The National Register.
London, England, 1809-10-22 00:00:00

THE NATIONAL REGISTER.

OCT. 22.

new maritime Lyeurgas. If he, indeed, is to change laws at
his pleasure, all disquisition is needless; in the mein time,
however, we may just observe,. that this new code has
never yet been by him put in pracCce, although he wishes
to render it binding; upon us. Our limits will only permit
us to notice a few O'l' the passages of this curious produc-
tion ; we shall, therefore, conti:ie ourselves to ore point,
to shew that it is a tisAie of falsehood and Misrepresenta-
tion, too flimsy to impose even on those Americiim who
may wish it be true ; and adopt the new French mode
of giving Extracts with correseonding notes.
IN all her conquests, France has considered sacred
private property depositei in the warehouses of the van-
quisi,e.i state." This will doubtless be readily believed by
those whose warehouses have been emptied on suspicion of
their containing English goods !
If France nad seemd the monopoly of the seas, she
would have 7,ccumulated in her territory all the products
of the earth."—That she has not (folic so-is because she was
unable; but the Americans surely have not forgotten the
capLere of their vessels by her privateers, and the detention
ot their shipping, and imprisoumeat of their fellow-citi-
zens in French ports.
" Undoubtedly, if England had the dominion of the.
land, she would, as in the times of barbarism, have sold
the conquered, and distributed them as slaves."—This ob-
servation comes with a peculiar modesty from Vie slave of
that master who, in the year 1796, actually sold the Aus-
trian prisoners to the Spaniards for their mines; and of
whom upwards of four hundred were liberated from Ge-
noese vessels, by the squadron under Sir John Jervis,. then
off Toulon ! -
" The right, or rather usurpation• ofblockadihg rivers
and coasts by proclamation, is palpably coiitrary to reason..
and equity ; —yet Napoleon thought proper to declare the
whole of Great Britain in • a slate "of blockade, at a time
when we confined ourselves to a partial and actual exercise
of the right.
A place is not 'properly blockaded, unless it is besieged
by land and water."—lt this be correct, then there are many
places which can nover be blockaded at all ; for an island
cannot be blockaded by land, nor an inland town by water..
in the great republic' of Many nations, it is not to be sup-
posed that express and positive laws can he made, as in a
single nation ; therefore the law of nations Must be a law,
in many instances, depeading on analogy and reciprocity,
as well as on the strict letter of tactics. It happens, how-
ever, that the question of blockade is strictly defined in the
treaty of 1725, between Spain and Austria; a treaty guar-
anteed by many of the European powers, and acknowledged-
by all ; and this treaty expressly says, 46 that no seaport
ought to be deemed to be actually besieged, unless it be so
shit up by two ships of war, at the least, in the sea, or
(not and according to the Napoleon system) by one battery
of cannon, at the least, on the shore, as that its entrance
cannot be attempted without being exposed to cannon
shot."—And further, the armed neutrality of 1780 had for
the basis of one of its demands, " that to determine what
is meant by a blocked up port, this is only to be under-
stood of one which is so- well kept in by the ships of the
power that attacks it, and which keep their places, that it
is dangerous to enter into it."—Such were even the princi-
ples of British practice, until retaliation became ‘ecessary :
now, thank God ! we • are enabled to retort 'the tyrant's
violence by a cool exereise of our power, and to contro-
vert his new fangled doctrines by a dignified recurrence to
British principles.

A fall in the price of corn is expected, we are confidently
assured, owing to the large qtrantities expected by license
from France. Certain Commissioners who were buying
up corn in Cornwall, for Bristol, have, in consequence,
received orders to stop their purchases; and even to dis-
entangle themselves from all such engagements as may
aut have amounted to actual contracts.

FOREIGN INTELLIGENCE.

FROM THE FRENCH AND DUTCH PAPERS.

NOTES FROM ?HE MONITF:CR.

The hfoniteur, of the 9th of October, contains some re;
marks, in the shape of notes, on the observations of an
English Paper, of the 13th Sept. relative to the conduct of
Lord Wellington in Spain.
English Paper. —" .We have said, that in a military point of
" view the movements of Lord Wellington were regulated by
" his own choke."

Note of the ;lioniteur.—Lard Wellington has been very fortu-
nate to reach the banks of the Tagus, to be able to rover himself
by this river, and thus escape total destruction ; but that his re-
treat was regulated by his own choice, is a thing H kh can only
be said in England, and will be believer no where. WI!). then
did not Lord Wellington retire by Placentia, where his- inaga-
zines were? At least, why (lid he not pass the Tagus over the
bridge of Almaraz ? Why did he pa,s that river by the bridge
of Arzobispo, whence he made his retreat over difficult moun-
tains, and by scarcely practicable roads? Certainly suzli a re-
treat as this could not be a voluntary retreat ; and Lord Welling-
ton, unless we suppose him actually insane, could not have taken
that direction of his own choice.

" Lord Wellington preserved, during ten days, a position in
" which the French troops, had they thought themselves strong
enough, might have attacked our arm), aud left it no other
" means of escaping nut victory."
.Note.—This is a very singular assertion, when, according to
the noble custom of the English, Lord Wellington had abandon-
ed the army of Cuesta, who had been beaten on the Tagus, and
lost 35 pieces of cannon, and all his ammunition. The writer
asks why the French did not pursue the English army. They
did pursue it; fqr they came up with the rear guard. This rear
guard, it is true, was composed only of the troops of Cuesta;
but they were there as allied troops, and made a part of the pur-
sued army. The French, too, destroyed that portion of this
army which they overtook. Two things certainly result ft4im
this; first, that the rear-guard of Lord Wellington was destroy.
ed, and secondly, that Lord Wellington having to givt7 the post
of honour either to the English troops, or those Spaniards of
whom he speaks so ill, determined in favour of the Spanish
troops. The post of honour in an army is that which is
nearest the enemy. When Francis I. sent to re• demand the
sword of constable from the Constable of Bourbon, the lat-
ter replied, " The King took it from me on the day when he
gave the command of the advanced guard to the Duke of Alen.
con." Lord Wellington had not the same sentiments with the
brave chevaliers of those times. He itles not pique himself on
keeping for himseif the post of hotoply ; he gives it up to his
allies. The French, after having 1)(,,n his rear guard, might
have entered Portugal; but they cid nut wish it because it was
then the month of August; because the climate is fatal at that
season : because only madam such as thcsn who direct the
English Government, would, in the months of August and Sep-
tember expose au army to perish in the marshes of Walcherent
or in the sands of Est wanadura,

." It is certain that he W4s deceived in his expectation of find-
" kg provisions, and the means of conveyance. The charge of
" want of foresight made against Lord Wellington falls of
" itself."

Nule.—The pretext of wanting provisions is always the ex-
cuse of Generals who are beaten, or who are rendered unable
to do any thing. Would not one suppose Lord Wellington com-
manded an army of 300,000 infantry, and 40,000 cavalry ?
When a General has an army so considerable, the procuring of
provisions may give him some trouble, hut cannot absolutely
stop his progress. Can it he believed, that nu army or 26;000
men conid not find subsistence in a country where towns are so
numerous? Such on army is.only a stnnidivision, which a sin-
gle town of Spain eauld maintain for two months. Besides, if
Lord Wellitwen was oa.!a”, wit 1 retilked to the subsistence of
his army, wby did he aNandon his magazines ? His line of ope-
ration and his magazines were upon and at Placentia—why did
he suffer Placentia to be taken ? Why ? Because this General
of Sepoys had the impru knee to advance to the very
middle of Spain, without knowing either what --
before him, or what upon his flanks. We see,
patches, that he sometimes believed that the Duke of
had but 8003 men, and sometimes that he had 10,000.

these false stippoiitions, he had proposed to divide

force wilt
by his dia•
Dalmatio
100. Under
his forces,

to go and attack the Duke of Dalmatia ; when all on a sudden,
and too late, he learned, that this same Duke was advancing
upon him, with a corps of $O,OOO men. He then fled in-the
utmost baste, and he was in the right. Had he been amused a!
Talavera, insiead of being attacked, and had not particular
and local circumstances permitted him to pats the Tagus. and
escape by sacrificing the corps which he left behind him, not E
soldie, of his army would have again seen England. Ifeset
there was a General wanting foresight, it is certainly Lot-
Wellington. If he should lung command the English armies
we may flatter ourselves with obtaining great advantages from
the brilliant combinations of a General so inexperienced in the
trade of war.
°‘ We are told that the French have a numerous flotilla under
" the protection of the batteries of Lillo; if they should dart
" to come forward, we shall, no doubt, give a good account or
1' them."
Note.—What a prudent resolution.! We should be very
?nappy, should the English establish themselves in the Island of
Walcheren, in order to retain it. When we choose to drive
them nut, we can do it; and then it will not be a simple garri-
son of 2 or MOO men who must lay down their arms, but an en-
tire corps of 15 or iO.OOO.
English Paper—Pas.age in n letter from an Officer at Flush-
frig—" I saw in c. waggon 16 officers of the 69th regiment, suffer-
ing under this cruel disorder."
Note—lf the malady which affects the English army were thu
consequence of laborious marches, the great fatigues of a long
campaign, or of some unforeseen causes, the English soldier-
might to support with courage the evils inevitably attached to
the noble profession of arms. When maladies are a scourge of
the ditnate—w hen it is known to the whole world, that to send
stn artily to the isle of Walcheren in the months of August, Sep-
tetnber, October, and even half of November, to expose it to
certain destruction—'% hen it is only necessary to consult the
sielnest of the fishermen of the Scheldt, to learn that dysente-
ties, hospital disorders, pernii•ions fevers, and even the plague
itself arc less dangerous than the maladies which prevail in the
Ile of Walcheren at this season of the year, we cannot but pity
the fate of the English soldiers. The frantic, ignorant, or cri-
minal men, who have thrown so many brave fellows into certain
danger, deserve not only their animadvertions, but that of the
generous of all countrie.

7 ETTER FRO 37 ?TIE MINISTRR. FOR FOREIGN' AFFAIRS TO
nv.N Tilt A ARMSTRONG. MINISTER PLENIPOTENIIA RY
?ROM THE UNITED STATES OF AMER/CA.

" A LTLNEURG. Arr.. 22.

" Spa,—Being informed that you a re about to dispatch a ves-
sel for America, his Majesty lia.s charged me to make known to
'you the immutable principles which have regulated and will
continue to regulate, his conduct as to the grand point of diirer-
ence respecting neutrals.
" France admits the principle, that the flag protects the
ierehandize. A mer,:hant ve,.zel having a clearance from her
GovermneL!, ought to be considered ri a floating colony. The
violation of such a vessel by searche, prosecutions, and other
acts of arbitrary power, is a violation of the territory of a en-
lotw, and an attack upon the independence of its Government,
110.! seas bclong exclusively to no nation; they are the common
property of tates, toe domain of all.
" Merchant vessels of an enemy, being the property of pri-
vate individaals, ought to be respected; private individuals
ho take no share in hostilities, ought not to be made
prisoners. In 1111 her conquests France has respected pri-
vate property. Warehouses and shops have been left in
the possersion of their owners. They have been permitted to
dispose of their tuerchandize, as they thought proper; and at
this moment there are cargoes, particularly of cotton, passing
in waggoas through the French army, and through Austria and
Germany, to proceed to wbatioever destination commerce may
hssigo them. If France had adopted the practices of maritime
warfare, all the merchandize of the Continent would have been
accumulated in France, and often have constituted a source of
incalculable wealth.
" Such would undoubtedly have been the assumptions of
. . . .

rectum, %mild have given the first example of reuew ing the
practices of the barbarous ages. That Government is well
aware of the injustice of its nu_ritinte code. But what does it
heed injustice? Its only inquiry is what is useful ?
" When France shall have acquired a naval force propor.
ionate to the extent of her coasts and her population. tile Em-

eror will gradually reduce these principles to practice, and
exert himself to procure their general adoption. The right, or
taller the assumption, of blockading rivers and coasts, by pro-
lineation, is equally insolent and absurd. No right can possibly
spring ant of the mere will and caprice of one of the interested
oarties, but must originate in the actual nature of the things to
%hid' It belongs. No place is properly in a state of blockade,
out when it is invested by land and by water. It is put under
blockade, to cut off all means of assistance by w high the sur-
render may be retarded ; and in this vise only pecrues the right
of preventing neutral ship. from entering it ; b.e/-aese, the place
o alacked is in danger of being taken, an-I the don) nion of it
is undecided, and still in dispute, between the Commander
f the town and those who blockade or invest it ; and from
this arises the right of prohibiting neutrals from entering the
place.
" The sovereignty and independence of the flag, like the
;overeignty and inilependence of a territory, is the property of
all neutrals. A state may surrender itself to another, divest
itself of its independence, and undergo a change of So‘ereigns
gut the rights of ,overeignty are indivi ihlr and unalienable;
the smailest particle of them cannot he ceded.
" England proclaimed France in a state of blockade. The
Emperor, by his decree of Berlin, declared the British Is'ands
to be in a state of blockade. The former in-asure excludes
neutral vessels from France; the latter prohibits them from
going to England.
" England by her Cabinet orders of the Ilth Nov. ISO?, laid
tax upon neutral vessels, and compelled them to enter her har-
before they can proceed to their place of destination. By
toe decree of the 17 rh of Dec. of the same year, the Emperor
declared all such vessels denationalized, whose Hag is violated,
insulted, and trampled upon.
" To protect herself against the spoliations, wherewith such
a state of things menaced her commerce, America laid on :In
embargo in her harbours; and though France, which had only
exercised the right of retaliation, was aware that her own in-
terests, and those of her colonies, must suffer from such a mea-
sure, yet the Emperor applauded the magnanimous resolution of
renouncing all commerce rather than acknowledge the sove-
reignty and tyranny of the seas.
" The Embargo has been taken off, and a system of exclu-
sion has been substituted far it. The Powers of the Contineet,
in alliance against England, make common cause; they have,
the same object in this war; they must reap the same avail.
; they must also run the same risks. The pores .f Holland,
the Elbe, the NVeser, Italy, and Spain, will eirjoy no advan-
tage of which France would be deprived. They will all of
them he open or shukat the same time, with regard to any com-
mercial intercourse with them.
" Thus. Sir, in point of principle, France recognizes the
freedom of neutral comm rec.., and the independence or the mark
time powers, which she respected up to the moment when the
maritime tyranny of England, that respects nothing, and the
arbitrary proceedings of its Governmeut, compelled. her to adopt
measures of retaliation, to which she resorted with regret.—
Let England revoke her blockade of France, and France still
resat her declaration Of blockade against England. Let Fng
land revoke her Cabinet Orders of the I 1 th November, WI
and the Milan Decree will expire of it'elf. The America*
commerce will then recover its complete freedom, and he assured
of finding in the harbours of France favour and protection. gut
it belongs to the United States to attain this Inuppy object by
their firmness. Qin a nation, resolved to remain free, hesitate
between certain momentary, interests, and the great cause of
maintaining her inde,,pendeuce, her honour, her tiovereignty, and.
her dignity ?"

nussiA.
TO THZ CIVIL GOVERTfOR. OF LIVONIA AY9 ACTUAL COUN.

, • - —r,
land had the English_ possessed the came superiority by laud, SELLOIL or STATE. ,
which they have at sea. AVe should, as in the times of barbarism, "On the sth of this month, a treaty of an eternal peace he,
y • been tit,, ancluislted sold as slaves, and their 'lauds divided tween Ittlisianad Sweden was concluded, and sieved at Frederic-
' .. ...•. - , ors. Mercantile cupidity %you'd have engrossed shamn, by our Minister Plenipotentiary Coma Romanzow, and
a Government4.l..„,-.
.. of An enlightened
. nation, that Baron Stedingk
.on the part of Sweden. All the proposition* by
.7% . • • . ,
ge)).47 111 .i - ' .., civilization to the highest pitch of per- us: made with regard to the said peace have been accepted, and
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