Star.
London, England, 1808-05-19 00:00:00

ORDERS IN COUNCIL.

Mr.TIERNEY complained of the hardship sustained by those
persons who were obliged to attend, day after day, as witnesses,
and who did not know when their examination would take place.
t le moved, that Thursday next should be positively fixed for that
purpose.
Mr. MARRYAT considered the delay as occasioned, in a
great degree by the conduct of the Right Hon. Gentleman, who
11.4 moved, that those persons should be examined, and after-
wards postponed the examination.
A conversation then took place upon Mr. Tierney's motion,
fixing the examination of witnesses for Thursday next. Some
Gentlemen seemed to wish that the persons should be then called
in and examined; but the Speaker informed the House, that he
had made inpsiries, and the persons were all gone.
The maminatinn was then fixed for Thursday next.

PUNISIIINC OF CRIMES.
Sir SAMUEL ROMILLY rose, agreeably to no-
tice, to move for leave to bring in a Bill for repeal-
lag certain parts of the Criminal Code of the Country,
by which Capital Punishments were inflicted—and
also for granting Compensation to persons who had
suffered by the preferring of accusations against them,
and who were latterly found innocent. In submitting
this motion to the House, the Hon. Baronet expressed
his consciousness of the danger of innovating on the
established Criminal Law of the Land : when it was
considered, however, that the extent of punishment
to be pronounced had by no means so great an effect
in preventing the, commission of crimes as the cer-
tainty of the punishment being put in execution, he
felt conscious, that in the motion he had to submit,
be should give increased effect to the Criminal Law
of the County'', by diminishing the number of of-
fences in that very part of the Code which it was his.
Abject to change from a capital punishment into one
of smaller magnitude. The part to which he meant
to confine his attention at present was that which re-
garded privately stealing, and stealing to a certain
value. e indulgence arid humanity of Juries in
this respect, was often so great that we frequently
saw them committing what Sir W. Blackstone justly
called pious prejtulice, in valuing property, in many
:nstailces, at the fifth part of what they must be con-
ariaced was its worth. 'l'o liberate them from this
unpleasant feeling, and at the same time to assure
persons guilty of such offences, that the punishment
attached to their offence would unquestionably be in-
flicted, for this purpose he should move, That the
Statute of the Bth of Elizabeth, Chap. 4, the severity
and absurdity of which were such, that it was asto-
nishing it should exist at this moment, be repealed,
and more adequate and rational punishments be in-"
flicted, lie was aware of the necessity of making
any alterations in the Criminal Law of the Land gra-
dually, and with caution. This, therefore, was the
finly alteration he should at present propose to intro-
duce, except a provision for granting some Compen-
4ation to persons who might have beep unjustly ac-

cased, confined probably fur four or six months, and
obliged for their defence, and for their subsistence in
prison, to dispose of the few articles of furniture, or
even f clothes, which they might have possessed.—
W hen we saw persons in consequence of false charges
reduced to this situation, and their families, in all
probability, reduced to ruin, was it not surprising
that no compensation had yet been devised for such
occurrences ?—I-le was aware that there was a diffi-
culty in preparing an adequate remedy to suit every
case of acquittal. Many men might be acquitted of
climes of which, notwithstanding, it could not be
said they were innocent. A person might think he
had been robbed by his servant, and that servant
might be acquitted, but yet was there a man who
would say, that from the circumstance, he should be
restored to his service ?—He might be acquitted from
an accidental defect in the indictment, but it would
_ _

be absurd to say ;that:, because he had been acquitted,
he must be temunerated, while no opportunity had
been afforded of deciding, on the merits of the case.
The recompence he proposed to persons in thissitua-
tion should be paid by the treasurer of. the county;
and to render it subject as little as possible to doubt,
whether the person acquitted was entitled to any re-
muneration, •on the head of his innocence, he should
propose that the Judge who tried the case, and to
whom it at present belonged to say if the prosecutor
was or was not entitled to his costs, should also have
it in his power to say whether the person acquitted 4
should or should not receive a recompence for the loss
he had sustained. He concluded by moving for leave
to bring in a Bill for repealing so much of the act of
Bth of Elizabeth, chapter 4th, as takes away the be-
nefit of clergy from offenders guilty of stealing pri-
vily from the perion of another.
Mr. HERBERT seemed to doubt of the utility of
the Bill. _ _ _

Mr. WILBERFORCE said, if there was any one
subject which commanded his support, and entitled
the Hon. Gentleman to his thanks, and in his opinion,
to the thanks of the House, it was the present motion,
from which he was convinced most beneficial effects

would result.
The SOLICITOR GENERAL professing, as he
felt, the most unfeigned respect for the ability and zeal
of his Honourable and Learned Friend, who brought
forward the present motion, was by no means satisfied
that it would produce the benefit expected from it.—
He was not, indeed, prepared to say whether the
good or evil it might produce were likely to prepon-
derate. In this situation he should only lay in his
claim to approve or disapprove of the measure, as,
on more mature reflection, he should be of opinion it
merited. He rather, however, was of opinion, at
present, the measure would be found impracticable in
its execution.
Sir FRANCIS BURDETT felt himself bound to
pay the tribute of his testimony and approbation to
the ability and motives of the Honourable and Learn-
ed Baronet, by whom this motion had been made.—
Part of it, however, appeared to him to be so contrary
to what he had always understood to be the Consti-
tutional principles of this country, that he could not
sit still in the House, and, by his silence, seem to
give a tacit acquiescence in the propriety of the pro-
position. He thought it his duty, therefore, to say,
from what he had heard, he was by no means im-
pressed with a favourable opinion of the B:11 pro-
posed to be introduced. It was to his mind a grievous
consideration, that after a verdict of acquittal by a
Jury of his country, it should he possible to tell any
man that he was not honourably acquitted ; but that
an imputation of guilt still attached .to him. What
a grievous responsibility must, in this case, attach to
the Judge, who was, after a verdict of acquittal by
the Jury, to determine whether that acquittal was
honourable or not. If this doctrine was to be sanc-
tioned, in his opinion it was contrary to all the old
established principles of the Constitution of this coun-
try, and as such could not meet with his approbation.
Sir SAMUEL ROMILLY seeing himself so much
misunderstood by his Learned Friend, and by the
Hon. Baronet, begged the House to understand that
the only question now before them was, whether he
should obtain leave to bring in a Bill for reducing the
number of capital offences, and for providing such
recompence as could be granted to those persons who
had been tried and acquitted of offences imputed to
them. The question did not now arise who should
fix whether they should be compensated or not, but
if compensation should in any case be granted, be
was of opinion, that cases might occur where persons
accused, tried, and acquitted, would be entitled to
compensation for the injury they had sustained :
Those who objected to the motion in its present shape,
must be of opinion, that in no case any such recom-
pence could be due.
The question on the first Resolution was then put
and agreed to.
Sir SAMUEL ROMILLY then moved for leave
to bring in a Bill to provide that persons in certain
cases, 'who had been tried for felonies and acquitted,
should be indemnified for the loss sustained by them
in consequence of their having been detained for trial.
The SOLICITOR GENERAL again declared
himself hostile to the measure. He was satisfied that
the evil to result from it would preponderate over the
good. He agreed with the Honourable Baronet (Sir
Francis Burdett) that it was in effect referring to the
Judge to say whether a man had or had not been ho-
nourably acquitted, when you appointed him to say,
whether he was or was not entitled to compensation.
Sir .5, ROMILLY contended, that it would be
time enough to enter into the objectionsof his Learned
Friend when he should introduce the bill, and judge if
it was open to the objections he had started. The
only question now was, if it was not possible to attain
the object stated in the motion. If his Learned Friend
objected to the motion because it purported to intro-
duce a novelty, so was the Act 1752 a novelty when
it was introduced, and also that Act by which priso-
ners were allowed to have witnesses examined for
them. If these were novelties, he regretted there
were not a greater number of them.
Mr. LEICESTER wished that Gentlemen would
defer t.hir objections until the Bill was brought in.
Mr. CROAKER was hostile to the measure, but
he would not oppose it in its first stage.
Mr. CURWEN approved of the relief proposed to
be given by the Bill.
Mr. PERCEVAL said, lie could not concur in
. the propriety of his Honourable Friend's plan, which
he thought would be productive of very serious incon=
veniences ; and however inadequate a remedy, that
• of an action for a malicious prosecution must be to an

innocent man, yet he believed great inconveniences
would arise from the adoption of any other. He would
not oppose the measure now.
Mr. FULLER said, this regulation wculd puzzle
the criminal law so much, as to give rise to number-
less inconveniences.
Mr. SHAW LEFEVRE said, the House had
hitherto resisted all attempts that had been made to
pay costs, in cases of misdemeanours, out of the coun-
ty rates, and he must pursue a similar course now,
by opposing this attack on the county stock.
Mr. W. SMITH observed, that after the manner
in which this husiness had been stated, the House
could not with,. any propriety resist a proposition,
whick went to away a great evil by affording a great
relief.—Leave was then given to bring in the Bill.
COURTS MARTIAL.
Mr. LYTTLETON gave mitice, that on Friday next he would
move for leave to bring in a Bill for Assimilating the Proceed-
ings of Naval and Military Courts Martial, so far as to enact, that
in cases of acquittal before Military Court.., the judgment shall
be declared at once, without tieing subject to any revisal what-
ever, and that in cases of condemnation, the revisal should be
subject to certain modifications.
BRF.ACII OF PRIVILEGE. -

.....-.-.. _
Mr. LEYCESTLIt gave notice, that he would to-morrow
move fora copy of the discharge of the rule that was obtained in
the Court of King's Bench for a new trial its the cause between
Sir Francis Burdett and the High Constable elf Westminster.

THE DISTILLERIES.
Lord BINNING proposed that this business should be post-
poned till to-morrow, which, after some couversation, was
agreed to.

LOCAL MILITIA.
Lord CASTLEREAGH moved the order of the
day for the House reserving itself into a Committee
on the Local Militia Bill.
Lord MILTON objected to the Speaker's leaving
the Chair, on the ground that the Gentlemen who were
now in the House had come down in expectation of
other business, and that those persons were absent who
most wished to take part in the debate, and were ena-
bled by their information to throw light upon the

subject.
Lord CASTLE REAGI-I understood that the ar-
rangement had been agreed to by which this business
would come on to-night. He did- not expect a fuller
house on the Local Militia Bill than he then saw.
Mr. WINDHAM said, that notwithstanding the-
easy, self-satisfied way in which the Noble Lord ex-
pressed himself, he should have recollected that if the
House was full, it was filled by Gentlemen who came
down to the discussion of another business, which had
been positively fixed for that night. On account of
the absence of many Gentlemen who wished to take,
part in this discussion, he moved that it should be
postponed till Friday.
After a short conversation, the question was put on
Mr. Windham's motion For the adjournment, 37.
Against it, 81.—Majority 44.
On our re-admission to the gallery, we found the
House in a Committee on the Local Militia Bill, and
in discussion upon that clause which determines the
ages between which individuals are liable to the ballot.
Sir J. HALL thought the pet iod of 18 was certainly
the fittest time for young men to commence military
service, and that every year after that they became
less and less fit. He was of opinion that if the ballot,
were confined to young men between 18 and 19, a
sufficient number would be found to answer the pm-,
poses required, without carrying the ballot to men of
more advanced years. He thought the: age of 35
much too far advanced.
Lord CASTLEREAGH. admitted, that in some
counties the principle of the Hon. Baronet might an-
swer, and produce even more men than were wanted
for the particular district, but in many others it would
not at all produce-the number required, and the age
must be extended.
Sir JAMES MONTGOMERY thought the range
of years stated in the clause too extensive, as it would
give a greater number of men than were required.
Lord CASTLEREAGH answered, that the num-
bers were calculated by the population of each coun-
ty, and a narrower limitation would not give the num-
ber of men required.
Sir JAMES MONTGOMERY observed, that last
year's Militia Bill excepted numbers on the, ground
of being Volunteers. But in this. Bill every county
was ordered to find its quota, without any regard to
the number of its volunteers. Neither was any ex-
ception proposed on account of the number of a man's
children, however great ; and in this respect, he
thought that carrying the ballot so high as 35 years
of age, would be extremely oppressive to numbers of
poor men, with large families depending on their in-
dustry. He therefore suggested an exception in fa-
vour of men having more than three children ; and
he also thought the hardship much greater on men
after 30 than before, more especially where a poor
shopkeeper, or any man settled in life, of small Ca•
,pital, w.iose income does not exceed 1001. a year,
who must, in this case, be driven to the necessity oi
serving to the ruin of his business, or paying a fine
equal to one-fifth of his income, besides his liability to
the income tax, which was already Intolerable.
Sir WATKIN W. WYNNE thought,
.by making
the term front eighteen to thirty, about one in 'five
would be drawn for service in the county wheM be'
lived ; but the clause as it stood would take two out
of three of the male population. -
Lord CASTLEREAGH- said, th4t. the Commit-
tee, on considering the measure maturely, would find
that it would on no aecciunt be so oppressive as
seemed to be apprehended. •To the working manu-
facturer, who could earn six shillings a day, un-
doubtedly the service would be objectionable. But
it would be no great oppression upon the head of a
family to be obliged, during a period of four years,
to devote one month in-each to make himself service.
able to his country ; and with respect to the burden
apprehended by parishes for allowances to the fami-
lies of poor men during their absence on service,
it was groundless, as such allowance was to be reim-
bursed by the Paymaster-General. As a measure of
national expense, he himself had now reason to be-
lieve it would not be nearly so expensive as he at first
imagined, from the number of volunteers who were
coming forward in every part of the country. It
was only in counties where volunteers did not come
forward in sufficient numbers, that the ballot was to
be adopted at all ; and as to the alteration proposed,
he had no objection to accede to this amendment, and
substitute the age of thirty, in the place of thirty-
five, the service to commence from the age of 18,
provided it was agreed to eslend the period of volun:
teer service to 40 years of age..
The proposition was agreed to, and the amend,
ment made accordingly.

Sir JOHN COX HIPPI.SLEY obsetteil, tha!
there was no exception in this Bill in favour of tie
resident students at either of our Universities, nor of
pupils in our public schools, such as Eton or West-
minster, more especially of those who were ed :-
eating for Holy Orders. This he thought a gr(v
defect in the Bill, not only because it would mt.
terially interfere with the studies of those yout'.-,
but because when balloted to serve, they would
obliged to associate with men of morals and mani.vi.;
very unsuitable to their rank, education, and desti.
nation in life ; they would be exposed to all the V;005
and corruption inseparable from such intercourse :
they would return to their studies with new ideas and
martial habits, extremely ill-suited to the purposes of
their education, and, in many instances, probably be.
come unfit for ordination ; and even-if they pry:ferry.'
to pay the fine rather than serve, namely, a sum front
301. to 201. or 101. according to the circumstances of
their parents, it would only. secure them exemption
for two years, when they might 'again be drawn, incur
a similar fine, and, in fact, be liable to an expense
which, to many of their parents, might be a most
oppressive burthen. Another objection was, that
there was no exemption in favour of Roman Catlio.
lies, although they were expressly precluded by the
Mutiny Bill from military service ; for if they were
once enrolled in the ranks, and refused to march to a
Protestant Church, and attend public worship in a
religion contrary to their tenets, they were liable to be
confined, tried by a Court Martial, and punished at
discretion. He would therefore ask the Noble
count, whether this was a predicament to which he
would• wish to subject any of his Majesty's Catholic
subjects ? and he instanced two cases, the one in hie
own county, the other in the county of Kent, in
which two Roman Catholics had pleaded their reli-
gion as an exemption from service under the Militis
Law ; and the Governors, after taking the opinion of
C..ciunsel, felt themselves warranted to admit the ex-

emptions.
Lord CASTLEREAGH, while he admitted tlirl
• ..
pi-maple of the Honourable Baronet's objections, in
the first case, rejected their adoption, only because ho
conceive it would open a wide door to abuse and eva-
sion of 'the Act. If such exception was admissible,
there would be so many distinctions to draw between
the cases of exemption and non-exemption, that a
wide field would be open for abuse ; and as to the
Honourable Baronet's objection, the cases he had
mentioned to him were so few, being only eight in the
county of Kent, that it was hardly worth any excep-
tion, more especially as the fine might be mitigated
at the disetetion of the Deputy Lieutenants.
Mr. WINDHAM supported the objections of Si:
J. C. Hippisley, and observed, that in the Training
Bill, though there were no exceptions in favour of
Students, there were in favour of Teachers, in public
Seminaries.
Lord H. PETTY and Mr. W. SMITH spoke on
the same side.
The Amendment was rejected.
Mr. CALC RAFT proposed an amendment for
the exemption of Apprentices from the operation of
the Act.
Lord CASTLEREAGH observ4d, that as the
Master would probably not come within'the age filet'
by the Bill, it would be no great atdaiiip- on him to
have his Apprentice called out, particidarly as the
28 days' service were not intended to be successive,
and as the Apprentice in no instance was to be per.
mitted during the.continuance of his indentures, to.
enlist in the line..
Mr. CALCRAFT persisted in taking the sense of
the House.
After some farther conversation, strangers were
ordered to withdraw; but no division, we understand,
took place. *
The clause relating to poor married men subject to
the Act, was, on the motion of Mr. WYNNE, tilled
up with the words, three children," instead of" one
child," that being, as the mover said, the constitution
of the Old Militia.
When the clause which prohibits insurance was
about to be read,
Mr. WYNNE suggested, that as it was likely to
create much discussion, and the night was far advae.
ced, that the Chairman should leave the Chair, and
report progress.
Lord CASTLEREAGH, at considerable length,
explained the mischief resulting from insurance, and
the necessity of counteracting the frauds arising from
it. The oath required, he was persuaded, would com-
pletely put an end to the Practice--he had •no objec-
tion to strengthen it by a penalty, if necessary. He
was for_proceeding with the Bill.
Mr. WINDHAM spoke in favour of adjourning
the ComMittee.
On coming to the clause, which proposed to pre,
vent insurances against being balloted for, it was sug-
gested by Mr. C. W. Wrstee, Mr. WINDHAM, and
several other Members, that as the clause would re-
quire considerable discussion, and it was then very
late (near one o'clock) it would be advisable to re-
port progress, and ask leave to sit again.
The CHANCELLOR of the EXCHEQUER
and others objected to this, and the Gallery was cleared,
but no division took place ; and we understood it was
agreed to go on some time longer, with such clauses-
as would not be likely to cause much debate. This
was accordingly done, till near two o'clock, when the
House resumed, the Chairman reported progress, and
obtained leave to sit again to-morrow.—Adjourned.

I'•ilE EVENING STAR.

LONDON.

THURSDAY, MAY 19.

PRICE OF STOCKS THIS DAY AT ONE O'CLOCK.
Consols 6844--Ditto May 684—Reduced 674.
Reduced 574--Excb. Bills, Ss. 6s. pre.—lndia Bonds as. 41. pr.

The SOLEBAY frigate, of s 2 guns, Captain SPROULE.
has arrived at Plymouth from Rio Janeiro, with dis.
patches, with which the Captain set off immediately
for London. He arrived last night.
The SOLEBAY sailed from Rio Janeiro on the litb
of March. The intelligence she brings is briefly this:
The Royal Family of Portugal, as has before been
announced, were received with much joy by the colo-
nists, and the illuminations and other rejoicings were
continued for a whole week.—The Commercial Treaty
between the Portuguese and this country has, we ee'

roil
Ftl: ,
r. bee° atified,,an
iNstapd'
- - Portuguese passe
'togiish Gendeman, c
• : - __ e ... —•• • •
*.irbe aspuun of a vessel
ti'e French are m;
gds the Rhine.
law of a late date
~ .
dir following important i
to hear that the
siftleclare. itself in favour
Government, after havii
icactl by turns by the Fr
iolocelt to join France a
by so means indisposed,
opt an opposite resolut
mods made upon it."
a I Som
if 1 e ecti • n
2:‘ c 0
e: ew
et
el,
117tmii:r I
vigi
si particular
g e
ovha andt.4
Mail
from
l conveyance
trdpmc b ;
oicSGlyieg lo
foab:.ephet
hctie,Ptanlsoedlautitnndifwn
.t.
ihttb on
oN:eoseeVlaliti :
slitaries, on their mar
e
n
bsee arrived sonic time,
*considerable time, an,
not h:
) been re
swing ex

last ar
Victo
Colonel N
for Si
post
broul
of Su
-up

dmiral

who were necessaries i
Lieutenant Cullersta
here on the 3d inst. a
pet, having been dct
hetwoeu Sweaberg 2
army in Finland, whit
aatinued at Lumijocl
« The enemy havin
is our advanced posts
of Fielsingford, whirl
of the regiment of
obliged to retnat intc
tian with the town w:,
fortress surrounded o
" Mutat 17.—T1
ire from a battery cc
The 18tb, 19th, and
keep up a brisk cam
threw numerous she
works,
u bLutcH 21.—A

4n4 required
which was, 'chat
it fired upon, it
night otherwise be c
14 that on the o
- batteries w
28.—N1
halt
are

cann(
SO in
offic
killed
the e 3
tudthei
and

Utlilog
llOWder was spent
On the 2d of
flag of truce, v
%In the Russian (
coo that no succor
tau confeiencos ii
cluded the convert
W annex to this re
" Your Majesti
consider, that fro]
which can make
it is liable to be
dueness of the v
number of troop!
trout these consid
Move p.
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%lithe% Arra 171

Between their Excel
In Chief, Engineer
of his Majesty the
I °Mess of Se. Ale
dladr antl, E 4, qn
latendein, and Iv
144 of 14 Majest

gbar ged with r
as have also be
bat M the follown
On Saturday la
Wi ship the 1
g~tnarez. Colo'
gefiately set out
KAY 10.--The
lass arrived, has.
Ist the fortress o
damefully given
Ms dismissed Ad'

ant any batteric
31 MARCH 28.-
esstructing a 1
IThricaborgi our
614 t Pointe And
skilt and balls.
a The 29th,
IClRbpeed to ca
without doing
expeCtCd ; one c
tatTison were ki
tierlace of the
beeps, the nuit
lhich to 515 ;
lak the nano

geotand, been ratified, and returned by the SotssitT,
several portuguese passengers, and a Mr. WEMYSS,
$2 English Gentleman, came in the ship.

The Captain of a vessel from East Friezland states,
slot the French are marching in great numbets
wards the Rhine. •
wards the Rhine.
letter of a late date from the Continent contains
following important information :•••••." You will be
the
surprised to hear that the Porte has resolved, after all,
10 declare itself in favour of England. The Turkish
Government, after having been threatened and ca.
"Jed by turns by the French Minister, in order to
oduee it to join France and her allies, to which it was
by no means indisposed, has been at length driven to
13opt an opposite resolution, from the extent of the
danands made upon it."
The particular point which, it is said, determined
fe Gamin Salomon to resist, was a demand thatthe
french army should be permitted to pass through his
territories, on their march to India. Couriers were
star from Constantinople with the intelligence to
rota and Paris, at both of whi ch places they must
we arrived some time,

GOTTENBURGH MAIL.
The Mail due on Sunday arrived this morning.
Jr this conveyance we have received the unpleasant
earce of the fall of the important fortress of
Sweaberg. The surrender of this strong place has,
ts might be expected, excited much chagrin. It was
conceived to be in A state to enable it to hold out for
considerable time, and those engaged in its defence
oe charged with not having done their duty. Other
coils have alsobeenreceivc4 which ow Readers will
in the following extracts :

GOTTENIAGH, NLAY 9,
On Saturday last arrived here his Dritannic Ma.

pry's ship the Victory, Vice-Admiral Sir James
,amarez. Coloud Murray, who came in her, im-

piately set out for Stockholm•
MAY 10.—The post from Stockholm which has

~I,t arrived, has brought us the unpleasant tidings
iat the fortress of Sweaberg, in Finland, has been

iamefully given up to the Russians. The King
_ _ _ _

iodismisseti Admiral Cronstedt and all the Officers
who were accessaries in this affair.

STOCKHOLM, MAY 8,
Lieutenant Cullerstadt, of the Life Guards, arrived

hut on the 3d inst. at night, with the following re•

Fort, having been detained by the enemy 19 days
tetween Sweaberg and the head-quarters of the
umy in Finland, which, on the '2sth of April, still

continued at Lumijocki :

Y The enemy having, on the 2d of March, driven

sour advanced posts and advanced against the town

of lielsingford, which was occupied by one battalion

of the regiment of Adlercrcux, pur troops were

obliged toretroat into the fortress. All communica-
tion with the town was cut off by the enemy, and the

fortress surrounded on all sides.

MARcii 17.—The enemy opened a well directed
file from a battery constructed on tilockholm

The 18th, 19th, and 20th, the enemy continued to

keep up a brisk cannonade against the fortress, and
threw numerous shells and red-hot balls into our
works,

N MARCH 21.—An officer arrived with a Rag of
ice and required a conference, the principal object
/which was, that on our side the town should not
k fired upon, it. order to prevent the mischief which
light otherwise be done to the distressed inhabitants;
114 that on the other hand, the enemy should not
sect any batteries within the lines.
" MARCH 28.—We discovered that the enemy was
instructing a battery en the heights, in front of
Ilicaborg ; our fare was immediately directed against
that point, and answered by the enemy with bomb.
5.5111 s and balls.
" The 29th, 30th, and 31st of March, the enemy
rrintlillie4 to cannonade and bombard the fortress,
without doing so much mischief as might have been
effected ; one officer, and five rank and file of the
ga..rinn were killed, and 32 wounded. But, in con-
sequence of the excessive fatigue sustained by our
hops, the nuMber of sick amounted' at the end of
March to 515 ; and although we husbanded our stores
with the utmost care, yet one-third of our gun,
Powder was spent at that time.
" On the 2d of April another officer arrived with
a flag of truce, who was the bearer of a proposal
from the Russian General to surrender the fortress, in
case that no succours should arrive ; and, afrer seve-
ral conferences held on that subject, this day cone
eluded Ma convention, which 1 respectfully take leavo
to annex to this report.
" Your Majesty will most graciously be pleased to
unsider, that from the imperfect state of this fortress,
stifich can make hut a feeble defence in winter, when
it is liable to be attacked on either side ; the exten-
siveness of the works, and the comparatively small
"mhos of troops who were able to defend them, and
from these considerations I humbly trust you will not
6.sapprove a measure to which I have thought it my
guty, although most reluctantly, to subm;t.
erg' April 17, (Signed) uC. 0. citoxsTEDT?"
CONVENTION
&teem their Excellencies Messieurs de Sue Wri LEN, General
H Chief, Engineer, and Quarter-Master.General of the armies
lids Majesty the Emperor of all the Russia*, Knight of the
Orden of St. Alexander Newsky, and St. GE‘'rget of St
Wiaw
diratt and St, Ann, Comniander of the Order of St. Johan of
!...usaletn, and M. de CRONST zwr, Vice-Adniiril in the ser
vitt of 41 Majesty the King of 5.444 Chi* i'Esecte,e, atPl

Commandant of the Fortress, Commander and Grand Cross '
of the Order of the Sword, and Commander of the Order of
St. John of Jernsaletn:

“ There shall be an armistice between the Russian
troops besieging Sweaberg, and the Swedish garrison,
from this day to the 3d May new style, of the current
year 1808. If by the noon of the said 3d of May, the
fortress shall not have received effectual succours by
at least five sail of the line, it shall be given up to his
Majesty the Emperor of Russia, which succour it is
to be understood shall have actually entered the port
of Sweaberg by the hour appointed, and is to be con-
sidered as nothing arrived, if it has only come into
sight of the place,
” The day after the Convention shall have been
approved by his Excellency the Commander in Chief,
the Count Buxhovden, the Admiral M. de Cronstedt
shall evacuate the Isle of Langorn, the guard of
which shall be relieved by a Russian guard. On the
two following days, that is to say, from 24 hours to
24 hours, the same shall be done in the Isle of Wes-
tervarto, including the small work of Lowen, on the
rock adjoining, and that of Lella Ostersvarso.
44 The garrison which shall be there shall pass over
only what appertains to each as his property, without
destroying or in the least damaging the works, ma-
gazines, artillery or ammunition, except provision%
which they may be allowed to take with them.

Of the three islands which shall be the guarantee
of this Convention, that of Langorn shall be entirely
given up to the Russian troops, who, however, shall
not before the said 3d of May, begin any work on 1
the side opposite to the fortress. As to the two other
islands, though occupied by these same troops, they '
shall be restored, provided the succour shall arrive
before the time stipulated, precisely in the state in
which they now are ; in the mean time the Swedish
hospital which is there, shall remain under the inspec.
don of its own officers of health and presidents, and
shall have no other communication with Sweaberg
than for the conveyance of convalescents, and that
of the sick who may supply their places, without
exceeding the number of those at present there. The
mill and bakery at Westervarto shall remain at the
disposal of this same hospital.
g, On the 3d of May, new style, when the place is
given up, the garrison shall march out. with all the
honours of war, on the same conditions with respect to
the ceremonial, as have been granted to the garrison
of Swartholm,

" When the clock shall strike twelve, at noon of
the said day, the Isle of Gustafsward shall be eva-
cuated by the Swedish garrison, and shall, at the same
hour be occttpigd by the Russian troops, who shall at
the same time relieve the guard of the gate of Wargo,
communicating with Gustafsward, which Isle of
Wargo, as well as that of Stora Osterswarto, shall be
evacuated in the course of the day, if possible, or at
the latest,,on the next day, and as soon as the garri-
son can be conveyed in boats, in case the ice should
not continue. On account of this uncertainty, ar-
rangements shall be made when the time approaches,
with respect to the measures most adapted to circum-
stances, for the most speedy and safe conveyance of
the garrison to the main land, and for the safety of
the property as well of those who remain, as those
who shall follow the garrison.
" Every individual shall remain in possession of
his property ; whatever is not private property shall
remain ; and the Admiral engages to destroy nothin g
from this moment, nor to send out of the harbour
any vessel of any kind whatever, nor to launch into
the water the vessels which may be there already.
" All the officers who shall be Swedes by birth,
shall, if they desire it, have permission to return to
Sweden, engaging their word of honour not to serve
against Russia, nor against her allies, during the pre-
sent war. The Swedish non-commissioned officers
and soldiers shall he sent to Wibourg, under a mili-
tary escort, or other neighbouring places : all those
who shall wish to remain under the dominion of his
Imperial Russian Majesty, shall take the oath of alle,
glance, and enjoy all the advantages offered to then
by his Majesty's proclamation of the 19th (51st) of

March, 1808.
44 The Finnish regiments which enter his Imperial
Majesty's service shall not be employed against Swe-
den or her allies during the present war, and shall
enjoy the benefits held out to them by his Imperial
Majesty's Proclamation, and especially by that of
the (19th) 31st March of this year.
44 The regiment of Aldecreutz, after having taken
the oath of allegiance, shall remain embodied during
the present war with the same advantages which it
pow enjoys, All that has been said with regard to
the land forces, shall also apply to the marines and
seamen. The civil officers, and in general all persons
whosoever are in like manner included in the articles.
44 The fortress shall be delivered up, with all its
appurtenances, artillery, ammunition, and stores of
every description ; and also with every thing belong;
ing to the flotilla, no part of which shall be spoiled or
destroyed after this moment.
“ The flotilla shall he restored to Sweden, accor-
ding to thp particular return made thereof, after the
conclusion of Peace, in case that England should also
restore to Denmark the fleet which she took la►t year,
4f The archives of the place, plans; and other
papers which concern the fortress and marine, shall
ie faithfully delivered to officers appointed to receive'
them.• Full confidence is placed in the Admiral's
word of honour, that pone of them shall be removed
or coAcealed, All poulble facilities ;ball be afforded

to such Swedish families as are desirous to withdraw:
and, in general, with regard to such Points as are not
expressly determined in this convention, both parties
engage to act with sincerity and good faith.
" In case that on the arrival of succours before the
stipulated time, the isles of Westeriarto and Little
Ostervarto must be evacuated, the Admiral engages
to furnish a sufficient number of troops, that the eva-
cuation may be effected within twenty-four hours,
during which time no hostilities shall take place be-
tween the Russians and the fortress, until the former
shall have reached the shore.
" In the Isle of Lonnan, In the front of Sweaberg, (March SS),
April 4, 1808.
(Signed) " SUCHTELEII. C. 0. CRONSTEDT."