The Statesman. — London, England, 1813-11-09 00:00:00

• . • there were, was squat the sane alsoitet ea if the lady bad been still alive. Mr. Jams now applied fora Rule, to show cause why there should not be an arrest of judgment, or why the verdict should not be set aside on the ground of the Judge having laid down the law er roneously to the Jury. He thus put it in the alternative. For the arrest of judgment he con tended on the ground that the injury done to the lady was to be considered in the shape of a tort, which died with the death of the person alleged to love been injured by the breach of the Defend ant's premise to marry. The defective portion of the Judge's charge regarding the law on the point was, that the Jury were to give damages,: if they thoil*ht the rase had been made out, as if the Lady was still alive. The Defendant was ready to contend thatsuseh iints Dot a tree interpretation of the taw on tbeffebjoret..—Role Nisi granted. Jim N.H. Dee .. x I . . 1 1 • . I O Halifax . • 1 0 Grimm 1 Lam 11Aveles D►Y.--/blidgr et the Poi& Open. 77HE STATESMAN. LONDON: TVIISDLT, N6VSIIIIIIER 9, .111101. SURRENDER OF PAMPLONA. We have the gratification of announcing the fell of 'Pamplona (often written Pampeluna), on the 31st. ult. which may be considered as having cleared the Spanish territory, in that quarter, entirely of the enemy, The surrender of this important garrison bas for some time been foreseen and expected, and could base been retained by the French garrison so long, only in the hope of France relieving it within certain period, since both inhabitants and troops must haws suffered the cruellest privations, it having been closely invested on all sides. The certainty of its capitulation, prevented the necessity of taking it sooner by storm, which most have been attended With the loss of a great many lives ; we, therefore, regard the acquisition with peculiar feelings of compla cency ; since our hearts have long been sickened with the details of slaughtered miriads of our fellow creatures. This pleasing intelligence was first an nounced by a telegraphic message, and this morning Lord ARTHUR HILL arrived with dispatches from the 'Toad-quarters of Lord WELLINGTON'S army, dated Ve . Nov. I. The event was announced this morn. ing hr a note from Lord B.trouarr to the Loan ~Mlatog. WAR TWPARTMENT. Nov. 9, ISM " Lnrd pATHURST presents his compliments to the Loin M tifoft, and has the satisfaction to acquaint his Lordship, that Lord A. HILL is arrived with dis patches, dated Vora, Nov. 1, announcing the sur render, on the preceding day, by capitulation, of the fortress of Pamplona. (A Tait Copy.) " (3F.0. SCHOLEY, Mayor. Monyirorhouse, Nov. 9, boa-past eight. A. M. The Park and Tower guns were fired upon the glad occasion. Thus a force of at least 15,000 men is rendered disposable, for any operation on the other side of the Pyrenees, or elsewhere. The fol lowing Extraordinary Gazette was also published on this account, from which it will be observed, that although the Commander of the place refused to sur render it on being considered prisoners of war, yet that he slid afterwards, on the same day, give it up on tholie conditions: the terms of the capitulation at full, hoverer, are yet to be learnt. QNpON GAZETTE EXT4AORDINJAY, TLJESDAX, Nor. 9. WAR DEPARTMENT. Vowning : street, Nov. 0, 18 , 13. Lord Arthur Hill has this morning arrived with slisratches from Field-Marshal the Marquis of Wel putoot to Earl Bathurst, dated Vera, November 1, el which the following are eatracts:— Vera, Bev. l, 103. Natibilig of ;seportance has oceurred,ie the Hoe glace aislressed yoer Lordship last. The enemy's garrison of Pamplona made propo ow, to Don Carlos D'Espana to surreuder the place on 0 R gfith pf October, on conflition, first, that they s , meld be allowed to march to France with six pinee 6 or Llippon ; secondly, that they should be allewed to march to France, under an 'engagement not Ip serve against the Allies for a year and a day. Both these runditioes were rejected by Don Carlos WEspalta, and they were told that he hail orders not to give them a rliiitalstion on only terms excepting that they should be prisoners of war; to which they declared they woeld neyer samolt, vers. •Vey. 1, pa 3. Since I wrote to your Lot'slitdp this morning, Ii rare rocPived a letter, of which I enslose a copy , from Mariam! Del Campo Don (brio, D'Espana, in w'nich be announces the surrender by capitulation of she fortress of Pamplona, the garrison being prison prs of war ; upon which event I beg leave to con gcatulsto your Lordship. I cannot sufapiontly applaud the conduct of Don 400, D'EsPnim• that or the troops under his plitnmand, during tho period that he has conimanded lilockatle t that is since the beginning of August- I Q every Sortie which the onatuy have mode, they with !off and the/ !littoral and OM/ tif * ttit i r 4117c1100i14 • . conducted themselves wall. Don was severely wounded on do 10th of as reported in my dispatch of the month, but having reported that ha continue to perform his duty, . 1 considered justice to allow him to continue in a which he had to that moment performed , so satisfactory a manner; and 1 Din happy fallen to his lot to be the instrument of reetering to the Spanish Monarchy so important a fortress as Pans• plena, Not having yet received the-detail of the terms of the capitulation, I must delay to forward them till the next occasion. site. We shall publish The Mail has also brew& Gibraltar, dated at 1111114- • giving a favourable esimisiot , visited our #t )4 o 4 ilt . tb4dif coif* or. iltSseendlogo v Guru Sstifet) .ocingsg do, ;aidilendiek's 'Oestnntrs o Oct. ranch still occupy their entrenched camp in front of St. Jean de Las. Ocrgsss 1 14."-Bayonen has been declared in pate of siege. • • Our troops eccipy thrums positions which they did on the night of tholth ; they are animated with the best. spirit, and an=ions for orders' to advatie:, Sault is still at Bayonne, where he has reedited some reinforcements of conscripts. SArriusio, Ocr. ?I.—Austria has decorated with the Grand Cross of Marla Theresa, the immortal Duke of Ciudad lindrige. [THOM TRH ItHelso or TNT 11TH OCT..] r The followt4 is an account of the persons who died in Cadiz, on the first eight days of October, in the yam 1809, J . ,810,• 181 1, 1812 1 1815 Yam. • 4416 • do. do. do. , , . . r . 2 13 .1 - 1 4 • ithi at 9 • Ij* i t 4( 21 3 2C -• 9 -* • • '26 8 13 14 4 8 23 6 7 14 5 3 # 99 4 5 .14 6 4' 20 4 13 12 7 4 511 6 7 23 4 26 12 19 24 BO 10 '~: HTl± -- -- _ i mam IMPERUL PARLIAMENT. . _ literuss OF LORDS, Hopi. I. • The Hama met at ten o'sloek in the opening, to p eom , A with judicial badness. Io manse& from the Court ofseke-04, Bentiaod. " Smith T. Rajloadeat did o e e a ,. pear—Jodgmeat reversed. Ina Writ of Error from the Court is of King's Wadi, labablatato of the West Ridior de l ; Cowl of York, v. the King." Mr. Lambe:ad Mr. grad e - C I were beard for the Pl:pieties in Error, aid M a r. Topple & "1 ne. Holroyd, for the Prosecutor Respondent—.Ndr af. Owed. la as appeal from the Court of Session in :trlism! " WDenald v. M , Ltheald," Sir 8. amity and. Mr. oi New; ante beard for the Appellant, and Mr. Ai*eripsthy y. e n d m i Adam, Jun . for the Respondent —J o d gmeat on Wednesday.. TREATIES WITH THE . The Rail of LIVERPOOL laid in the Table, by capmeme of the Prince Regent, (*nolo CoaventiEdranthited bow eei , this country and oar Allies. There were two supplementoT Coerced/km .concluded with the Emperor of Rishpia and tie King of Prussia (for the fhiSlapent or ottjectsreferr e d is in th e fernier Treaties), of which the ratific a t ions h a d not vet i exchanged, but fordo coevadepthe of the House with refer ence to the details, be /Mild more an humble Addres to th e Prince Rism, praying his Rasa! Brea to order the su b. Ranee of Iwo Conventlooto be id before the Howe, This Motion was agreed to. In mower to si question from LordKOLLA 0, the Earl at LIVERPOOL menticned, that the Convection with the En,. perm. of Austria was not in a state 0 be laid before the lieu; it sot baying yet been ratified. vicroitiss AF THE PYRENEES.—CAPTCLIE or ST. SEBASTIAN, tire. • Earl BATHURST observed, that when be last had the honour of addressing the House, it was on the glorious victory gained by the Marquis of Welling. tonal Vittoria, and the coneequences he then antici. Fated from the splendid result of that action had bap, 'pity been verified. Bonaparte ue, sooner heard of Out army having passed thirgbro, than he appointed Soalt, with extraordinary powers,' as Lieutenant d'EMpereur, and that Marshal having been rein. forted by the division under Clausel, and other troops, advanced on the 25th of July, for the pur. 'pose of driving us from our positions. His -Lord ship then proceeded shortly to detail the operations up to the 30th, when the French were .completely repulsed, and from the effects of which they nete ;unable to recover. Souk had the most sanguine ex. pecytions not oily of relieving Pamplona and St. Sehasfiaii, but also of . driving our army across the Ebro j but the defeat ite.theeesperienced not only cemipletely`frUstradid all hfs_projects, but the French anal fir ,InPr-e-cfor ised than even by - - Iny_aas Amp • SOrrrlt I - e lattleof Vittoria Hie Linttskip then adverted .tdibi.tiptore of St. Selmettan, and took the ()ppm , . I.togity of noticing a fool calumny Drip our truops ..bad *et, been published in the Spaitisis papers, charg. ing them. with committing the grossest outrages upon the inhabitants of the town. This calumny, which was to be attributed to French partisans in Spain, who circulated these libels upon the specious pre .Sence - of - :selListebsyr t foreign interference, was wholly false. That some etcenes might be corn. witted in a town taken by storm, after a most ob. stinatedefenoe, might readily be imagined ; but no one could for a moment believe, that the deliberate cruelties , in -this publication stated to hare been practised, - had been committed by our troops. —Sir Thomas Graham was on the spot at the 81,(0713118 neighbourhood for nearly a month afterwards , afillosaipisiut,,Etat.tveywas made to of St. Sebastian, or by the inhabitants, of any outrages haring been committed. We were charged with having committed sacrilege in their churches, and plundered them of the plate ; but was it to be believed, that the French, who had uniformly, in every town, carried off the plate from the churches., would have made St. Sebastian a sola tarp exception; or that when they had converted the churches of that town (as was the fact) into barracks, stables, and hospitals, they would have suffered the 'plate.to remain on the communion tables ? The charge was etterlffalse :—equally false was the al. legation, that our troops were occupied in plunder ing the town, at the moment they might, by follow. lag up the enemy, have captured the Castle. The fact was, that our troops did follow up the enemy, with the view of capturing the Castle, and suffered much in the unsuccessful attempt ; the 9th regiment, in particular, suffered severely, and it was actually found necessary-to reproee . serne of the O ffi cers for not checking the troop in . some that which was impracticable. The last charge against us was, that of setting fire to the town. This also was utterly false; so far from it, that repeated representations having been made to Sir Thomas Grabens, of the expediency of bombarding the town, for the purpose of hastening its surrender, by the consternation which would he thus occasioned, he at length trans. witted them to Lord Wellington, and his Lordship sent sixteen mortars, but with express directions, that they should not e used so as to set fire to the town, and only four of them were used in the di. rection of the attack upon the woks daring the whole siege. It was not our interest to set fire to the town, but it was that of the enemy ; avid the fact was, that almost immediately after the entrance o w oar troops Into it, this dames burst out in several places at the same time. The only part of the charges to which he, on the part of the troops em ployed at St. Sebastian pleaded guilty was, that of saving the lives of 600 of the enemy. When our soldiers entered the town, smarting under the ef fects of a most obstinate and protracted resistance, surrounded by the fire which was consuming the town, and scorched by the flames, 600 of the ene my's soldiers, unable to escape, dung down their arms, and threw themselves upon our mercy. Our troops were certainly merciful enough to gout them their lives, an act which was sanctioned by their Officers, and which was.not nor had been sifted objected to by Sir Thomas Graham. This, there fore, was the only part of these charges to which truth was attached. Ills Lordship then shortly ad verted to the subsequent operations (highly praising t'i'e conduct of the Portuguese and Spanish troops), iieve been mill* wit • ihp elficeruipOrgoei . . • ;. rim d*Puss tilik is the. 1 of !eibminbor t Wt, toimorrow. ' Nth of that ofolithi legalist from I was able to quartor*ith akimbo Adored it but [oLthat : *do h as s 1 I command of ifioitiviK L,-The 6 1 she &anis .: 4,, d i r s of Been ppy that it kos 1 ' riiie4M4Ototof Ordal (TRANSLATION.) MOST EXCEXLENT SlR,—Glory be to God sod bo nour to the triumphs of your Ens%legacy in this ewer. memorable campaign. I have the honour and the great satisfaction of congratulating your Excellency oo the sostrender of the important fortress of Pamplona, the capitulation of which having been signed by the evertor Officers entrusted with my power*, and by those delegated by the General commanding the place, I have, by virtue of the authority which you conferred upon me, just ratified. The garrison remain prisoners of war, as your Excellency had detsrminall She beginning that they should , and will 'morrow at two in the afternoon, in *nisi. be can . - ducted to the port of Passages. Our troops occupy one of the gates of the citadel, and those of France the place. • May God guard the precious life of your Excel lency. Dated from the Camp in front of Pamplona, 31st October, 1813. (Signed) CARLOS ESPANA ! . His Excellency Fie ld-blanhal the Duke of Ciudad Rodrigo. In announcing these victories aisd achievements from day to day, at the same time retecting in the contrast of the picture presented to our view but a twelvemonth ago, we are forcibly reminded of the observation of the philosophic Hens, lion to the concerns of nations. we 4 6 there is a point of depression, as wall as of exeliatien t l beyond which human affairs seldom pass, and from' which they , actually return in a contrary progress." By the same forcible and affecting reasoning,' we' may hope and presume that France has attained sand passed the acme of her grandeur !! , ---We will go so far as to declare, it dependr upon the wisdom of the men who may be chosen or retained for guiding the affairs of Great Britain, whether that country does, or does net, fall back into her pristine, at. least into her natural condition. Men have, in every age, been chiefly indebted'- or all their heroic achievements to their pasaions: hence nothing is so irresistible as the valour inspired by enthusiasm, while it lasts. If this enthusiasm be excited by the love, or near attainment of liberty, it is, if net in stantaneously, at least in the long run, superior to all opposition. Witness the feats of the Ameri cans (though barefooted) against the despotic measures of the Mother Country, and which termi nated in their proud independence. In a more espe cial manner, witness the wonderful prowess of the sans-culottes (bare-breeched) of France, against their manifold enemies, who led on the best disci plined troops in the world to arrest their progress towards freedom. The watch-word in both in stances was Liarair ! its very sound, like the power of electricity;takes effect .on every human heart, which is not basely or sordidly perverted by the in fluence of corruption. An ardent spirit is the certain i produce of fermentation front Nature's . sweets. By a kind of allegorical and metaphorical figure, the present Chief of France is the creature of the moral fermentation throughout its wide -spread people. How silly then to identify the man with the cause and the community, from which he derived his conse quence ? How absurd and childish to bawl " No, peace with BONAPARTE." The French people made him what he is, and although they may actually repent of the work of their hands, they will neither con sent to be injured nor humbled through Near • war therefore, and profess to war for the mere Fr pose of destroying the man they have enthroned, is to call up a new passion in the enemy, of the pro bable effects of which, we can form no per fect idea. While the French believed BONAPARTa fought for . them, they deemed no sacrifices too great to support him. His alliance with the Hoqse of Austria, and the flattery of that promised alliance, considered as the ransom of the country which gave him his Princess, are about to undeceive the French people, and show them that 044 De .peror has been fighting for himself ! ! It therefore behoves our Minlsters to take advantage of this greatly ominous change of opinion ;a n the itnportanceof which it shall be our task, from time to time, to expatiate: 190 63 Yesterday, a little before three o'clock, his Rival Highness the Pollee REGENT left Caribou House, in his travelling cerviage, for Windsor,,tu be present NA the celebration of the Princess AystusTga birth-thy, who completed her 45th year. The Princess CaA&s.orra is expected in town to day from Windsor. Yesterday morning Viscount MuLett.ut had as audience of the Panics ReseNT, at Carlton-house. General BALossuarr, Aid-de-Camp to the- Em peror of RUSSIA, is basely expected in this country, with additiesal details of the lite . gloridui - eients on the Continent. Apartments have bfeu taken for the General by the Russian Ambassador at Brunswick: house, Hanover-square. Sir Twos. TURTOI and Mr. SAHURL THORNTON are candidates for the seat in the Representation of the county Surrey, vacant by the death of Sty Tuos. Surreys. • W. Wamorr Stouts, of Ballygibbin, county Cork hag, offered himself a candidate for the Repre sentation of the Borough of Mall*►, at the next General Election. The seat which Gen. MORNTON, late Member . fer Woodstock, vacated in the House of Commons, was not held for Lord SUMDZSZAJ4D, the Duke ofMatu.- sottotraesigrandson; 'as reported, thatyeung noble man not being yet of age. - A large detachment of soldiers for general service was bit week embarked le , tbe Harrison transport, at Tilbury, to be posted.by Ge9ara! - Officer at the army depot to regboents abroad. • Upwards of 150 Flemings. Brabanters, Selavoni ans and Dalmatians, prisoners of war, have lately expressed their desire to be immediately : enlisted into German Logioa.. • • THE LORD MAYO/ie.-4N) new Loan MATOR was O yesterday sworn intoffice, mith.the usual state ce remony, and duly invested ; after which, the late worthy LORD MaYoa gave his farewell dinner at the Mansion-house. The truly philanthropic Mr. Wtisz has been at Bungay for a week, during which time, we under stand, he has given away for charitable purposes above 15001. in placing orphans and other boys out apprentices, and Jo. relieving numerous distressed objects. It must afford satleffiction_. to the admirers of merit to know, that Mist SMITH, bating received the commands of Royalty, was to give rings to her MAJESTY and the raincEsszs, at Windsor, last night. BREAM—The LEES MAYGE, on inspecting the Mealweigher's Report this ;day, ordered the price of Bread to remain as last week. We are concerned to state, that about a fortnight since, at the time the Marquis of TAVISTOE4 was hunting on his estate at Oakley, near Bedford, with his bounds, he was unfortunately thrown from bis Reny and broke titircoitantolie; liaaratit, We an extremely happy to say, the Noble Marquis wis suf. ficiently recovered last Tuesday, to atWd In thepro cession of opening the new bridge at iledford. lie rode on the right of the Mayor, as testy Meow her, and Mr. WIIITEREAD the Member' tor the Town, on his left. The bridge has been nearly fried Iby the munificent 'benevolence of the &Had FS sully, Mr. Wurreazals, Mr. Lona, the mayor; bad others. 'A grand. Opportunity, and the Last that can be had this year. Only Oise Da); to draw, and Two r Prizes of 20,0001. yet in the Wheel, besides others of 30001. 10001. 4001. 2001. &c. all of which must be drawn on Thuvadetoext, when the State Lottery will finish Drawing.. 'The Wheel goes round at Sue o'clock . ii Oa Morning. NAVAL INTE LLIGLNCL . LIG E NCR. - . --wa5...,..- fur French territory, which Imitated to be necessary Gibraltar Mails arrived this —mms--- I ending in the eetablielstiCent of our army in Ih n Cadiz, Corunno, and I of neat.. Nov. B:—Arrived his Majesty's ships Leviathan and the purpose of perfecting a line of defence, an d . morning, from which we h ave on l y space to insert Montague from Portsmouth. tp.joia Admiral Young's fl eet in i enabling Lord Wellington to watch the operations of the following extracts.—There is a very .important the bi N es tie t t i l i t s ite le ao--Th i e t. tolo t s a L i n i s tl l t l l mi si l w am b r s !(;:i: e t i ro su l p ta p e l l: ea rs w agl i the enemy, whilst he could conceal his own. From letter from C. A. SMITH, Commandant General of tits ;hers toms the slime, aodrausitim with his Majesty's h L itiesty . s a l d haV t i e , Royal Enginoers,addressed to the Editor of the conci; .l f hteu f ! ) ""t h i al Ati d l e k no n . l ve d the i tt: D a l l„ v d - r e It ek o v li o „, Bayonne, where their Sovereign had been t to reo a cte: this situation the Spaniards could look down upon from so, in contradiction to the letter which appeared in the .frlVl i r i deive. Bad &cavilled with several others for the !time.. rously made prisoner, and the Crowe given !_ j ?smells'. Nov. 8.---Arrived his Majesty 's shim Qatwo reigner and from whets* the French Army mare Duende de los Cafees, published in the St.atSauda!-Chealoire mad Orestes; Maw Plymouth I Geismar. Danmark, ' - . amain, of the %Sth ultimo, charging the British troop: with, ..ita p k t eed Weelemitto, from 121111 1 1.9 1 1;;Vd 5ba 14 . 5 ._ r . .t. comPleeir as they imallieeds the ten g eest °f "' wart 00 it orttlte.—Qatee into liar committing greet depredations and nets of arielence , estv.—fils'atajcater . rele On", Mlles moray bath to aye r m i g ht po l e b e eeetemplased la the rebus of `W." epee the inbabitiata of-St ! *bastion, after ira ilar+t Pl° 4 l ::tvotrr ,N0r.5......Mr1eml the .. r consmeacma.in t ' ery and freed. Matadi ere s a t billy toe Ise eacket.witlin wreck of that army, batten and dienendlialv to ~,t u u render. it likiiiriss win eater the conduct of Sir Mail from iraisage, in 10 dap: hy her we kora that same same dry, lithos reviewing oar eaceesans 10 ,7 '' --d ' , • hina we . 4 °64 75 1, 1 74 1104 11 0 1 4 1 t, Chargildde k d iP l i T " g44 444 /4 11. • 04"lete rk i llt I MPJW40144,4 0 011 ,rdidaak . AP "WWI" '... A 0 1 4 0 1 0 1; lie could not hot tocoi to their Leresar . • cr. I