate, from the West In dira'. Several ships are gone up Hamoaze, supposed to be port of her cons ov. A large Beet of transports is now coming in from the East ward, ender convoy of a brig of war. Arrived the brig Lion, Joha Alden, Mower, with rice mid naval stores, from New -York. The Danish ship Sue Blotoston, Samuel Foyn, from Lisbon. with salt, aunt under convoy of his Majesty's ship Hydra. Arrived the Endeavour armed ship, with convoy from Sailed the Mariuer gun-brig. FatAtooT•, JULY 7.—Arrived the Townshend packet, tram Tortola in 23 'lays; the ilydron frigate is off this har bour, with a feet for Lisbon. Dr 45., Jut. T 9. —A rri srd the Brothers, Young, from Stockholm. Sailed the Isis, Miller. for Oporto. Ca versant), Jetv 9.—Arrived the Caesar, Sham!, for Jamaica; Catheriae Maria, Broalev, front the Baltic; Flora, Yarntna, from Gottenburgh ; Apollo, Skelton, from Sweden. Sailed the "%emir, Taylor, for Jamaica; Eliza, Graham, for Gibraltar; and Active, Brydon. for Cadiz. THE MARKETS. CORN-EXCII PiNGF,Jvcr 10. There is a short fresh supply of Wheat arrived to.day, but considerable on hand, sales of fine arc at an advance of about 2s. per quarter. Bar ley keeps its price. Malt dull sale. Very few good boiling Peas. Beans of the two kinds vary but little. There are large supplies of Oat‘ l many late arrivals from Holland, and this trade is quoted cheaper, excepting prime samples. Flour fully at our last quotation, fine American 48s. to b Is. per barrel. CURRENT PRICES: Wheat. 60s. 754.85.. I Tick Bea* - - - - 44.. 504 Fine ditto Rye --554.98 y. " tialleY4 - -- - 00114!. M all , 684. 761. Rape Seed - - - £4B ‘6l. IV. Peas (Boileri) 9:111. 103 e. Fine Flour -- - -70 s. ifis. (ire Peat, 46.. 624. Seems& Beam Me. 61a. SIIITIIFIIiLI)—Jw.v JO. To sick the 061, per stoat of lilb. 8eer....55. 441. to 61. Od. I Head ut Cattle this day Italian —3, 4d. to Rs. Yd. Beasts Veal ....6s. Od. to 7s. Od. ri I tee p and Lautbs Pork ....5‘ W. to 6. 4d. Calves Lumb....tis. ill to 7s. 4d. Pigs HAY-MARKET. Hay 5l. Si. 04. to 61. 6•. at. Straw li. 16N. 04. to 21. Ud. Clover The Thalia Frigate, with a small convoy from Quebec, was spoken with by the Townshend Packet, arrived at Falmouth from Leeward Islands on the Ist inst in lat. 47. 12. long. 27. 57. The Louisa, READ, from Trinidad, arrived in the Clyde, sailed the 911 t of May, in company with the Mary, Bows, and parted two days after. Two Swedish frigates and some gunboats have captured in the Gulph of Bothnia several Bus. I sian vessels, laden with provisions fur the Russian army in West Bothnia, who were in great want of supplies. LAW INI'RLUGENCE. COURT OF KING'S BENCH, Sattardag, Ads B. SITTINGS BEFORE LORD ELLENEGIONON IN GUILDIIALE. MILLI P. SetILTIIORI I . The ArroaNky Gracia'. stated thit to bean action for the Wan& of accounts between the Plaintiff and a young man of the name of Hicks, a nephew of the Defendant, whom he had chosen to set up in business at Braintree, and for that purpose had written to the Plaintiff to supply hi►n with such articles as he should want to begin trade with, which the Plaintiff would not furnish unless the Defendant would guarantee the payment of the bill when the credit should expire, and wrote to the defendant a letter to that effect, to which the defendant wrote the following answer :-- " Rnry St. E.lrminds, 23d Jan. 1809.... Dear Sir, In answer to yours of yesterday, respecting Mr. Hicks, I now inform you, that I will answer for the payme►n: of goods sent to him, to the amount of 1001. for six months; and I hope after that you will not think it necessary for me to be ac. countable, for you will be acquainted with his manner of doing business, and that, as well as his payments, will be satisfactory. Yours, In."— Signed by the Defendant, and directed to the Plaintiff. In consequence, and on the faith of this letter, the Plaintiff trusted this young man to a considerable amount, about 1901. and he had paid several sums of money ; but there now re. mained a balance of 411. due to the Plaintiff, who now claimed it by this action, and he was at a loss to guess what the defence was ; for the amount of the sum, as well as the duration of ere. dit, was within the limits which the Defendant had prescribed in his own letter; that was, the slim was under 1001. and the time was within six months. Upon the evidence, there was no doubt of the facts being as stated by t►e Attorney-General. But Mr. GARROW and Mr. Laws took objection to the form of the declaration, which was for goods sold and delivered by the Plaintiff to the Defend ant, and which was contrary to the fact ; for the goods were sold and delivered to Hicks ; they con. tended that the declaration should have been upon the special contract, stating, that in can.. sideration of the Plaintiff Belling and delivering certain goods , to a given amount, within a given time, to Hicls, the Defendant would pay for them, Sre.. tt. Lord Er.t.txsooucn coincided in this opinion ) the Plaintiff was therefore nonsuited. BRASIER V. FOSTER. Mr. G Li:now stated this to be an action to re cover the sum of 341. being the balance doe to the Plaintiff upon the accounts between them. The Plaintiff was a hard-working man, who drove a waggon elul team for a gentleman in London ; he also hail a house in Cro.s.street, Blackfriars road, and lit out lodgings. The Defendant was a neighbuur, and a butcher, Mho was in the habit of borrouing sums of money to help him to carry on his business. On the last occasion when he burrowed money, he came weeping on account of the want of it, and added, that if be could raise 141. hi could dear 101. by it, by buying cattle for slaughter ;on which t he Plaintiff's wife lent him that sum, which she-bad act aside for the doctor ; and the Defendant admitted that he was then in. debted to the Plaintiff in 341. having had in all 401. and paid only Gl. Being afterwards called upon to pay, he said he had no money, and was not likely to have any ; that if he was arrested, he would go into a gaol, where he could live as well as if he was out, and his brother and sister could carry on his business. This case was sworn to, for the Plaintiff, by Mary Weston and Maria Brown, two lodgers of the Plaintiff. Mr. MaarArr, for the alendanf; maintained that this action ouuld not be supported, because vitiated by usury. That the Defendant was in. deed in the habit of borrowing sums of money of the plaintiff's wife, but paid constantly an in. terest of 6d. per pound per week for every sum he borrowed. That he borrowed several sums, and constantly paid at the rate of 6d. per pound every week by way of interest—just 1301. per cent. per annum !—Once ho borrowed 201. aid returned two for the interest ; so that he carried away only 181. for his 20 pounds ! He proved this to be constant- practice by a wit. ness of the name of Joseph Collins, a servant of the Defendant, and who had seen the transactions between the parties, and often carried this int*. rest, and paid it to (he Plaintiff's wife. Lord EILENBOROUGU told the Jar y, that un. less they were convinced the witness, Collins, was perjured, without any apparent motive, tbe.De fendant was clearly entitled toe verdict. The Jury withdrew, remained out of Court about 40 minutes, and returned a verdict tor the Plaintiff—Damages 341. PERJURY. THE KING V. ALZSAHDEH. Mr. Gaallow stated, that the present Defend. ant, a Jew furniturc.brokcr, had been concerned in a foul conspiracy to defraud unsuspecting tradesmen. He had been In partnership with his son, who carried on the trade of a butcher, in Jddition to that of a broker, and had, by arti. fice, contracted debts which they never intended to pay. Out of one of these transactions tho present indictment for perjury arose. ' Young Alexander was sued in the Court of Common Pleas, at the sitting after Trinity Term, 1607, for a debt thus contracted, concerning the rt. pairs of a house, when the father, in furtherance of a preconccrted' plan, came forward, and swore his son was of nonage, tkat he had never heen in partnership with him, that he never knew of his son having a gig, and that he had never consulted him about repairs. The Jury at that time were convinced of the conspiracy ; but Lord C. J. Mass. field observed, that if they bolieted the son was under age, they must And their verdict for the D.-- fondant, which they did of necessity. The Learned Counsel then said, he should prove the father had sworn falsely, when he-said, " I know nothing of my son having a gig," " I never haJ 1 tri