The National Register.
London, England, 1809-05-28 00:00:00

TIIE NATIONAL REGISTER.

346

the iutti,er bank—the bridge was of course destroyed
the Engi sit Army, therefore, was ou the side of Coimbra,
the FreaLb on that of Oporto.

On the following day, Sir A. WELLFSLEY passed the
River, an.l another battle took place. The French main-
tamed the conflict with much bravery, and kept their
grinit,d, till General having crossed the river from
Coimbra, appeared on their right flank, whilst General
SHERBROOi%F., having passed it at Oporto, shewod himself
on their left: these motions determined the action—the
French fled in confusion, and left the English in possession
of the field and town.

General :.TEWAKT now completed the victory by an ir-
resistible charge on the enemy's rear by the British horse.
The result was, that dispersion was added to defeat.
The immediate fruits of the victory will be seen in the
G,,zetie. We have lost some Officers and many men, and
General PA,Ii-;T has lost an arm.

This victory is rendered inure important from what must
necessarily be its consequences, than from what has for the
present occurred. The i:ecessary consequence must be—
that SoULT and his Army will shortly VISIT ENGLAND.
Subsequent Accounts lave been received of .the relative
state of Marshal Sots 4-r and Sir .Auuxua WLI.LESLcv.

By an arrival at Falmouth, from Portugal, advices have
beer received from Oporto of so late a date as the 19th
inst. The retreating enemy, as we have already state!, had
spiked their artillery, and destroyed every thing that could
retard their flight. Sir 4. WyLLtsLity (who left Oporto on
the 13th, and had reached Braga on the 16th) was however
so close upon the rear of the fugitives, who were directing
their flight towards Gallic:a, while General BERESFORII,
with the Portuguese army, was hastening to cut them off
from the route of Chavcs, that there is every reason to
hope the remains of the defeated enemy have ere, this been
either taken prisoners or entirely destroyed. The loss of
Marshal SOULT in the battle of the 12th was immeim. His
army consisted 0125,000 men, and the fugitive remains are
said to consist of not more than 6000. The Nautilus and
Niotie frigates are arrived at Falmouth and Plymouth.
The former left Oporto on tlr ISth, the latter sailed from
Lisbon on the 19th. The Lisbon accounts state, that Gen.
HILL had fallen in with a detachment of Soy LT'S artuy,sooo
.pti-ong, which he defeated, having killed 500, and taken
1000 prisoners ; hut th:s, in all probability, relates to the
action of the 12th on the Douro. Sir A. Wi!.;I4I.ET was
very close upon Marshal SOU LT, and no doubt was eater.
tained of his completely succeeding in the object of his pur-
suit. So little apprehensive was SOULT that our brave
troops would attempt to cross the Douro in his frog!) that
he ordered his diaucr, intending to remain in his position.

It will be seen in another part of our Paper, that in the
beginning of the week Government received dispatches from
Mr. Eftslc s in America, the substance of which was that he
had concluded an amicable arrangement of all existing diffe-
rences with the A inerican Governmient, and that in conse-
quence the English Orders of Council were to be with-
drawn on the loth of June, and the American Embargo on
the same day. To the surprise of every one, and to the
bitter disappointment of the mercantile world, govern-
mrnt have refused to ratify this act of Mr. EaserNE, and
every thing lids hs consequence been thrown into greater
(I';.4,Her than ever. Mr. EftsiCiftZ is stated to have ex-
f- ,`,IC I~.k coinfoiveion. Having considered this question

MAY 28,

in full detail in another part of our Paper ; vice shall say
nothing farther here. There have been since severa'
Meetings of tile Merchants concerned in the American
Trade, and in consequence of their earliest reinonstrwices„
the Gazette of last night contains an Order of Iguncil,
which after stating the present relations between England
and America, and disavowing Mr. ErskinesAct„ provides,
that all vessels which may have left America wider the
faith of that agreement, between the 19th of April last,
and the 20th of July ensuing, shall not be molested or in-
terrupted by the British cruizers, but in every respect shall
be considered as having sailed with a British licence.

A very animated debate took place on Friday night in the
House of Commons, on the committal of the Bill introduced
by Mr. CIIIIINVEN, for the punishment of bribery and cor-
ruption, and for imposing an oath on the Members as welt
as the Electors. The motion fur the committal was very
warmly contested, and in the course of the speeches some
very extraordinary confessions were made. It appears by
these avowals, that in the words of fluaxl. TOOK E, " Seats
are usually bought and sold like stall; in Smithfield ;" that
the Treasury possesses a certain number of boroughs, which
it considers as itsexclusive property, and in every Parliaf
meat, puts up a kind of private auction amongst its im-
mediate dependents. It does not appear w hat becomes of
the money which the Treasury thus receives for the Sale of
its boroughs, whether it is distributed ainoirc;st the Electors,
or whether it is employed in the general purpose of pro-
curing returns of favourite Members in other places, less
immediately under Government-in thience. If employed in
the first purpose, it is used in direct corruption.—lf in the
latter, the corruption is less direct, but not less mischievous.
—Mr. IVIN IMAM'S argument is rather of a curious nature.—
It is in substance,—that the bribing of voters is a maturn
prohibitum, and therefore that it cannot be defended ; but
that it does not thence follow, that the paying for seats
is corrupt. That morality has nothing to do with the
matter. That the one is wrong because prohibited by
law, but that the other not being so prohibited, is not
necessarily wrong, Now, surely th:s kind of argument is
hut the merest sophistry, and such, as in grave affairs,
should never be introduced into debate. Mr. WINDHAM
need not be informed that there arc two kinds of defaults,
—the maiuln prohibit= and the malum in se. The paying
for seats not being prohibited, is clearly not a malum pro:
!libitum, except in so far'as where the law prohibits the end,
it must be presumed to prohibit the means. The purchase
of seats, however, even in this point of view, is Certainly
contrary both to the letter and spirit of the constitution,
and, therefore, contrary to the common 14w, which inu.c.t
always be interpreted as supporting the CenstitutiOn. In
the other point of view, no one, we thigh, will venture to
deny, that the purchase of seats, the temptation of elec.
tors, is a malting prohibitum, a direct. and absolute partici-
pation in the crime of corruption. If in all other cases
the receiver is as bad as the thief, why should not the pure
chaser stand, al Mast in some degree of participation with
the seller. As to Morals having nothing to with lithe
question, it is so far true, that the House of COMMOUS are
not to consider the mere morality of an act, but when the
act has practical effects, and a palpable public mischief, it
ceases to be a mere moral question.

The Foreign Papers which arrived yesterday, have
brought the following Article :
H•unvuon, MAT 19. A formal Declaration of War, by
the Russian Court against Austria, has just been published.
The Court of Vienna is gone to Offen.
This is a further proof of the servility of the Emperor
ALEXANDER•

His Majesty has been pleased to recommend the Bishop
of Bangor, to be elected Bishop of the See of London, vote
by the death of Dr. Beilby Portals.

MAY 128.

COURT ARTIA LON B -111 ILZAL LIAR

Mouidav, the Court Martial the condocz of ftear-Adolint•
]Bail Harvey co.timen('t.,l 111 Portsto,,utit 0:1,1)0!tr, On t)0,1111
Alaje,ty's iladiat•)r, paAt flint, o'clock. the
her, the 04.1,11 u ere al, f,6!0t% -

.A(1001.0.; `;ir lI.OGLIt. CURT IS, Pre ident.
Athairal fl 0 1.1.0 v; t Y " Ad SUTTON
Sir .1. T. i)ucKwonTit Urn A Y
Sir 11. E. STANHOPE ilOrs. Captain N. K. LEGGE
DOUG'. :1S Cap:. I;I:1:1:SFORD
11 :.% N AMARA.

The hilte. A.lvecate reatl the ori!or of requisition, urtlei
which the (:o,irt..llarti:,l which stated two letters, at:-
etre.„etl, to the NV. P 01.., S‘cretary ;o the Ad:tier:tits,
(;,tto bier, both tinted 0,1 .w.ll the Caledonia, in Ll'a,.•-
(pe ltoaa., 4t •i A orit, w hole of w ti-.ch will be
fdittid iu Looril

VI:: Court, and t utlge Ad vomte, rre then sworn.,
Lord (Limn' r n examined.

(1. On what part icuiur duly %vat.: your ImM:ship's fleet on the
3il of A Nit lust —A . am ploy cd i bl ockad ing the enemy's flee:
anchored in the Isle of Ai v. Q. Did your I.ordsli!p reveivr
()rile's; to employ Loaf Cachrane of his Majesty's ship Elope-
ciec,e, iu thn alteutpl to destroy the eta 's fleei iu Bastin:.
Itaad-: and oil vv hat &iv did )oor Lordship receive such orders ?
--A. I did receive such orders, I think, on the '24 and 3,1 of
April ; bat I mania speak pcsitivel.- as to the day. Q. 1);:::
)our Lordship, in caasegurnee of that order, issue trey mai
Iv hat directiuns to the ret-tenure Captains of the Fleet, ihrou,:zh
the inedium.of the Admirals of Division. on the subject of that
service I issued orders to the Flag-Oficerii- Q.
pleased to state to the Court all that passed between you.
I.urdship and the Rear- Admiral on the 3d of April.—A. Having
detailed the circumstances that le:I to the unpleasant interview
had w Admiral Harvey, in w hich be offered me an insult in
any capacity its Conanauder in Chief of the Mantel Flee.,
which I could not pass over, consistent vvs:;f that discipline
hich it wrt ta., duty to tx.it port and enforce ; on the faieflioial
01: the 3,10 f Aprii, Admiral .tiarvey came on board th, Caledo-
nia, and in my cabin, no other perso!t being przsent, informed
me that in consequerice of the :irders 1 hail issued, calling upon
the officers and scarteu of the fleet to votunteer their services in
ihe fire-ships that wcre preparing, there were several officers on
board the .finmant ready to underiakr • that service ; and Ad-
miral Harvey **tiered himself to me 'for the direction of it. 1
ta,foeined Admiral Ilauvey that 1 hadreceived the directions of
the Lords Commissianers of the Admiralty to employ Lind
Cochtaae to coanuct the eaterprise of the fire-ships upon which
Admiral Harvey declared to me, in a high toae and disrespect-
ful manner, that if lit' was passed by, and Lord Cochrane or any
officer juniar- to him (Admiral Hat vey) appointed to that ser-
vice, in prefereace to him, he should immediately desire to
suite ih.a tl.t, awl resigu his commission. I infarmed Admiral
Ilarvev, that I should he sorry he should take so strong a meat-
same ; and that I had received orders from the Admiralty to em-
ploy Lord Cocitrane, and that I could not deviate from them.
Upon this, Admiral Harvey, in a vehement insulting mariner,
said lie had bee:: neglected to his former services by myself,
w hen i lield.a seat at the _Admiralty, and by other Members ot;
the • Board of Admiralty, and had not • been rewarded for the
tiVE% ice:: lie had performed. Admiral Ilarvey added, in a man-
ner very offeasiv e amid contemptuous tt me, that he was sure I
had written to the Admiralty to propose or recommend some
o.ficer junior to him to supersede bitn in the execution of any
bervire that Might be undertaken by his Nti.jesty's fleet in Basque
Roads. Ohserving Admiral Harvey's warmth, I aVoid,al saying
any thing that might give the lea.a offence, or increase his'
tation, but calmly told him that I had out taken such a step ;
that I had made a private communication to Lord Mulgrave,
forming his: that the enemy's ships ill Aix Roads lay much ex-
posed to the operation of 4re ships; and that no doubt many
volunteers might be found to undertake the service, without
mentioning. any person to conduct it ; W11:01 the iteAr Admiral
by his manner and couateatawe treated with contempt, and said
he should bring me to account fur mny conduct, hut that this was
not the proper time or place for it ; atrl lie said, in a most con-
temptuous manner, that lie despised the meannthS of MN sending
a commouication to the Admiral!) from the Acting Master of
the Tonnant, for a Court Martial on the {tear Admiral. i :oust
nlrwrve that I had used all the mean h. any plll%et lu i:C(APa-
pdati: the diff:rence belts Ceh Adillifal Hat re; an 1 the Actieg

247

I tivma;ltt rat;,,-1 ir,e ed t;ie ackaavvled.4ment
of the Iti.!!r Admiral.

Presideni.- -VA ill your Lordship all :!s me to ask fur the pre-
eke words ut A,l#,iiral Harvey Gambier. I have gßen
preci,e wocii- as Car as I eau recollect. I wish to speak hi
aeiki A% as t enzi recollect.

itwan this. When the word reproach or
co.:lt-11w is used, we cs to know the precise terms of th•tt re-
dra-,ch or cimicinpr.--Lord Gambier. Admiral Harvey re-
nacitcd me with not confiding in hitn, tha, I confided in sir
John Duck‘lorth, hut never confided an ruing to him. Ad-
milli' Harvey said he niWered from me in respect to my conduct
and management in the command, and could impeach me of nits-.
candoct add •bad management ; and in the same insulting man..
oer said, Ihot he offered himself to go in In,. "f mutant, or any
,14 rotten zhip, to board the enemy's three-decked stop. To,t,
corsider,dl in no °the:• light than an insult to me. He shortly
after w.,,ds %.cnt on the quarter-deck where I was informed—

President.-1 believe you onw.t stop thete,—Lord
,itoold have been extremely happy to have accepted Ad-
iral Harvey's apologies, and not to have brought the matter
:tell.. Q. Did Rear Admiral Harvey tay any tiling about your
laving endangered the fleet more than once ?—A. He never said
any thing to me upon the subject of that expedition.
Q. Did Admiral Harvey arrootpany his iasul;ing language to
your Lordship with any, anti %%hat gesture ? A. No mote than
expressions of anger and heat in his countenance, and by
t,,..asionally lifting his hand in a way I thought an insulting

President —Admiral Ilarvey, you are at liberty now to 4:sk
aqy que!-ti4o of Lord Gambier, derivable fium the account he
hiLi given.

Lord GAMBIER examined by Admiral HA RV 1.: Y.

Q. Did your Lordship ever officially communicate with me
;he Subject of attacking the even) %. in Aix It!oadsl--A. ir.►d
conversation with Admiral Ilarvey on the practica.iiility
of the attack, and 1 stated what his opinion was in my forego-
infr evidence.

Q. Does your Lordship know that I have offered to make any
apology for the expressions that escaped me, that became a man
;if honour ?---A. I certainly do know it; and should have been
most happy to have accepted of it, had it been coihistent with
my du;y to my country, to my profession as a nasal oitiefr, and
what I owe to the public character that I held as Commander
in Chief. For I must state that I bear no personal emnit) or
resentment to Admiral Harvey, for his Conduct.

• President.—My Lord Gambier, you are at liberty to with-
draw.

Sir HARRY BURRARD NCA LE examined.

Q. Were you on board the Caledonia, on the 3d of list month ?
—A. I was.

Q. Do you recollect Rear-Admiral Harvey's coming on board
the Caledonia on that Jay, and after having an interview t. ith
the Admiral, in his cabin, coining into your cabin ? -A. I do,
Q. Be pleased to state to the Court what the itear-Admiral
laid in your presence, re,pecting the Commander in ('ilia*, :ma
the manner in which he expressed himself.—A. 1 was convers-
ing at the time with Lord Cochrane is my cabin, when Admiral
Harvey came in. and addressing himself psiacipally to Lord
Cochrane, said, after expressing his 4; isa ',probation of hein4 bent
on the service, that it was his itntersniatiou to strike his flag as
soon as it was executed. Ile then w ith great vehemence :lad Fa_
pidity of expression, said, that Lord Gambier was a man unfit
to command the fleet ; that he had never seen a fleet so ill con-
ducted; that since he had taken Quebec, he never saw a Hata
• 0 unfit for the service; that histead of beading boats to sound
about the channel, which he considered the best manner ok• at-
:acking the enemy, he had employed himself, or amused hisw,eir,
with murtering the ships companies; that he had not taken paws
to ascertain whether the enemy had piacea any bomb in fitutt
of' their line ; that if Lord Nelson had been there, he would net
nave. anchored in Basque Bonds, bat have dashed at the enemy
at once, or words to that effect ; that he had spoken his mind to
the Commander in Chief; that Lord tiad receht,i•
him very coolly after the battle of I'r.a.klor, and had used him
very ill, in having transmitted the Master of the Toanank's let-
ter for a court-martial uppit him. •
-vQ. What were the, words used by Admiral... Harvey to Lord
Cochrane, expressive of his .111tapprolbotioo of his Lur t t
bier's) conduct I—A. Whco he ease into Cabil),• 111, cm up
and shook hands with LAO Cochrane, aistirisikt htas t 14:, ko
Ita‘e heel) very happy to hav,e 4,414,444u+ 44oiginv 1;4;11'1; 11%,
ire...ent 4 :liat; his (Lard Cochane't..) beiqz orri.-:eft ti)
eke:Ults the icy; i;7e a.: t:to, casic!!, o :,:; 11,,,;!1 • •