Herald of the United States (Warren, R.I.), 1806-02-22 00:00:00

Gerald of the United States.
WARREN:—PUBLISHED NEAR THE POST-OFFICE, BY NATHANIEL PHILLIPS.
[No. 21, of Vol. XIV.]
SATURDAY, FEBRUARY 22, 1806.
[Whole No. 687.]
WEEKLY ALMANACK.
   FEBRUARY. Sun. Mon. Tue. Wed. Thu. Fri. Sat. Rem.     23 6 36 6 10 59 11 33 G. Washington   24 6 34 6 10 58 12 24 born Feb. 22, 1732.   25 6 33 6 10 57 13 15 Snow or   26 6 31 6 10 56 14 12 rain about this   27 6 30 6 10 55 15 9 time.   28 6
Cotton Warp and Filling.
A LARGE supply, of various numbers, at the Factory prices, per bundle or otherwise, for sale by the subscriber, opposite the BAPTIST MEETING-HOUSE.
WHERE ALSO MAY BE HAD,
Best American
LINSEED OIL,
per barrel or less quantity, on as good terms as can be obtained at the Mills.
European, East & West-India
GOODS, &c. &c.
PASCHAL ALLEN.
Warren, Feb. 8, 1806.
RANGING TIMBER.
WANTED immediately, 10,000 feet of RANGING TIMBER, for which Cash will be paid on delivery—any Person wishing to Contract for the same, will call on the Subscriber:—Also Wanted,
Two or three APPRENTICES to the ROPE-MAKING BUSINESS, apply to CHARLES WHEATON.
Warren, Jan. 31, 1806.
State of Rhode-Island and Providence Plantations, } January 30th, 1806.
THE Creditors of WILLIAM BARTON the second, of Warren, in the county of Bristol, butcher, are hereby notified to appear, if they shall think fit, at the General Assembly, to be holden at East Greenwich, on the fourth Monday of February next, then and there to show cause, if any they may have, why their petition for the benefit of an act, passed in June, A.D. 1755, entitled, "An Act for the relief of insolvent Debtors," ought not to be granted.
SAMUEL EDDY, Sec'y.
THE Subscribers being by the Honorable Court of Probate, for the Town of Barrington, appointed Commissioners to receive and examine the Claims and Demands against the Estate of FRANCIS DEDERICK HUNT, late of said Barrington deceased, represented intestate, and six months being allowed for that purpose:—We hereby notify the Creditors of said Estate to exhibit their claims against said Estate to either of us, at our respective dwellings within said time, or they will be precluded by Law.
SOLO. TOWNSEND, jun. } Com.
JOHN SHORT, jun. } Com.
Barrington, Jan. 13, 1805.
N. B. All who are any way indebted to said Estate are requested to make immediate payment, to AMARIAH LILLY, Adm'r.
Public Official Documents.
DOCUMENTS RESPECTING OUR CON- NEXION, &c. WITH THE EX-BASHAW OF TRIPOLI.
(Continued from our last.)
EXTRACTS.
Mr. EATON to Commodore BARRON.
Alexandria, 14th Feb. 1805:
"I CALCULATED to leave this on Sunday, and in two days after to proceed on our march with Hamet Basha to Bomba, by the desert, where it is hoped we shall meet reinforcements, and supplies sufficient to secure possession at Derne and Bengazi. This, we are of opinion, will require two additional small vessels and a bomb ketch. A gun-boat also would be useful, if the navigation at this season should not be thought too hazardous. Two brass field pieces (4 pounders) with their trains and ammunition, and 100 stand of arms, with cartridges, will be requisite. And, to place the success of the expedition beyond the capacity of incident, 100 marines, with bayonets, should be at hand, to lead a coup de main, in case of necessity. By the time we shall have arrived at Bomba, I shall have disbursed about 10,000 dollars which we have taken up on credit: of Messrs. Biggs and Brothers, 4,000 dollars of which sum Capt. Hull has drawn bills on Malta and London: the balance we have promised shall be sent up in one of the small vessels. Ten thousand dollars more at least, will be necessary, to accomplish our views on Derne and Bengazi. The Basha assures me he will be able immediately to refund these sums when established in those provinces. And to indemnify the United States for all expenses, arising out of a co-operation with him,
he pledges the tribute of Denmark, Sweden and the Batavian republic, in case of recovering his throne, which may be calculated upon as a certain event, if measures to that effect are supported by suitable energy and address. He engages also to release to you, without ransom, Capt. Bainbridge, his officers, and all American prisoners who may be in captivity at Tripoli; to stipulate with the United States a permanent peace, without tribute, and on the footing of the most favored nation. He engages that in case of future war, captives shall be treated as prisoners, and not as slaves, and subject to reciprocal exchange. He will surrender the enemy and his family and chief admirals into our hands, in case he does not escape by flight, to be held as hostages. And he agrees to deliver up to you, if required, all vessels of war, which shall have been employed against the United States by Jussuf Basha.
In consideration of the friendly offices of his majesty the king of the two Sicilies, towards the squadron of the United States, Hamet Basha invites his majesty to renew with him their ancient friendship, and proffers to him a peace on the same footing as that to be stipulated in his convention with the United States. If time and circumstances admit, we shall reduce this convention to writing, and forward copies by Capt. Hall; otherwise it will be done at Bomba. At the invitation of the Basha and divan, and in conformity to the sentiments expressed to me by the secretary of the navy, I have taken on myself the command in chief of the Basha's army, and the direction of all operations by land, and I cannot but flatter myself we may realize success of our expectations on this coalition; and that you will have the glory of carrying the usurper a prisoner in your squadron to the United States; and of relieving our fellow-citizens from the chains of slavery, without the degrading condition of a ransom.
Commodore BARRON to WILLIAM EATON. Malta, 22d March, 1805.
SIR, By Capt. Hall, who arrived in this harbor with the United States brig Argus under his command, on the 10th instant, I received your favors addressed to me, together with communications for the secretary of the navy, and copies of the correspondence between yourself and Capt. Hall, relative to your proceedings, from your arrival in Egypt, until his departure from thence; also, by the hands of Messrs. Hamet Basha, announcing his junction with you, all which I have perused with an attention and deliberation which the important and interesting nature of their contents demand. I cannot but applaud the energy and perseverance, that has characterized your progress thro' a series of perplexing and discouraging difficulties, to the attainment of the object of your research, an attainment which I am disposed to consider as a fair preface of future success.
On receipt of these communications by Capt. Hall, I did not lose a moment in making the necessary arrangements for sending you succour, and I now dispatch the Argus brig, with the Hornet sloop under her convoy, carrying a variety of stores and provisions, according to the accompanying list. Capt. Hall will shape his course for Bomba, direct, where he calculates on finding you, with the Basha and his army, and where he supposes you will make a stand. I have directed him to deliver these stores to you, to be applied as your discretion may direct. He has also under his charge a sum in specie, amounting to 7,000 dollars, which is likewise to be placed at your disposal. By the time these vessels establish a communication with you, you will have been enabled to form a correct opinion as to the prospect of ultimate success, and thence to estimate the advantages likely to result to our affairs from this co-operation, and by this opinion you must be guided in the application of the succour. Should you have encountered unexpected difficulties and obstacles, which place the chances of success upon more than precarious ground, your own prudence will suggest the propriety of not committing these supplies, and the money, uncontrollably to the power of the Basha: indeed, in the point of view in which I regard the measures already pursued, as well as the subject of co-operation generally, I conceive we ought to tread with the utmost caution. It is far from my wish, fir, to damp your ardor, or that of your companion in arms, by laying too great a stress upon the cold maxims of prudence, whereby the tide of success if often lost; something I am aware, should always be left to fortune, in enterprizes of this nature; but I must own there are certain things, expressed in your dispatches, which, when brought to the test of my instructions from home, give birth to feelings of doubt and uneasiness: these I deem it incumbent on me to point out to you with candor and explicitness, in order that we may be fully understood. You must be sensible that in giving their sanction to a co-operation with the exiled Basha, government did not contemplate the measure as leading, necessarily and absolutely, to a reinstatement of that prince in his rights on the regency of Tripoli. They ap-
pear to have viewed the co-operation in question, as a means which, if there existed energy and enterprize in the exile, and attachment to his person on the part of his former subjects, might be employed to the common furtherance and advantage of his claims and our cause, but without meaning to fetter themselves by any specific and definite attainment as an end, which the tenor of my instructions and the limited sum appropriated for that special purpose, clearly demonstrate. I fear, by the convention you were about to enter into with Hamet, and by the complexion of other measures, that a wider range may have been taken than is consistent with the powers vested in me for that particular object. These apprehensions may, perhaps, prove groundless, on further representations from you; but under my present impressions, I feel it my duty to state, explicitly, that I must withhold my sanction to any covenant or agreement committing the United States, or tending to impress upon Hamet Basha a conviction that we have bound ourselves to place him upon the throne. The consequences involved in such an engagement cannot but strike you forcibly, and a general view of our situation, in relation to the reigning Basha and our unfortunate countrymen at Tripoli, will be sufficient to mark its expediency. I shall consider it my duty, as it is certainly my inclination, to afford you every aid compatible with the authority vested in me, and commensurate with the means which have been placed at my disposal, and you may rely on the most active and vigorous support from the squadron, as soon as the season and our arrangements will permit us to appear in force before the enemy's walls; but I wish you to understand that no guarantee or engagement to the exiled prince, whose cause, I must repeat, we are only favoring as an instrument to our advantage, and not as an end in itself, must be held to stand in the way of our acquiescence to any honorable and advantageous terms of accommodation which the reigning Basha may be induced to propose; such terms being once offered, and accepted by the representative of government appointed to treat of peace, our support to the ex-Basha must necessarily cease. You will not, however, conceive that these considerations, important and necessary as they are, ought to induce us at once to abandon the benefits which the measures you have adopted seem to promise. I conceive a perseverance in these by no means incompatible with a total freedom from any trammels, with respect to a definite object, which freedom I deem it all important to preserve, especially when I view the peculiar situation in which Capt. Bainbridge and his fellow sufferers may be placed by this co-operation. If, by your energy and exertions, added to the supplies now sent forward, you succeed in getting possession of Derne and Bengazi, we may calculate, that, having received this impulse from our strength, the Basha will, himself, possess sufficient energy, courage and talents, and if accounts are correct, sufficient interest among the people, to move on with firm steps, and to conduct his friend and followers to the gates of Tripoli.
(To be continued.)
LATE AND HIGHLY IMPORTANT Foreign Intelligence.
BY ARRIVALS AT THE SOUTHWARD.
Declaration of the Emperor FRANCIS.
BRUNN, NOV 13.
BY the special order of his Majesty the Emperor and King, who has for some days honored our town with his presence, the following notice has been published by the Resident of Police, the Baron Van Sommerow.
PROCLAMATION.
"His Majesty the Emperor and King had never a higher wish than the maintenance of peace. This wish lay in the principle of his government, as well as in his heart. Without any, even the most distant prospect of enlarging his States, or of procuring an indemnification for the sacrifices he had made at Lunéville and Ratisbon, to the tranquillity of Europe, he desired nothing but that the Emperor of France, actuated by a similar principle of enlightened and humane policy, should return within the limits prescribed by the treaty of Lunéville. Whoever with a clear understanding took an interest in the fate of Europe, felt the justice and moderation of this desire.
"True to his principles, His Majesty in the progress of the present war, was ready at any moment to hold out his hand to peace, and amid the most brilliant victories, he would have thought and acted in the same way as under the influence of contrary occurrences.
"His Majesty believed that the great and happy moment of this reconciliation and of returning happiness to his people, was not far distant, when the Emperor of France, on several occasions, publicly manifested corresponding dispositions, and expressed himself with precision in the same spirit to Austrian Generals and officers, whom the fortune of war had made his prisoners.
"Full of confidence in such manifestations, and animated by an earnest wish to avert
the approaching danger from the capital of Vienna, so dear to his heart, and in general, to free his good and faithful subjects from the pressure of a longer war, His Majesty sent his Lieutenant Field Marshal, the Count de Gailly, to the head quarters of the French Emperor, in the name of himself and his allies, to obtain a confirmation of these pacific dispositions, to learn the further overtures which the Emperor Napoleon might make on this occasion, and to treat for an armistice as preparatory to negotiations for a general peace.
"But the hopes of His Majesty were not fulfilled. As the basis of an armistice, limited to a few weeks, the Emperor of France demanded:
"That the allied troops should return home; that the Hungarian levies should be disbanded; and that the Duchy of Venice and the Tyrol should be previously evacuated to the French armies.
"All Europe will feel the inconsistency between such demands, and the foregoing manifestations of the Emperor. His Majesty the Emperor and King had, by this first step, fulfilled a sacred duty, which his heart had dictated.
"But he should have thought himself grievously injuring himself, the honor of his monarchy, the dignity of his house, the reputation of the good and great nation over which he rules, and the highest interest of the states, in the eyes both of the present and future generations, if notwithstanding the duty incumbent on him to preserve all these entire, he had yielded to the severe, but passing, pressure of the moment, and consented to conditions which would have been a death-blow to his monarchy, and a breach of the relations in which he stood in all friendly states.
"His Majesty wished for peace—he wished for it skill, with sincerity and earnestness. But he never could, and never will, place himself in a defenceless state, where he and his people would be delivered over to the imperious and arbitrary decisions of a foe.
"In such circumstances, nothing remains to his Majesty, but to cleave to those great and inexhaustible resources, which he finds in the hearts, in the prosperity, in the loyalty, and in the strength of his people; and in the as yet undiminished force of his high allies and friends the Emperor of Russia, and King of Prussia, and to persist in this firm and intimate connection till the Emperor of the French, with that moderation which is the brightness of the crown of a great monarch, consents to conditions of peace which are not purchased by a sacrifice of the national honor and independence of a great state."
State of Military Affairs on the Continent.
AUSTRIAN SUCCESSES IN ITALY.
VIENNA, NOV. 6.
We are anxiously waiting for intelligence from both armies; and although we do not know any thing of the recent transactions in Italy, we may however, be allowed to rejoice at the official report published to day, announcing the success of our arms there. The following is the purport of the intelligence:
"Yesterday, (the 5th inst.) Major General Count Buena arrived here, bringing the Emperor a detail of the obstinate, but glorious engagements which have taken place near Caldiero; from the field of battle, in the vicinity of that town, the Archduke Charles dispatched Count Buena.
"On Oct. 29 the enemy had crossed the Adige, near Verona, for the second time. He had repulsed our outposts in the position near Caldiero, and made a smart attack on the entrenchments there, but was beaten back with loss. On the 30th General Masena repeated the attack on the entrenchments with four divisions. It appeared evident that his plan was to throw the centre of the Austrian army into confusion. The Archduke Charles was previously aware of his intentions; and in the night had ordered the corps de reserve to advance in support of the intrenchments. The battle lasted from noon to late in the evening, with the greatest obstinacy and hatred.
"While the battle was thus maintained at Caldiero, the French general Molitor attacked our right, and the intrenchments near Colognola; but the exertions of our troops were crowned by the best result at all points. The enemy were repulsed. The standards of the 5th regiment, and more than 2000 prisoners fell into our hands, and the number of their dead is computed at 5000. The loss of our troops is much less, but is not stated.
"On the 31st the enemy attacked the intrenchments of Chivvilco del Christo, at our left wing.—The action continued until the evening; on this day also, the enemy were everywhere repulsed. On the 1st of November our army stood firm and unconquered, the right wing under Marshal Bellegarde, near Illary and Colognola; the centre under Count Argentau, near Caldiero; and the left wing under Prince Romy, near Arcole, on the Esch. Gen. Davidovich is posted with a corps near Bevilacqua; and Prince Rosenberg, in the mountains. The Emperor, in pursuance of the Archduke Charles's wishes, has conferred on

Marshal Hellegarde the cross of Maria Theresa—a regiment on General Vogelzang; and the rank of Major-General on Count Von Welzenwolf.
RUSSIAN SUCCESSES IN GERMANY.
BRUNN, NOV. 14. General Kutusow, who after the affair at St. Hypolite, passed the Danube near Krems, found on the left bank a column of French troops, consisting of 10,000 men, under the command of General Mortier, who attempted to oppose his passage.
The Russians immediately surrounded the advanced guard of the enemy, but were repulsed.—Shortly after they gained a complete victory—6,000 French remained on the field of battle, and the remainder took refuge in the castle of Durrenstein, celebrated as having been the prison of Richard Cour de Lion, where they surrendered by capitulation. Four pieces of cannon, 6 stands of colours, and 36 officers, fell into the hands of the victorious Russians. Marshal Mortier is among the killed.
OLMUTZ, NOV. 21. The unexpected passage of the French troops through Vienna, and over the Danube, put the whole army of Gen. Kutusow in danger of being torn and defeated. The corps under Major-General Prince Pangration, was completely surrounded by the enemy. Still so much greater was the joy, when, on the 19th, the Prince, with his corps of 6,000 men, returned safe to the head-quarters at Wischau. He had been attacked on all sides, on the preceding day, by 30,000 French, under Murat, and several other Marshals. The affair commenced with a heavy cannonade; happily for Prince Pangration, a bomb, thrown into a village, in which a corps of the enemy were posted, which threatened his flank, compelled them to retreat, for the purpose of saving their ammunition from the effects of the flames: being obliged to take a very circuitous route, the Prince obtained two hours to effect his retreat. The enemy, however, continued his attacks with much impetuosity, and so far succeeded as to separate a few of the corps; but their attempts, though several times repeated, were without effect, as the brave Russians always fought their way through the enemy with fixed bayonets, and even repeatedly threw the French cavalry into disorder.
MISCELLANEOUS.
(Via France)—BERLIN, NOV. 13. Count Lowenheim, Colonel General of the King of Sweden, who arrived here some days since, has brought a letter from his Sovereign to the King of Prussia, in which he expresses his surprise, respecting the possession of Hanover by Prussian troops, and observes, that the Emperor Alexander, and himself, had previously concluded a treaty with England, in which they pledged themselves to compel the French to evacuate Hanover; that the premature conduct of Prussia had excited his astonishment, &c.
It is not known whether the Prussian Cabinet has returned any answer to this letter. LUNENBURGH, NOV. 23. The Russian troops continue their march through this place towards Bremen, whither Prussian troops were also on their way, and where we know that a considerable force has arrived from England. The Commandant of the latter, General Don, in order to have an interview with the Russian General Folsky, has this morning proceeded through this town, by way of Yell, to the head-quarters of the Duke of Brunswick. There are 20,000 Russians lying at Harburg, ready to act according to circumstances.
VIENNA, NOV. 19. Before the Emperor, Francis II. departed for Moravia, he represented to his Generals the impossibility of any reasonable attempt to defend the place; and bidding them adieu, burst into tears. It appears certain, that the Hungarians have refused very little zeal in offering him an asylum. When he was at the foot of the stair-case, and ready to get into his carriage, he turned towards the palace, and lifting his eyes to heaven, exclaimed, "My God, my God!" The Empress seemed nearly ready to swoon, in a violent fit of despair; in which she uttered many severe reflections upon the English Ministry.
ANTWERP, NOV. 25. The eight thousand French troops within the walls of this city, will, in the course of a few days, be increased to twenty thousand.—Several houses have ten men quartered on them.—A number of these troops are destined for the Batavian Republic. Prince Louis is daily expected, a house being appointed for his reception. General Colaud will command under him.
The Russians, to the amount of 24,000 men, reinforced by the English troops from Malta, are said to have sailed from Corfu on the 17th October, and to have arrived safely at Venice. This force, with that which the Austrians left in Venice, will be able to incommode and harass Massena in the rear.
The Courier of December 12, contains a long letter, dated Rastadt, Nov. 14th, detailing the events which have passed at Vienna, since the success of the French. In commenting on this letter the editor says—"Having pointed out what is not true in the Bulletin, it is fit we should know what is—the account will be a very brief one.—The French have got to Vienna; have pushed their columns across the Danube to Znaim; have been severely handled by the Russians; have not been able to prevent their retreat; have been forced to recall Bernadotte, and thus given up the plan of attacking the Archduke Charles's rear; Marmont has been obliged to burn the bridges, to prevent being cut off himself;
Prince Ferdinand has driven Garapony D'Hilliers out of Bohemia; and Bonaparte has been telling lies by wholesale."
Dispatches were yesterday received at Lord Mulgrave's office from Lord Harrowby, at Berlin, and from the Court, which has removed from Vienna to Brunn. The former gives an account of the favorable reception experienced by his Lordship from the Prussian Monarch and his Ministers; and the latter contains the particulars of the signal victory obtained by the Russians over the French; a confirmation of the junction of the Russian armies, and the near approach of a third; they also give the particulars of the capture of Vienna, by the enemy, on the 12th ult.; but from the immense number of the allied forces now collected in that direction, there is every probability of the enemy being immediately forced to evacuate the Austrian capital.
Latest and Most Important.
Received at New-York.—London dates to Dec. 18.—
The Battles of Wischau.
LONDON, DEC. 18. In our paper of yesterday, we announced the arrival of dispatches from Sir Arthur Paget, the British Ambassador to the Emperor of Germany, containing accounts of a general engagement between the French and allied army; and also accounts from other quarters, relating to the same affair: in the afternoon the following official notice was circulated:—
BULLETIN. Government received last night accounts, dated at Olmutz, the 3d, by which it appears that a general battle took place on the 2d, between the French and Austro Russian armies at Wischau. The centre of the latter seems to have met with great resistance, and to have been repulsed; but the left wing of the enemy were defeated, with considerable loss, by the right wing of the allies, under the command of the Princes Lichtenstein and Pangration. The Emperor Alexander commanded his troops in person, and displayed the utmost bravery.
The conflict seems to have been of the most obstinate kind, and to have been sustained by the Allies in the most exemplary manner. The loss of the French was immense. The messenger who brought this intelligence left Olmutz twenty-four hours after the battle, and relates that, at that time the losses of the enemy were reported to be much more considerable than those of the allies, who still maintained their position at Wischau.
Accounts have been this day received at the Admiralty, which left Hamburg two days later than the messenger who arrived from Sir A. Paget. These accounts state, that several skirmishes took place between the Allied Armies and the French from the 29th of November to the 2d inst. when they came to a general action, in which the French lost 27,000 men, and all their artillery. That the French retreated—that Bonaparte was wounded—that he had proposed an armistice, which was rejected.
That the Prussians, to the amount of 140,000 men, were in motion. That the King of Prussia had himself taken the command of one army, and the Duke of Brunswick another."
The accounts that have been made public, though deficient in detail, confirm this important fact, that the allies remained masters of the field of battle. The centre of the allied army was defeated, but so was the left wing of the enemy. Even a drawn battle may, under the present circumstances of the contending armies, be considered as a victory obtained by the allies, for a few such battles would entirely ruin the French army.
The Emperor Alexander was missing for about six hours during the action, and no little apprehension was entertained for his safety. He was at length found fighting among that part of the troops which in the end were worsted by the French centre. It was with difficulty he was persuaded to retire to a quarter where he would be exposed to less personal danger.
The accounts received at the Admiralty were transmitted by Admiral Holloway, who stated that a Lieutenant of the Adamant was on shore at Cuxhaven, on Saturday last, where accounts had been received from Hamburg, two days later than the time Mr. Kay, the Messenger, passed through that city, stating, that the battle had been entirely in favour of the Allies, that Bonaparte had been severely wounded in the right arm, and it was thought would be obliged to suffer amputation. The commander of the Piquez gun-vessel, arrived from the Em, gives an account of what he heard, similar to the above. All accounts, however, agree, that the battle was fought on both sides with the greatest obstinacy, and expended little ammunition. The Russians immense.
The number of our allies is stated at 70,000; though the accounts of the numbers, in letters from various parts of Moravia, before the battle, say there were 90,000. The number of Bonaparte's army is stated at 80,000, and some reports say, that near 27,000 fell on each side, while others make that of the Allies only 15,000.
It is probable that this battle will soon be followed by another, and it may fairly be inferred from the French attempting nothing for two days, that they had suffered very severely, and were not in a condition to risk a fresh engagement before Bonaparte was subdued, in manifest. We may be allowed, however, to indulge the most sanguine hopes of success. The Prussians may be now expected to be soon at the field of action. When Mr. Kay passed through Berlin, news of this battle had been received there. A Council of the State had been held, and the Prussian army, 140,000
strong, had actually begun to march into Bo-
From all that is yet known of the battle of the 2d, it is probable that the French, as well as the Allies, will claim the victory. Indeed we think they have already done so, for to no other circumstance can we ascribe certain rejoicings which took place in Holland within these few days. A gentleman who left Cam- phers on Tuesday last, states, "that great rejoicings had taken place there, in consequence of a victory gained by the French, in Germany"—but although he enquired the particulars of the success, from several persons, no one could give him any account: the French commandant could not tell, at least appeared to be ignorant of the cause of the rejoicing.
Letters from France, of a late date, received last night, also state, that Bonaparte claims a decided victory in the battle of the 2d inst. His bulletin says, that the Russians were defeated with immense slaughter, and that 6,000 prisoners, and 18 pieces of cannon fell into the hands of the French. Bonaparte's retreat is represented as temporary, for the purpose of concentrating his forces, who are acknowledged in those letters to have suffered considerably; three French Generals are said to have been killed, six wounded, and three missing. The Russians are allowed to have fought with great courage and intrepidity, and the Emperor Alexander is stated to have had two horses killed under him in the action. Bonaparte is said to have been slightly wounded, to have had one horse killed under him, and two Aides de Camp killed by his side. The private letters also state, that the country people broke down all the bridges, to prevent or impede the retreat of the French, who, in return, had laid waste the country for several leagues round. A column of 26,000 Russians is stated in the same accounts to have joined the Grand Army on the 5th inst.; a fact, which, in the present situation of affairs, must be deemed of considerable importance.
Prussia joined the Confederation.
LONDON, DEC. 16. A neutral arrived from Embden, in the river Tyne, on Thursday night, is said to have brought the important intelligence, that a Prussian army, consisting of 50,000 men, commanded by the King in person, had entered Bavaria, and that several detachments of the French had been intercepted and taken prisoners.
An order was received by the telegraph, on Wednesday, at Portsmouth, to countermand the sailing of the Mediterranean convoy from St. Helena's, the Rochfort squadron being at sea again.
All the first Lieutenants of the ships engaged off Trafalgar, are to be promoted to Commanders.
The charge preferred by the Board of Admiralty against Rear-Admiral Calder, is on the ground of "not having done his utmost to bring the enemy to the renewal of the action, on the second day." Mr. Erskine is retained in the defence of Sir Robert Calder.
The Court-Martial upon Sir Robert Calder will be held in a few days, at Portsmouth, on board the Prince of Wales, and not the Gladiator, the ship on board of which courts-martial are usually held.
DEC. 5.—We are happy at length to announce the arrival of the Victory, with the body of our dear departed hero. She anchored at Spithead yesterday, his Lordship's flag hoisted half-mast high.
Domestic Occurrences.
FEDERAL-CITY.
WASHINGTON, FEB. 10. WE have been favored with extracts from several letters received from Detroit, dated as late as the 13th of Dec. The alarm of an attack from the Indians had entirely subsided.
A few evenings before the 13th of Dec. some British officers with arms forcibly entered a house in Detroit and seized a deserter from them. The people of the town interfered, rescued the deserter, shot one of the British officers in the leg, and considerably injured the other. Both these officers, with other persons concerned in the affray, are recognized to appear at the ensuing court to answer for this atrocious breach of the peace.
STATE OF NEW YORK.
NEW YORK, FEB. 15. Yesterday the United States brig Hornet, Isaac Chauncey, Esq. commander, arrived at this port in 7 days from Charleston, for orders. We have reason to believe that the Hornet will immediately sail from this port for England, with a Minister Extraordinary to the Court of St. James. We do not believe, as stated in a letter from Washington, that Mr. Burr is the man for this important embassy, as we find in a Charleston paper of the 6th inst. this article—"Col. Aaron Burr, and Col. Hawkins, arrived in Georgetown, on Friday evening last.
Extract of a letter from Washington, dated Feb. 8.
"The brig Hornet, is ordered for England; it is said Dent is to have
the command; Lieutenant Trip, Morris, and Maclean, go in her. Marine officer Lieutenant Cox. The current report is, that Mr. Burr goes to England as Envoy Extraordinary. The frigate Boston was surveyed yesterday, and condemned, as unfit for service."
Captain Ingraham, arrived at Charleston, states, that the Rochfort squadron failed from Teneriffe on the 17th Nov. and nothing had been heard of them when he failed, (28th Dec.)
MASSACHUSETTS.
BOSTON, FEB. 17.
HIGHLY IMPORTANT NEWS! From the Boston Gazette.
Since our last publication, a vast stock of Intelligence, of a very interesting and commanding nature, has reached this country from Europe.—The limits of our paper are too narrow to contain a hundredth part of the details which it furnishes. We had prepared something like a successive arrangement of the various Military Operations, which have taken place on the Continent, since our former regular dates; but aware of the public anxiety to see the effects, which have been produced by these operations, to the last period of recording time, we have been obliged to throw aside much of the series we had collected, and confine ourselves principally to the events of the last and important battles.
The London papers containing the account of these actions, have not been received at this place. We are therefore indebted to the New-York papers for the particulars of them, given under our foreign head, and the annexed summary of the News:—
"The official dispatches of the all important news of the battles of the 2d, 3d, and 4th Dec. had been sent to England by express; but the bearer was wrecked on the coast of Holland, and all the papers lost. Private accounts however, furnish the essential particulars. On the 2d Dec. Bonaparte put himself at the head of his troops between Brune and Olmutz, in Moravia; and was met in person by the Emperor Alexander, at the head of the Russian army. The number of troops on each side was but little short of 100,000. The action commenced with spirit, and continued, with varied success during the whole day. On the 3d it was renewed with increased ardor. The Russians in the centre, who had suffered a partial defeat, crawled on their hands and knees, to the mouths of their own cannon, which had been turned against them, and re-took them. The slaughter on this day was immense. On the 4th, the battle was again renewed, and continued throughout the day; but on the evening of the 5th, the French began to retreat, and retired back of the Schwartz. The Russians depended chiefly on the bayonet, and neither gave nor received quarter. The loss on both sides, in killed and wounded, amount to above 50,000 men. Bonaparte, surrounded by his Guards, and Alexander, at the head of his, were personally opposed to each other. The former was wounded in the action, and would have been taken prisoner, but for the desperate efforts of his Guards, who saved him at the sacrifice of most of their own lives.
To the above, our latest papers allow us to add, in contradiction to the reports received at Baltimore from Paris, that the Archduke Charles, after a most masterly retreat from Italy, was advancing by rapid and forced marches to the relief of Vienna, with an army, including the Hungarian levy, of 90,000 men. Expectation was also confidently entertained, that the King of Prussia and King of Sweden, at the head of an army, consisting of Prussians, Russians, Swedes, Saxons, Hessians, and English, amounting in the whole to 250,000 men, were already in the field, and acting against the French. The staff of the Swedish Monarch had left Stalsund, and the camp equipage of the King of Prussia, had been sent from Berlin on the 3d Dec. on its route towards Franconia.

THE BRITISH IN SOUTH AMERICA.
A letter has been received at New-York, from Barbadoes, dated 4th Jan. which states the following important article:—
"A Portuguese vessel from the Brazils, was spoken with a few days ago, and reported that the expedition under the command of General Sir David Baird, and Sir Home Popham, had taken Buenos Ayres." The force of this expedition was four ships of the line, frigates, &c. and six thousand troops, a force we understand from an intelligent person who was lately at the river La Plata, more than adequate to the reduction of the province of Paraguay.
Extract of a letter from an American Gentleman in Cadiz, to his friend in this city.
The French and Spaniards, wounded in the battle of Trafalgar, amounting to 5,000 have been exchanged.—Their total loss in killed and wounded is not short of 15,000.
There were few ships that had less than 300 killed and wounded. The Trinidad had 500.
Out of the 10 ships saved, there are not 3 worth repairing.
TRADE TO CADIZ.
[The following letter has been received by the Schooner Two Brothers, arrived at Marblehead from Cadiz.]
"Queen, Gibraltar-Bay, 19th Nov. 1805."
"My Lord Marquis. His Majesty having been pleased to order that the ships of neutral nations trading to the ports of Cadiz and San Lucar, with such cargoes as are not contraband of war, shall be permitted freely to pass without interruption from his blockading squadron."
"I have to request your Excellency will be pleased to order this, His Majesty's concession, to be signified to the Consuls of the neutral nations residing in Cadiz."
"I have the honor to subscribe myself, my Lord, your most obedient servant, C. COLLINGWOOD."
To His Excellency the Marquis de LA SOLAND, Governor, of Cadiz, &c. &c. &c.
The Cork fleet has arrived at Barbadoes; 10 sail only are missing, supposed to have been taken by the French.
Admiral Cochran was off Martinique on the 4th Jan. on the lookout for the Rochefort squadron.
Capt. Hooper arrived here on Saturday from Martinico, informs, that on the 17th Jan. in lat. 19, 40, N. long. 63, 13, W. he was brought to and boarded by a French 84 gun ship, then in company with 5 other ships of the line, and 2 frigates. He was told, by the officers, that the fleet was direct from Brest; that they had been out 31 days, and were bound to St. Domingo.
Capt. Hooper, left St. Pierre's (Mar.) on the 15th Jan. and says, there was not a single prize lying there when he sailed.
Complete returns of the killed and wounded, on board the British fleet, in the battle off Cape Trafalgar, are officially given in the London papers.—Killed, 21 officers, 15 petty officers, 283 seamen; and 104 marines.—Wounded, 41 officers, 57 petty officers, 870 seamen, 196 marines. Total 1587.
CONGRESS.
IN SENATE—February 8, 1806.
General SMITH, of Maryland, from the Committee to whom was referred on the 15th of January last, that part of the President's message which relates to the spoliation of our commerce on the high seas, and informs us of the new principles assumed by the British Courts of Admiralty, as a pretext for the condemnation of our vessels in their prize courts, respectfully reports for the consideration of the Senate, the following resolutions:
I. RESOLVED, That the capture and condemnation, under the orders of the British government, and adjudication of their courts of admiralty, of American vessels and their cargoes, on the pretext of their being employed in a trade with the enemies of Great-Britain, prohibited in time of peace, is an unprovoked aggression upon the property of the citizens of the United States, a violation of their natural rights, and an encroachment upon their national independence.
II. RESOLVED, That the President of the United States be requested to demand and insist
upon the restoration of the property of their citizens, captured and condemned on the pretext of its being employed in a trade with the enemies of Great-Britain, prohibited in time of peace; and upon the indemnification of such American citizens, for their losses and damages sustained by these captures and condemnations; and to enter into such arrangements with the British government, on this and all other differences subsisting between the two nations, (and particularly respecting the impairment of American seamen,) as may be consistent with the honor and interests of the United States, and manifest their earnest desire to obtain for themselves and their citizens by amicable negotiation, that justice to which they are entitled.
III. RESOLVED, That it is expedient to prohibit by law, the importation into the United States, of any of the following goods, wares, or merchandise, being the growth, produce or manufactures of the united kingdoms of Great Britain and Ireland, and the dependencies thereof, that is to say: woollens, linens, hats, nails, looking-glasses, rum, hardware, slate, salt, coal, boots, shoes, ribbons, silks, and plated and glass wares. The said prohibition to commence from the _____ day of _____ 1806, unless previously thereto, equitable arrangements shall be made between the two governments, on the differences subsisting between them; and to continue until such arrangements shall be agreed upon and settled. And the report was read and ordered to lie for consideration.
WARREN?
SATURDAY, FEBRUARY 22, 1806.
Foreign advices have been received at Charleston, S.C. by an arrival from Greenock, (Scotland).—London dates to the 19th of December: one day latest. The most striking articles are the following:
"LONDON. DEC. 19. Letters are said to have been received at Paris, which state, that on the 28th ult. Bonaparte sent General Savary with a letter to the Emperor Alexander. In this communication, the former addressed his Imperial Majesty with the title of "Sire, my Brother." be complimented the Russian Emperor, on his arrival in Moravia: assured him of his entire esteem, in the most obliging language, and expressed a wish to merit the friendship of that Sovereign."
The Emperor Alexander directed his answer to "the Chief of the French nation."—His letter was couched in polite terms.—His Imperial Majesty declared, that he was equally desirous of a lasting peace; and to the attainment of that object he was as ready to contribute as Napoleon.—He concluded, by beseeching the Almighty to have the latter in his holy keeping.
"DEC. 17. The Hamburg mail due on Wednesday last, arrived last night, and this morning the other three mails, that were due also, reached the Post-Office."
By these mails the important intelligence has been received, that the Emperor of the French has rejected the mediation of his Prussian Majesty; and the latter has taken the field, and his armies are in motion towards Franconia.—Such is the substance of the intelligence from Hamburg.
It is further stated, that the Duke of Brunswick's head quarters have been transferred to Göttingen; that the King, with the garrison of Berlin, has gone towards Saxony; and that the Prussian troops are evacuating Hanover.—All these movements have probably one object; the concentration of a strong force to embarrass Bonaparte, and force him to battle, before he can approach his reinforcements by a retreat. It would be ridiculous, however, to pretend to develop the probable movements of the allies. A little time will unfold them, and demonstrate how far their circumstances have been improved by the accession of Prussia—an event that seems calculated to produce the most important consequences.
"BERLIN. DEC. 7. It was not on the 27th, but the 25th of November, that Count Haugwitz arrived at the head-quarters of the Emperor Napoleon. No advices, however, had been received from that minister so late as yesterday, in the afternoon. If the Emperor of the French does not accept the propositions of which he is the bearer, the war will be most terrible, and Prussia will exert all her strength to maintain her ancient glory. The genius of the great Frederick appears to animate the whole army, and the enthusiasm of all classes throughout the Prussian monarchy is extreme."
The young volunteers present themselves in crowds, to offer their services to their country—and the Austrian prisoners of war, who desert by hundreds, come to enlist among our troops. Several new regiments are raising, and the army will by these means be soon augmented to 300,000 men.
A foreign article, under the date of "Haag, Dec. 7," says—"The Weser and the Elbe are in the possession of his Britannic Majesty."
Dispatches from Mr. BOWDOIN, our Minister to Spain, have been received at Baltimore, by the ship Commerce, capt. Adams, in 35 days from St. Ubes: they were put on board the last of Dec. The report at Lisbon and St. Ubes was, that a recent engagement had taken place along the whole French line, which continued with little intermission for eight days, when a fresh reinforcement to Bonaparte's army decided the fate of the day, giving him a complete victory.—40,000 Russians laid down their arms, and were sent home on parole, and 20,000 which attempted to force their retreat, were cut to pieces. An armistice was the immediate consequence. Such was the report at Lisbon on the last of Dec.
CONGRESSIONAL MINUTES.
Mr. J. Randolph, alluding to the motion of Mr. Gregg for prohibiting commercial intercourse with Great-Britain, observed, that the country south of the seat of Government, particularly Virginia, was deeply interested in a speedy reception or rejection of that proposition;—that he was, therefore, opposed to any unnecessary delay; but, that after mature reflection he considered that the House required more information on the subject than it had yet received; he therefore proposed a resolution. That the Secretary of State should lay before the House a statement of the Exports and Imports of the United States, with Great-Britain, and her W. I. islands, for the last two years; which was agreed to.
Another resolution was agreed to, extending the information required, to Nova-Scotia, New-Brunswick, and the provinces beyond the Cape of Good Hope.
Gen. Smith, of Maryland, has reported to the Senate a Resolution, on the subject of British spoliations, similar in its principles and views, to the Resolution, offered in the House by Mr. Gregg.
A letter from Washington, states, that government has received dispatches from Mr. Munroe, dated in London, 24th Nov. in which he mentions, that he expected to settle every thing amicably with the British government. N. Y. Gaz.
A letter from Aux-Cayes, dated Dec. 27, says—the negroes in this neighbourhood are in a state of revolt, and have possession of a fort about 10 miles distant. The troops are beating to arms. The ground of complaint is, that the government exact too great a proportion of the produce.
An arrival at Norfolk in 18 days from Aux-Cayes, contradicts the story of the execution there of the crews of two Italian ships and a brig.
At Statesburg (Geo.) the elegant seat of Gen. Sumpter, was lately destroyed by fire.—The loss is estimated at 15,000 dollars.
MARRIED]—In this town, on Sunday last, by the Rev. John B. Gibson. Mr. JAMES KELLY, to Miss BETSY NEWMAN, both of this town.
DIED]—In Swanzey, on the 21st instant, the Hon. SIMEON POTTER, Esq. in the 91st year of his age.—His funeral will be attended to-morrow, at two o'clock afternoon, from his Mansion-House in Bristol.
SHIP NEWS.
STATE OF RHODE-ISLAND.
DISTRICT of NEWPORT. ENTERED. FROM Sloop Fame, Justin; New-York
DISTRICT of PROVIDENCE. ENTERED. FROM Sloop Sally, Bourne; Richmond
Ship Paterson, Shaw, Boston. CLEARED. FOR Sloop Fair-Play, Rhodes, Alexandria
Saily, Westcott, New-York. Sshr. Ann Eliza, Olney, Amsterdam. DISTRICT of BRISTOL. ENTERED. FROM Sloop Polly & Nancy, Gardner, Providence
Brig Rambler, Champlin, Havana. Nancy, Earl, Ditto. CLEARED. FOR Sloop Polly & Nancy, Gardner, Baltimore
Rebeckah, Hicks, Providence. Fame, Justin, New-York. Arrived, at Providence, on Monday the 10th inst. ship Patterson, Shaw, from Boston. On the 9th inst. Nantucket South Shoal bearing N. W. distant 40 miles, at 8. A. M. saw a wreck; tacked ship and stood for her, came up with her, and sent the boat on board; found her to be the schr. Stork, of Wiscasset, loaded with lumber; the foremast gone about 15 feet above the deck, the mainmast gone about 4 feet above deck, one man lying dead upon deck, between the
pumps, full of water, and appeared to have been wrecked some time; took a new foremast out of her; the bowsprit was standing, the main boom lashed to the crotch, the bulk-heads of the cabin washed down, and the lumber floating about deck.
At Fort-Royal (Mart.) Dec. 28, brig Matilda, of Providence, just arrived; Schooner Betty, Tufts, of Bristol, do.
At St. Lucar, Dec. 18, brig Susan and Polly, Shaw, belonging to Newport.
At Surinam, Dec. 25, the John, and Providence, of Providence; Betty, of East Greenwich.
The schr. Riding-Sun, arrived at New-York, from Kingston, (Jam.) was plundered the day after sailing by a Spanish pirate, of provisions, clothes, rigging, &c. and several of the crew who dared to complain, were threatened to be stabbed.
The brig Unanimity, Wilson, loaded with Caracas cocoa, from Charleston, for Bilbao, was scuttled into Plymouth, detained 14 days, and liberated. A letter on this subject says, "The King's advocate had advised the captors to it from the beginning, but at first they refused."
On Sunday last, a schr. was passed in the Vineyard sound, without cables, anchors, or rudder. She was not to be seen on Monday, and fears were entertained of her safety.
At Bermuda, Jan. 19, ship John Jay, Fry, from Batavia, to a northern port, with a cargo of sugar and salt, sent in for adjudication.
The ship Cicero, Parker, from New-York for Amsterdam, failed from Portsmouth the 10th Dec. for Cape-de-Verde, after having all her cargo taken out by the British.
The Diana, Tibbetts, from New-York for Amsterdam, detained, ran ashore, damaged the principal part of her cargo, was got off, and carried into Portsmouth; the captors offered to restore the property in its damaged state, by being exonerated from loss or expense, which offer was rejected by the Captain.
A letter from London, says, "the cargo of the ship Hercules, Bradford, from Philadelphia for Antwerp, was restored on the 13th Dec. on the captor's paying costs—the had been dismissed, and would not be able to sail before the 1st February."
The brig Delight, Foot, for Rhode-Island, was to sail from the Isle-of-France, about the 24th of November.
GEORGETOWN, (s. e.) JAN. 26. The brig Jane, of Bristol, (Maine) Henry Penner, master, failed from St. Vincent's with a cargo of rum, molasses and sugar, bound for Wilmington, (N. C.) About 4 o'clock on Sunday morning, 9th instant, she went on shore on the beach, nearly a mile to the northward of Georgetown light-house. The cargo was safely landed, the vessel stripped of all her running rigging, and as she is not bilged, it is supposed may be got off with considerable trouble and expense.—The brig is owned by Robert Dockendorff and others. The cargo belongs to Aaron Lazarus, of Wilmington.
NEW-YORK, FEB. 15. Arrived, the brig Sufannah, Arnold, of Baltimore, in 95 days from Gottenburg. Spoke, Jan. 10, in lat. 33, 40, long. 29, 30, the ship Luis, Conway, 22 days from Salem, for Messina—the had been detained by a French fleet of 11 sail of the line and 7 frigates, 24 days from Brest, steering to the southward and westward. Jan. 17, in lat. 37, 42, long. 33, fell in with the homeward bound English fleet of 25 sail, from Jamaica. Feb. 7, in lat. 35, long. 71, spoke the sloop Polly, 3 days from Rhode-Island for Havana.
PHILADELPHIA, FEB. 13. Arrived, brig Betsy, M c Curie, Jacquesmel 20 days. Left, Jan. 16, brig Robert & Mary, of and for Philadelphia, uncertain; Charleson Packet, Abbott, do. do.; schrs. Victory, Wheelton, for Philadelphia in 20 days; Eliza Tice, Donahoe, for do in 10; Bee, Huddle, for do in do. in 14; Ann, Pennock, for do. in 15; Vigilant, and Ranger, for Baltimore in 3 weeks. Sailed in co. schrs. Wallkill, —, and Polly, King, for New-York; Blossom, Davidson; Edith and Nancy, —; and Hetty, Stanley, for Baltimore. Jan. 18, in lat. 17, was boarded by the British frigate La Pique, Capt. Rois, on a cruise, who pressed 3 men without protection, but otherwise treated politely. Jan. 27, parted from the Edith and Nancy, and Hetty. Jan. 29, parted from the Blossom, and saw a vessel, supposed to be a privateer, in chase of her. Feb. 3, spoke the Hetty, and was informed, that off Havana she had been chased by a privateer and 4 gun-boats. Next day, a privateer schooner, then in sight, had attempted to board the Hetty, but missed by shortening her sails too soon. Feb. 5, the Edith and Nancy, out of sight—in lat. 31, the privateer in chase of the Betsy, and firing at her, the Betsy returned it with her stern-chasers, which damaged her rigging. She repaired her rigging and stood after the Hetty. The privateer mounted 6 six-pounders, and appeared full of men.
BALTIMORE, FEB. 12. Arrived, schr. Montserrat, Davis, St. Jago 23 days. The schr. Hamlet, Christie, of New-York, had failed for Jamaica. Previous to sailing accounts were received that a British sloop of war had sunk the noted privateer Regulator, and cut out another from a small port to the westward of St. Jago. Feb. 6, off Cape Hatteras, spoke a brig. 12 days from Havana for New-York. The famous privateer Superb had failed on a cruise, report said to cut out some American vessels at Aquin, south side of St. Domingo. The Little Regulator, Love, (formerly the Severn, of Baltimore) was to sail on a cruise in a few days.
NORFOLK, FEB. 6. Capt. King, of the ship Alexander, spoke, Jan. 1, in lat. 34, 44, long. 38, the ship Alert, Bouth, 7 days from Boston for Havana—had lost her fore and main-top-masts in a heavy gale in the Gulph, and was bearing away for Bermuda; Capt. K. asked for some meat, but a gale coming on, they were not able to assist each other. The Alert was perfectly tight, and in every other respect in good order.
A MAN LOST.
A MAN by the name of SAMUEL THURSTON, subject to fits of derangement, left his family in October last, and no information can be obtained respecting him. He was 63 years of age, rather tall, very talkative when crazy, inclined to call himself by different names, to shave his hair very close, to tear his clothes, &c. If any person can give information of said THURSTON, he will confer a peculiar favor on his distressed wife by inclosing a letter in the Mail, to SARAH ANN THURSTON, to be lodged in the Post-Office in Hardwick.
The benevolence of Printers in New-England is solicited so far as to insert this Advertisement.
Hardwick, Jan. 18, 1806.

APOLLO'S FOUNT.
A COMPLIMENT.
As a well-country mayor, with formal address, Was making his speech to the haughty Queen Bess; "The Spaniard," quoth he, "with inveterate spleen, Has presum'd to attack you, a poor virgin Queen: But your majesty's courage has made it appear, That the Don had ta'en the wrong sow by the ear."
Mr. MONROE'S Remonstrance.
REMONSTRANCE
Of the Minister Plenipotentiary of the United States to the British Govern- ment; communicated by the President to Congress.
No. 12, Great Cumberland Place, Sept. 23, 1805. MY LORD,
I FLATTERED myself, from what passed in our last interview, that I should have been honoured, before this, with an answer from your lordship, to my letters, respecting the late seizure of American vessels. I understood it to be agreed, that the discussion which then took place, should be considered as unofficial, as explanatory only of the ideas which we might respectively entertain on the subject, and that your lordship would afterwards give me such a reply to my letters, respecting that measure, as his majesty's government might desire to have communicated to the government of the United States. In consequence, I have since waited with anxiety such a communication, in the daily expectation of receiving it. It is far from being my desire to give your lordship any trouble in this business, which I can avoid, as the time which has since elapsed sufficiently shews. But the great importance of the subject, which has indeed become more so, by the continuance of the same policy, and the frequency of seizures which are still made of American vessels, place me in a situation of peculiar responsibility. My government will expect of me correct information on this point, in all its views, and I am desirous of complying with its just expectation. I must, therefore, again request that your lordship will be so good as to enable me to make such a representation to my government, of that measure, as his majesty's government may think proper to give.
I am sorry to add, that the longer I have reflected on the subject, the more confirmed I have been in the objections to the measure. If we examine it in reference to the law of nations, it appears to me to be repugnant to every principle of that law; if by the understanding, or as it may be more properly called, the agreement of our governments, respecting the commerce in question, I consider it equally repugnant to the principles of that agreement. In both these views your lordship will permit me to make some additional remarks on the subject.
By the law of nations, as settled by the most approved writers, no other restraint is acknowledged on the trade of neutral nations, with those at war, than that it be impartial between the latter; that it should not extend to articles which are deemed contraband of war; nor to the transportation of persons in military service; nor to places actually blockaded or besieged. Every other commerce of a neutral with a belligerent is considered a lawful commerce: and every other restraint on it to either of the belligerents by the other, an unlawful restraint.
The list of contraband is well defined, as are also the circumstances which constitute a blockade. The best authorities have united in confining the first to such articles as are used in war, and are applicable to military purposes; and requiring, to constitute the latter, the disposition of such a force, consisting of stationary ships, so near the port, by the power which attacks it, as to make it dangerous for the vessel of a neutral power to enter it. The late treaty between Great-Britain and Russia designates these circumstances as necessary to constitute a blockade, and it is believed that it was never before viewed in a light more favourable to the invading powers.
The vessels condemned were engaged in a commerce between the United States and some port in Europe, or between those states and the West-India islands, belonging to an enemy of Great-Britain. In the European voyage the cargo consisted of the productions of the colonies; in the voyage to the West-Indies, it consisted of the goods of the power to which the colony belonged, and to which the ship was destined. The ship and cargo, in every case, were the property of American citizens, and the cargo had been landed and the duty on it paid in the United States. It was decided that these voyages were continuous, and the vessels and cargoes were condemned on the principle that the commerce was illegal. I beg to refer more especially in this statement to the case of the Essex, an appeal from the judgment of the Vice-Admiralty Court at New-Providence, in which the Lords Commissioners of Appeals in confirming that judgment, established this doctrine.
It requires but a slight view of the subject to be satisfied that these condemnations are incompatible with the law of nations as above stated. None of the cases have involved a question of contraband, of blockade, or of any other kind that was ever contested till of late, in favour of a belligerent against a neutral power. It is not on any principle that it is applicable to any such cause, that the measure can be defended. On what principle then is it supported by Great Britain? What is the nature and extent of her doctrine? What are the circumstances which recommend the arguments which support it? For information on these points, we cannot refer to the well-known writers on the law of nations; no illustration can be obtained from them of a doctrine which they never heard of. We must look for it to an authority more modern; to one which, however respectable for the learning and professional abilities of the judge who presides, is, nevertheless, one which, from many considerations, is not obligatory on other powers. In a report of the decisions of the Court of Admiralty of this kingdom, we find a notice of a series of orders issued by the government, of different dates and imports, which have regulated this business. The first of these bears date on the 6th of November, 1793; the second on the 8th of January, 1794; the third on the 25th of January, 1798. Other orders have been issued since the commencement of the present war. It is these orders which have authorised the seizures that were made by British cruisers of the vessels of the United States. They too form the law which has governed the Courts in the decisions on the several cases which have arisen under those seizures. The first of these orders prohibits altogether every species of commerce between neutral countries and enemies colonies, and between neutral and other countries, in the productions of those colonies; the second and subsequent orders modify it in various forms. The doctrine, however, in every decision, is the same; it is contended in each, that the character and just extent of the principles is to be found in the first order, and that every departure from it since, has been a relaxation of the principle, not claimed of right by neutral powers, but conceded in their favour gratuitously by Great Britain.
In support of these orders it is urged, that as the colonial trade is a system of monopoly to the parent country in time of peace, neutral powers have no right to participate in it in time of war, although they be permitted to do so by the parent country: that a belligerent has a right to interdict them from such a commerce. It is on this system of internal restraint, this regulation of colonial trade, by the powers having colonies, that a new principle of the law of nations, is attempted to be founded: one which seeks to discriminate in respect to the commerce of neutral powers, with a belligerent, between different parts of
the territory of the same power, and likewise subverts many other principles of great importance, which have heretofore been held sacred among nations. It is believed that so important a superstructure was never raised on so slight a foundation. Permit me to ask, does it follow, that because the parent country monopolises in peace the whole commerce of its colonies, that in war it should have no right to regulate it at all? That on the contrary it should be construed to transfer, in equal extent, a right to its enemy, to the prejudice of the parent country, of the colonies, and of neutral powers? If this doctrine was found, it would certainly institute a new and singular mode of acquiring and losing rights; one which would be highly advantageous to one party, while it was equally injurious to the other. To the colonies, more especially, it would prove peculiarly onerous and oppressive. It is known that they are essentially dependent for their existence, on supplies from other countries, especially the United States of America, who being in their neighbourhood, have the means of furnishing them with the greatest certainty, and on the best terms. It is not sufficient that they be subjected to that restraint in peace, when the evils attending it, by the occasional interference of the parent country, may be, and are frequently repaired? Is it consistent with justice or humanity, that it should be converted into a principle, in favour of an enemy, inexorable of course, but otherwise without the means of listening to their complaints, not for their distress or oppression only, but for their extermination? But there are other inseparable objections to this doctrine. Are not the colonies of every country a part of its domain, and do they not continue to be so, until they are severed from it by conquest? Is not the power to regulate commerce incident to the sovereignty, and is it not co-extensive over the whole territory which any government possesses? Can one belligerent acquire any right to the territory of another, except by conquest? And can any rights, which appertain thereto, be otherwise defeated or curtailed in war? In whatever light, therefore, the subject is viewed, it appears to me evident that this doctrine cannot be supported. No distinction, founded in reason, can be taken between the different parts of the territory of the same power to justify it. The separation of one portion from another by the sea, gives lawfully to the belligerent which is superior on that element, a vast ascendancy in all concerns on which the success of the war, or the relative prosperity of their respective dominions, may in any degree depend. It opens to such power ample means for its own aggrandisement, and for the harassment and distress of its adversary. With these it should be satisfied. But neither can that circumstance, nor can any of internal arrangement, which any power may adopt for the government of its dominions, be construed to give to its enemy any other advantage over it. They certainly do not justify the doctrine in question; which asserts that the law of nations varies in its application to different portions of the territory of the same power: that it operates in one mode, in respect to one, and in another, or even not at all, in respect to another; that the rights of humanity, of neutral powers, and all other rights, are to sink before it.
It is further urged, that neutral powers ought not to complain of this restraint, because they stand under it, on the same ground, with respect to their commerce, which they held in time of peace. But this fact, if true, gives no support to the pretensions. The claim involves a question of right, not of interest. If the neutral powers have a right in war to such commerce with the colonies of the enemy of Great-Britain, as the parent states respectively allowed, they ought not to be deprived of it by her, nor can its just claims be satisfied by any compromise of the kind alluded to. For this agreement to have the weight which it
is intended to give it, the commerce of the neutral powers, with those colonies should be placed and preserved through the war, in the same state, as if it had not occurred. Great-Britain should in respect to them take the place of the parent country, and do every thing which the latter would have done, had there been no war. To discharge that duty, it would be necessary for her to establish such a police over the colony, as to be able to examine the circumstances attending it annually, to ascertain whether the crops were abundant, supplies from other quarters had failed, and eventually to decide whether under such circumstances the parent country would have opened the ports to neutral powers. But these offices cannot be performed by any power which is not in possession of the colony; that can only be obtained by conquest, in which case, the victor would of course have a right to regulate its trade as it thought fit.
It is also said that neutral powers have no right to profit of the advantages which are gained in war, by the arms of Great-Britain. This argument has even less weight than the others. It does not, in truth, apply at all to the question. Neutral powers do not claim a right, as already observed, to any commerce with the colonies which Great-Britain may have conquered of her enemies, otherwise than on the conditions which she imposes. The point in question turns on the commerce which they are intitled to with the colonies she has not conquered, but still remain subject to the dominion of the parent country. With such it is contended, for reasons that have been already given, that neutral powers have a right to enjoy all the advantages in trade which the parent country allows them: a right which the mere circumstance of war cannot deprive them. If Great-Britain had a right to prohibit that commerce, it existed before the war began, and of course before she had gained any advantage over her enemies. If it did not then exist, it certainly does not at the present time. Rights of the kind in question, cannot depend on the fortune of war, or other contingencies. The law which regulates them is invariable, until it be changed by the competent authority. It forms a rule equally between belligerent powers, and between neutral and belligerent, which is dictated by reason, and sanctioned by the usage and consent of nations.
The foregoing considerations have, it is presumed, proved that the claim of Great-Britain to prohibit the commerce of neutral powers in the manner proposed, is repugnant to the law of nations. If, however, any doubt remained on that point, other considerations which may be urged cannot fail to remove it. The number of orders of different imports which have been issued by government, to regulate the seizure of neutral vessels, is a proof that there is no established law for the purpose. And the strictness with which the courts have followed those orders, through their various modifications, is equally a proof that there is no authority for the government of their decisions. If the order of the 5th Nov. 1793, contained the true doctrine of the law of nations, there would be no occasion for those which followed; nor is it probable that they would have been issued: indeed, if that order had been in conformity with that law, there would have been no occasion for it. As in the cases of blockade and contraband; the law would have been well known without an order, especially one so very descriptive; the interest of the cruisers, which is always sufficiently active, would have prompted them to make the seizures, and the opinions of eminent writers, which in that case would not have been wanting, would have furnished the courts the best authority for their decisions.
(Remainder in our next.)
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