Star.
London, England, 1809-08-01 00:00:00

'OM THE AMERICAN PAPERS.

_rue American Paper, of the 23d of June says:
- The Bill to amend and continue in force the Act
to interdict the commercial intercourse between the
Lit. ted States and Great Britain and France, and
their dependencies, and for other purposes, was read
the third time, and passed unanimously.
" The following Federalists voted in the affirtna-

tive, viz.
" Messrs. Anderson, Bayard, Brent., Condit, Crawford,
Franklin, GiUiard, Gorman, Gillman Goodrich, Gregg, Gris-
wild, Hillhour, Lambert, Lloyd, Matbeuson,i Meigs, Parker,
Pickering, Pope, Reid, Robinson, Smith, Thurston, Turner,
White, and Whiteside."
The Bill is inserted at large in the paper of the,
26th. The first clause says :
" Be it enacted by the Senate and House of Re-.
presentatives of the United States of America in Con-
gress assembled, that the 3d, 4th, sth, 6th, 7th, Bth,
9th, 10th, 11th, 17th, and 18th sections of the Act
intituled An Act to interdict the commercial inter-
course between the United States and Great Britain
and France and their dependencies, and for other
Purposes,' shall continue in force until the end of the
Session of Congress, provided that nothing therein
contained shall be construed to prohibit any trade or
commercial intercourse which has been, or may be
permitted, in conformity with the provision of the
11th section of the said Act."

SENATE OF THE UNI'T'ED STATES.
WASHINGTON, JUIN E 9.
Mr. Smith of Maryland, from the Committee to
',horn was referred the Bill to amend and cpritinttp in
force the Act intituled An Aet to interdict the.corn-
rnercial intercourse betweat the United States and
Great Britain and France, and their dependencies,'
together with the amendment proposed thereto, re-
ported as a substitute, a new Bill.

HOUSE OF REPRESENTATIVES.
WEDVEsDAY, JUNE 21.
Yesterday the Committee cf the whole House on
the Non-intercourse Bill rose without coming to a de-
cision, reported progress, and grit leave to sit again,
when the House adjourned.
FRIDAY, JUNE 16.
The President of the United States this day com-
municated the following Message to the Senate :
" In compliance with the Resolution of the Senateof the 13th
inst. I transmit extracts from letters from Mr. Pinckney to the
Secretary of State, accompanied by letters end communications
' to him from the British Secretary of State for the Foreign De-
partment, all of which have been received here since the last Ses-
sion of Conyress. To these documents are added a communica-
tion just made by Mr. Erskine to the Secretary of State, and his
answer. (Signed) " JAMES MADISON."
LETTER FROM MR. ERSKINE TO MR. shirrH.
" Washington, June 15.
" SIR--I have the honour to enclose a Copy of an Order of
his Majesty In Council,lssned on the '46th of April last. In con-
sequence of official communications sent tc me from his Majesty's
Government, since the adoption of that measure, I am enabled to
wstire you that it has no connexion whatever with the overtures
which I have been authorised to make to the Government of the
United States, and that I am persuaded that the terms of the agree.
anent, &c happily coneuded by the recent negotiation, will be
strictly fulfilled on the part of his Majesty. The internal evi-
dence of the Order itself would fully justify the foregoing con-
struction; and moreover, it will not have escaped your notice,
that the repeal has not thereby been made of the Order of the
7th July, too; which, according to the engagement I have en-
tered into on the part of hit Britannic Majesty, is to. be t.brogafed
with the other Orders, in consequ nee of the adjustment of dif-
ferences between the two Countries, and the confidence enter-
tained of a further conciliatory understanding.
" I have the honour to be, &c.
(Signed) " D. M. ERSKINE."
MR. SMITH 'I 0 MR. ERSKINE, IN ANSWER.
" Department of State, June 16.
Sic--I have the honour to acknowledge the receipt of your
Sots V this day, connruiticatii g the Orders in Council issued by
his Britannic Majesty on the Otitis of April last. However well
persuaded the President may be at all times that the arrangements
so happily effected by the lase Neowiuttoti. would be strictly ful-
filled on the pact '.f his Britannic Majesty, he has nevertheless
received with Sal, V' ion your renewed assurance to that effect,
with the farther -set :nice founded on official communications to
you from your Govern:omit, since the ailoption of the Order In
Council of the 26t April, that that order was not intended to
have ony connexion wt....ever with the overtures which you had
beer authorized to make to make to the Government or the Uni-
ted States.-1 have the honour to be, &c.
(Signed) " R. slarrn."'
(' Most of these letters are of old date : but in a letter from
Mr. Pinckucy to the Secretary of State in America, stated 74, ay
1. that. Gentleman rate., that he had bad an interview with Nir.
Canning on the 17th of April, and again on the 67th of the ,are
month. On the last occasion, the Orders in Cotincil which he
'retard, were presented to him for his approbation; bet "he re.;
etivt d them In the form they then were, without making himself
a party to them or agreeing to the alterations 1
NEW YORK, JUNE IS.
We learn by Captain LAKE, from New Orleans,
that the French Consul there had obtained permission
from the Governor to lend about 18,000 French in-
h:hitants from the island of Cuba, who had been
ordered away by the Spanish Government. Captain
LA ca met in the river seven schooners and a sloop,
and outside the bar tivte schooners, all from St. Jar°
de Cuba, having tio board 1200 French passengers.
A ship was to fulintr with SOO passengers. •
NORFOLK. JUNE 6.
The Haytian brig Victore, whose arrival was no-,
tired in our last, has been, we understand, seised by
the Custom,hoise, as a French vessel whose entry is
forbidden by law. This case will present an impor-
tant question upon the independence of the island of
Hayti, It is certainly true, that in conformity to the
views of the late Administration, and in compliance
with the wishes of the Grand Emperor, our law. hive.
said, that St. Domingo is not independent. .Bow far
policy may direct us to refuse to acknowledge the in-
dependence of that colony, we undertake notto lacy;
but sire consequence .of the condemnation of this ves-
sel as a French vessel, will most probably bring a pi-
ratical war ukon our commerce. •

- WASHINOWN, JUNE st.
The atm:liver who went to England in the Pact &
bas tecuri.ed ti, dd. city, and it was at first said, that
be had brought vw y bad news, as the friends of France
were in high spirits. They proclaimed that Great
Britain had "vim deceiving us; that w, ile she was
holding tint the olive branch she had declared all tile
world in t staze sf blockade, and thus cut up our
eornmcicv by the rots. Now ! said they, there is but
one course for us to pursue, and that is to open inter-
course with }r.,nce, declare war with Britain, take
caoada and Nova Scotia, and establish inti.rnal
nufactoras on a huge scale.
1. S. The war party were in raptures yesterday
outt they deemed the good news bin they are

moment, and the public may rely upon the fact, that
the President has no serious apprehension of a failure
in the negotiation. The men of war sprung up yes-
terday like the men of Cadmus, bristling with spears,
and blooming with laurels ; but dust they were, and
to dust they are returning !

THE EVENING STAR.

LONDON.

TUESDAY, AUGUST 1.
PRICE OF STOCKS THIS DAY AT ONE O'CLOCK.

Cons. for money 671—for August 68-1-t.
Omnium 4- 1 preen.—Exch. Bills, 61. Moi. pre.
PRICE OF STOCKS YESTERDAY.
India :•took 187
India Bonds 21s. pre.
Each. Bills, tis. 13s. prem.
Englich Lottery Tick. Si). 11$.
City ditto £B. 10$.
Cons. for opg. 681

Bank Stock
3 per Cent. Red. 68!
3 per Cent. Cons. ti7i 6$
4 per Cent. 844
5 per Cent. Navy 981 99
Long Ann. 18}

various reports were industriously circulated yes:
terday. evening, of accounts having been received of
the capture of Walcheren, and the fleet at Fleshing.
But till the hour at which this Paper was this day put to
press, no accounts had been received of the operations
of our armament.—The attack will be made with the
whole force on the beach between Zoutland and D yck-
hock. This beach is about two miles and a half in
length. Each of the batteries at the extreme points,
mounting about seven guns, will be in the first in-
stance attacked, and, it is calculated, soon silenced,
by one frigate and three sloops, with carronades.
Twenty sail of the line and twelve frigates are to ride,
off the landing place about a mile and a half distant
from the shore. Forty gun-boats are to scour the
beach, and, in this operation, they are to be aidet: by
four or five mortar vessels, throwing shells over the
sand-hills. The troops will be in flat boats in the
rear of the gun-boats. When the gun-boats, &c.
have achieved the object of their operations, they will
open for the flat boats to land: As soon as the troops
have effected their landing they will immediately
proceed to bombard Flushing and Middleburgh. In
their attack upon the former they will be seconded by
our fleet. Those two places being reduced, which it
is understood will be expeditiously accomplished, of
course the island of Walcheren is completely in our
possession. The next step in our progress will be to
embark a part of the army, which will accompany a
proportion of our naval force up the Scheldt, for the
purpose of attempting the capture of the French fleet,
which it is naturally calculated will take refuge under
Fort Lillo. Our army, therefore, will be landed near
this fort, in order to attack it in the rear, and to co-
operate with our navy. When the French fleet are
in our possession they will of course be brought away,
and, in order to cover them from any attack by land,
our troops are to march down along the banks of the
river to Santolient, where they will be re-embarked.
This, it is supposed, will form the limit of the expe-
dition. An adequate force, both naval and military,
will be left to keep possession of Walcheren, and the
remainder will return to England:—Should it be
found impracticable to bring the French shipping
away, means are provided, through explosion vessels,
rockets, &c. to ensure their total destruction.

Colonel MORTON, an American Gentleman of great
intelligence and respectability, who was sent from this
country by Mr. PINCKNF.Y with dispatches to France,
after the refusal of this Government to ratify the terms
of Mr. EasKiNes agreement with the Government of
the United States, left Paris on the 16th ult. and le-
turned to town a few days ago. When he arrived at
%/Asia on board the cartel, he was not in the first
instance permitted to land ; but upon an explanation
being given of the character en Which he vas deputed,
orders were given Olathe should be immediately allowed
to proceed to Paris. When it was understood in the
French capital that Mr. EnsKlxE's measures had not
received the sanction of his Government, the fact was
immediately communicated by the telegraph to the
Emperor atVienna, and an opinion seemed to prevail,
that advantage would be taken of the new misunder-
standing, to produce a favourable choose in the rela-
tions now subsisting between France and America..

It is reported, and we believe on good grounds,
that BONAPARTE has returned to Paris. We should
not beat all curprized to hear of his appearing as the
opponent of Lord CHATHAM.
The Countess of WESTMORLAND landed on Friday
at Falmouth, from the Continent, having been absent
from England for these three years.
The Earl of ABERDEEN arrived cm Monday at Dum-
breck's Hotel, Edinburgh.
Tuesday afternoon the Gloucester coach running
to Bristol overturned near Newport, close by a stream
of water, in consequence of the linch-pin slipping out,
by which the hind whew] flew off, when eight outside
passengers and the coachman were thrown into the
water, which fortunately was not very deep. Two
of the Ladies were considerably hurt, and conveyed
to a neighbouring house, where one died in a few
hours after. The other remains dangerously ill. The
rest, with one inside passenger; escaped with only a
few orto4llbkbut considerably tut. We trust the above,
melancholy event will serve as a warning to the pro-
prietilrs of conches to hewn* vigilant in inspecting,
the state of their carriages. • The Lady who still sur-
vives is in such a state that -those under whose roof
she now lies have only been able to' learn from her,
that her friends reside in or about London.

- - - - - -
Simday as some young men were amusing them-
selves on the water, near Kew Bvidge, one of them,
who when of age would have been entitled to 020,0008
fell over the side of the boat, and was drowned,

• couirrir27l:l7AZ OW IORD CANNER.
FIFTH DAY.—PORTSMOUTH, JULY st.
Upon the President's f' the witnesses to w:''

_ desiring with-
draw, as usual, Lord COCHRANE submitted to the
Court, that it was not the custom of Courts Martial
to exclude the witnesses from the Court during the
defence.
The PaittamtuT--41 Lord Cochrane, it is the wish
of the Court, in the present instance, that the witneses
should be excluded.'
Lord COCHRANE---" The trial of Admiral-Harvey
is a case in point, where the witnesses were•allowed to
remain in Court during the reading of the defence."
The PRESIDENT—" My Lord, the Court has dis-
cussed the measure in the present instance, and it is
its wish that you should with :raw "
Lord COCHRANE bowed, and withdrew.
Lord GAHEIER was then called upon for his de-
fence, which the JUDGE ADVOCATE was permitted to
read for him, as follows :

Mr. PRESIDENT.—I thank .you, Sir, and the rest
of the Members of this honourable Court, for hav-
ing complied with my request, that a short interval
might be allowed me before 1 entered on my de-
fence. I have also to express my satisfaction, that
the whole of my conduct and proceedings in Basque
Roads, is now under your consideration, in conse-
quence of my having applied for this Court Martial.
The necessity of this must be evtdent ; either I had
to adopt this measure, or by a tacit acquiescence in
the insinuations thrown out against me by Lord .0 eh.
rane, have compromised not .only my own honour,
but also that of the brave officers and men under
my command. The Proceedings of the Court will
shew, whether any misconduct has existed in the exe,
cution of the service under consideration : if any has
existed, of which I 'am perfectly unconscious, it is
right that the nation should know it ; not as rest-
ing on the unsupported opinion of an individual, but
on the unprejudiced judgment of this aribunal.
was prepared, when I first came before you, with
what appeared to me a complete justification of my
conduct and proceedings as Commander in Chief of
the Channel Fleet employed in Basque Roads bettveen
the 17th of March and the 29th of April last, to ‘s hi ch
your inquiry is directed ; but I could pot be aware of
the oral testimony that was to be brought forward in
support of the charge which their Lordships have, at
the instance of Lord Cochrane, been induced to make
against me ; namely, that on the 12th of April, the
enemy's ships being then on shore, and the. signal.
having been made that they could be destroyed, I did
for a considerable time neglect or delay taking effecs,
tual measures for destroying them. I was ready to
admit, from the time of my observing on the morn.
ing of the 12th. the situation of the enemy, commu-
nicated to me also by signal from the Imperieuse,
some time did elapse b.fcre the enemy's ships were
attacked ; but I was prepared to prove most incon-
trovertibly, that no neglect or unnecessary delay took
place in effecting the destruction of those ships ; and I
have now the satisfaction to find, that out of all the
Officers of ttfe fleet who are summoned on this trial,
the charge rests on the unsupported, and I may say
already refuted, testimony of the Captain of the Ina
perieuse. I believe there is not a precedent to be found
in the naval annals. of Great Britain, of an Oitieer
of the rank I have the honour to hold, commanding a
fleet which has performed so important a service as
that accomplished under my direction—approved as
that service has been, by the Board of Admiralty,
and considered by his Majesty's Government as even
deserving the thanks of both Houses of Parlia,
ment ; being obliged, from a sense of what is due
to his own character and honour, as well as to the pro-
fession to which hebelongs, toappeal to a navaltri bunal,
against the loose and indirect accusations °fan officers°
much his inferior in rank. lam warranted in saying,
that the execution of this service was approved by the
Board of Admiralty; because in aletter from their Se-
cretary, dated April 22, acknowledging she receipt of
•my public dispatches on the occasion—he says, he is
commanded by their Lordships to congratulate me on
the brilliant success of the force under my command,
in the attack of the enemy's ships in the Isle d'Aix
Roads, by four vessels, and subsequently by detach.
ments from my fleet, which term nated in the capture
and destruction of four of the enemy's sh;ps ; and to
• signify their Lordships' directions to me, to express
their approbation of the great exertions of Rear-Ad-
miral Stopford, Sir Harry Neale, and the severalother
Officers mentioned by me, as having been most a,e..1
tively employed, and having particularly distinguish-ea',
themselves upon this important service: Lord Coch- '
rane, however, warned the Noble Lord at the head of
the Admiralty, that if this measare were attempted,
he should, if standing alone, oppose it so far as re-
garded the Commander-in-Chief ; thus without spe-
cifically obecting to the thanks being given for the
service performed, directing his hostility personally at
me, and making his attack as publicly, though not so
fairly, as if he had at once exhibited formal charges.
Lord'CocllßAsE, as a Member of Parliament, may
most assuredly support or oppose public measures, as
he shall think proper. In the present proceedings,
, however, he stands in the sittation only of an. Officer
r.serving under my command, as appears by the follow-
ing letter to me from the First Lord of the Admi-.
ralty
" Atimianvrt, MAY 2P, 1809.
" My LORD—Having in conversation Informed Captain Lord
Cochrane, that it was the intention of his Majesty's Government to
move the thanks of both Houses of Parliament to your Lordship,
and to the Officers, seamen, and marines serving under your com-
mand in Basque Roads, Lord Cochrane declared to me, that In the
event of such a measure being proposed in Parliament, he should
feel himself bound, by his public duty, to object to the thanks, ai
far as they should apply to the Commander in Chief. Uncle(
these circumstances, it has been deemed expedient so suspend the
million for the Vote of l hanks, and to call upon Lord Cochrane
to state the grounds on which he has intimated to the First Lord
of the Admiralty his intention to oppose the Vote of Thanks, as
far as respects your Lordship, that the Board of Admiralty may
thereby be enabled to judge how far the grounds to be stated by
I .ord Cochrane may be of a nature to suspend the motion in Par.
Lament, or to call for any further investigation by the Board, ar
in any other way. I have felt it due to your Lordship to give you
the earliest information of this state of things, and to acquaint
you, a/at a letter will this day be written to Captain Lord Coch- '
rare, in conformity to the above resolution of the Board of Ad-
miralty, a copy of which, together with the answer of Lord Coch-
rane, will he without delay communicated to your Lordship. I
have, &e. (Signed) " IfULORAVE."
Whether Lord Cochrane supposed he might with
impunity endeavour to lower me in the opinion of my
country and my Sovereign, signal marks of whose
favour, had at this instant been exclusively conferred
upon himself,—whether his Lordship• thought he
could wit his own reputation at the expence of

Tritftead.whedserhebeteeeted that his threat WOlll.l
intimidate me to silence, I know not. But if tie;
were his ideas, I assure myself the result will peeve to
him that they were founded in error ; for I will eel;
such
the
Admiraltya an att e eg attack.
that general
or
ogßrnLeenoert
btrdha
eel c i
referenceom lettercp :,t re,c:t_
permit any man to proceed as Lord Cochrane he-
done,• without availing myself of the means wheel;
the laws of my country afford, to slim the futile;
theand •Sinrrettiacryn °off
after making his undefined accusation against his Ad:
miral, he excuses himself from explanation by a ee
neral reference to the log and signal books of the flee%
1 swithouttateof khnioswei nwgn, ilfolz.muazajtudt
might produce. TI erefore, because he does not ac.
cord with me in opinion, Lord Cochrane, whose es.
tent of responsibility has perhaps never exceeded the
charge of a sitgle ship, and to whom in judgment I
will not reduce my experience to a comparison, be,
comes my accuser ; whilst from my situation, I all
1 responsible for every act ot my fleet, and for the tee
of every ship composing it. lam so confident, tied
I hope it is already evident to the Court, that Lord
Cochrane has no cause whatever for accu i s.ng nie of
any dereliction of duty, that it might alnNst le sup,
posed m
grounds
ruocttintdos oswaoerfdt hing
s his
dissatisfaction. hadoccurred
Lor-dshi
p,v ,ih.
ceiin m l
choily.tin,; ;relented.,,,noa‘,l
ecio.
ei
nirre,
is the fact. More liberality could not have been sieve
than -Lord Cochrane received at my bands ; tied al.
though a considerable degree of disappointment was
manifested throughout the fleet on his arrival to coy.
duct the service to be performed by fire vessels, ),,t
every .officer in the fleet reedered h m the Most steady
assistance, not only in valuable suggestions, the entire
credit of whlch seems to have been assumed by Isis
Lordship, but by every other means that zeal anal
courage could afford. Lord Cochrane, on presentee.
himself to me after the action, was general in con'i.
Plaint of the Officers who commanded the other ships
engaged at the same time with himself, In the attack
of the enemy ; but having equal means with his Lord.
ship of judging of the conduct of those officers, I ch
aver, that it was highly meritorious. At the time Lett,
Cochrane made this general complaint, 1 had not the
smallest suspicion that there existed in his mind those
sentiments of disapprobation of my conduct, which by
his proceedings since his return home, I am to suppose
he then entertained. It would, in such case, have
been liberal, and, I think, also his duty, to has e made
a communication to me to that effect. I should ti
have been enabled to have guarded in some me.i-or
against his attack Upon my character, on his an ival ii
%Island. I scarcely need observe in this Court, that
however highly courage is to be valued in an Officer, i.
is always incomplete in its consequences without thl
equal exercise,ot judgment and discretion ; heel
the duty of a Commander not only to destroy in
enemy, but to accomplish that destruction with the
least possible loss on his part; and, I submit to tie
Court, whether there ever was a service, which,
under all.circumstances, more required the exeree
of these qualities than the one in question. T:
effect produced exceeded my most sanguine expe
teems; and, I believe, the expectations of the whoi
fleet. The points under the consideration of the
Court, appear to be the following r Whether tie
lapse of time between the discovery in the rooming
of the enemy% ships being on shoree and the attack,
was not, under all circumstances, absolutely necee
sary for the advantageous accomplishment of the
intended service—whether it Wes not my duty, as
Commander in Chief, to be governed by a general
view of the whole of those circumstances, rather that
yield to the suggestions of one, and that a very ju,
nior officer ;—and whether an earlier attack would
have been attended with greater advantages ;—in
short, was there not accomplished, at the time the
attack was made; all that could at any time have
been effected ? It is in support of these propositions,
I undertake to shew, as indeed is already in evidence
before you, that had I not delayed sending in the
ships is the attack entil the time I did, the loss of
ships, and of the lives of valuable seamen, would, in tier
opinion of all the officers of the fleet, have amounted
to a large proportion of the force so employed...-.
And yet it seems, that I am now represented of de-
serving of censure, for having prevented that wanton
destruction ; but I am satisfied the Court will, by the
result of their investigation, find, that not a single ad-
ditional ship of the enemy would have been destroyed
by a more early adoption of those measures which it
is imputed to me I delayed or neglected. 1 shall now
proceed to the direct matter of inquiry and charge to
which my letter to the Lords Commissioners of the
Admiralty of the 10th of May partly applies. This
letter was written on my being informed that my
public dispatch of the 14th of April had been con-
sidered as not sufficiently explanatory; but even
that letter proves short of what has now become ne-
cessary to submit to the Court, put as I am on my
defence. Iw it venture here to express my firm con.
viction, that during the whole period which is the
subject of inquiry, and more particularly on the very
day on which I am charged with a dereliction, of duty,
it will be found by this honourable Court, that in the
previous arrangement I exerted the utmost faculties
of my mind to prevent any circumstances escaping me
which forethought could dictate; and that at the time
of attatk I acted with all the zeal for the success of
the service an Officer could evince, whose duty ij,
was to-Consider the proper application and preserva.
tiori of his own fleet, as well as the destruction of that
of the enemy.
46 The squadron under my command, including
the advanced higates, having been driven from their
station off Brest, by _the continued prevalence of tem-
pestuous westerly winds, it was on my return off that
port, On the 28d of February that I ascertained the
escape of the French fleet ; I had no information of
the time when the enemy escaped from their port, or
of the coarse they had taken ; consequently had no
rounds upon which I could exercise any discretion.
Iles reduced me to the unavoidable necessity of fol-
lowing my orders, which in such an event distinctly
directed me to detach the senior Flag Officer, with
such
nty;
fall- cdet oasrelturnrUghtntycsoeilifcltuodecawwassaee.deraßl
atyo
ftloire entuer:
ther orders. I accordingly detached Sir John Duck-
worth with 8 sail et the line and a frigate, in pursititef
the French fleet, on the course pointed out in their
Lordships' orders beteire referred to, which lett me
with the Caledonia alone, in the mortifying situation
of being oblised to return to port. 1 refer back to
this event, in order to shew why the Caledonia,
bearing my flag, became detached from the fleet.—

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proieeding to Cawsand iay, the Naiade joitted Me
of Falmouth, when Capt. Dundas informed me, that
the enemy's fleet from Brest; consisting of 8 sail of the
line and 2 frigates, had entered Basque Roads on the
24th of February, where they had been reinforced by
the 4 sail of the line and 2 frigates, previously lying
in the Aix Roads. This communication being made
to the Admiralty, I received orders from their
Lordships, on the Sd March, to put to sea with
the Caledonia, Tennant, Mdstrious, Resolution, and
p,ellona; together with any frigates and smaller ves-
sels under my command, that might be ready for sea
at Plymouth, to form a junction with Rear-Admiral
Stopford, commanding. his Majesty's squadron off
Rochefort. .Oa my arrival off Rochefort on the 7th
of march, I found .that Rear Admiral Stopford
pith the Caul, Defiance, Donegal, and four frigates,
had, in the Cowie of the 24th of FebKuary, been
triumph,
by CaPtain Beresford, with the Theseus,
triumph, Valiant, Revenge, and one frigate, and
shortly after by the kiss.° ; and that the French
fleet had moved from Basque into Aix Roads, and
taken anchorage thele sitith 11 sail of the line and
four frigates. In consequence of the intricacy of the
navigation, one of their ships was totally wrecked.—
Judging that the occupation of Basque Roads by the
ticet under my command would be' most effectual,
either for blockading the enemy, or for carrying on
offensive operations, should they preveimicable ;
I immediately ordered some of the s of the
beet to emceed in, and to take every advantage of
weather, iii sounding and surveying the anchorage, in
order to ascertain the part most advisable to be occu-
Tiled by a fleet sof the magnitude of that under my
orders.

[fbe rest of the Defence we are obliged to postpose till to.
morrow, owing to want of roorst. When the Defence was 6-
niched witnesses were called to substantiate the points which it
embraced—The following is their evidence
Mr. Err✓Am FAIIIIAX was called and sworn.

Q. Were you employed sounding or surveying, in
Bisque Roads and towards Aix Roads, previous to
the 12th of April Yes, and reconnoitring the
position of the enemy.
state the general service on which you were em-
ployed.—l was mostly employed on the Long Sand,
and found that it extended full three quarters of a
mile to the eastward and northward from where laid
down. I will state to the Coast SU it, bearings (des..
Mbed to the Court), and Inuch,shallower water than
that laid down in the Charts and Neptune Francois.

Q. Was the space for anchorage fot large ships
sinch confined in Aix Roads?—A. The space is much
confined ; I have not sounded myself ; I will state to
die Court bon; I ascertained the space is much con-
fined, and likewise the position : the whole spate they
uccupy in length• of line is three quarters of a mile ;
this report was given by Sir H. Neale to Lord Gam-
bier ; the enemy's fleet, the last time reconnoitred,
were abtiut south and by west, by compass, from the
citadel in.Aii Island;

Q.* Is. the naitigatinti •of Aix roads difficult for
la as fa as you 610,717—. A. Very moth so.
g!
IT What is the rise and: Wel the tide ?--A.,
should suppose Om eighteen to ribinty feet, the log
aft& Caledonia will prove this fact.
Q. Do You knoW di LordCoChrane's making any
ieport to me of the position of the enemy's fleet,. pre-
virnis to the 11th of April, 'in confequence of his hav-
ing feconnoitred .them Most: certainly I do,
they were placed nearly north-east, and west north-
west, by compass,. to the best of my recollection, the
day before the attack.
Q.. Did you know, previotts to the 12th of April,
Quarry anchorage about the Buoyart Shoal, near the
Palais Shoal, for 1.14 e of battle ships, without the
range of the, enemy's. abet k—A. I did not, nor have
I acquired knOwledge of it since.
Q. What distance .was the British fleet from that
of the enemy, wben at its first ancht'rage at Basque
Roads The Caledonia, from the citadel of Isle
d'Aix, was distance 11,900 yards. near biz nautical
miles, by admeasurement of angles, which I took for
the purpose.

O. Where were yoti eti the 'Mottling of the 11th of
April On board the Lyra
Q Where was the Lyra at that time ?--A. They
were w,.rking out from Isle d'Aia towards the fleet.
Q. Were the enemy's ships that were aground lying
so close together, that the yards et two of them were
locked together ?—A. I think not.
Q. Had any ships gone in on the morning of the
12th of April, to attack the enemy's ships, at what
time !ras it possible for them to 'return ?—:-A4 They
could not hare shifted their situation before the water
•.,:auld have shoaled so much, they would have
grounded.

Q. Had you an opportunity of observing the
strength of the current of the tide in the harbour of
the Isle d' fir

Q. Was it such, as far as you did observe it, as.
would admit of a fast-sailing ship -working over it,
and beating out against the good, as the wind was on
the loth of April ?—A. By repot, should-imagine
:hat no ship or cuttet could, by what lbharnee4iessd
::pm Pilats, and the narrowness of the , • •
Q. If then a part of the fleet had into the mad
1)1 Aix when the finperieuse made the first.,signal 'in
r.e mcrning, must it have remained 'within three.
'porters of a mile of those batteries till the ebb.,Made
is the afternoon ?—A. They might have shifted by
e flood, but then they would have got in it,i!orse
Q. Were you in the Road of Aix after the lirutsh
were placed for the purpose of attacking the
?—A. I was not.
Q. You have said that three of the enemy's ships
:ra in a line, were you afterwards in any situation'
;at enabled you to tell they were not new each other ?
No ; it was prior that I distinguished them se-
parate.

Q. Can you at all determine bow far they were
?—A. I should think not a ship's tenth from
c.ch ot;:er, those three.

Q. Were you on board the Caledonia when the
r' Lt was at sir.ale anchor I was on board the

Q. Were you on board the Caledonia when they
at,gircti?—A. I was.
_ _

At what hour (141 the fleet-ivies to app oech
'-e of Aix ?—A. About nine or ten o'clock ; and
'.me plain to anchor about half an hour afterwards.
Q. Alt::: anchoring again, what was the distance'
^! the Caledonia from the fort on the Isle P'Aht
A. Cross bearings gave it abopt three miles and a
• ~1, horn tzer.ce to three miles.

Mr. STOKES called.
Q. Where *ere you in the forenoon of the 126, of
April last ?—A. I was on board the Caledonia.
State how the wind was on that day, and the time
of high water.—From day-light in the morning, till
twelve o'clock, N.N. West, from ten to twelve N.N.W.
and N.N.E. from twelve to three in the afternoon,
from N.N.E. to N.N.W. the wind varying.
Q. Could any of the enemy's ships, on the 12th
of April, before they ran up the Charante, have an.
noyed, and reached any of the shins that might have
been sent in to attack them ?—A. The Foudroyant
and Cassard both lay afloat ; the Cassard about a
third of a mile distant from the Isle of Aix, and close
on the edge of the bank that extends from the Isle
d'Aix, to the N. W. Point of the Palais Shoal, the
Foudroyant also lay close to that bank, and, I sup-
pose, about three cables distant from the Cassard ;
the three-deckers lay with their broadsides flanking,
the passage, and would have fired with complete
effect on any ships that might approach,
Q. After the enemy's ships had run u? the Cha-
rente, could they have been approached by any of the
British ships ?—A. No.
Q. Is the navigation of Aix Roads difficult for
large ships, and much limited in space ?--A. Very
difficult for.large ships, deep water very much limited.
Q. Then the space for anchorage must be very
much confined, and water around it shoal ?—A. Yes.
Q. Were you employed sounding • and surveying
within the Isle of Aix ?—A. I was, from the 17th to
the 24th of April.
Q. Did the general knowledge you obtained while
so employed by my orders", agree with the chart, or
Neptune Francois,' of that part ?—A. In some parts
it agreed, in other parts I have found a wide differ-
ence ; the Neptune FrancoiS gave more water than I
found in many places.
Q. Did you sound between the Buoyart shoal and j
the Palais shoal ?—A. I passed between them three
or four times ; I took soundings at those times.
Q. Is the account that you gave of 16 and 12 feet
water, at low water, between these two shoals, de-
rived from the information of your own soundings ?i
--A. Not entirely from my own soundings, but from
the soundings taken by the master of the Dotterell,
whom I sent for that purpose, who reported, in
wrifingt. to ms those soundings.
what
is Had you any opportunity of ascertaining
is the rise of the tide in Aix Roads, or the vicinity of
Aix Roads, at spring tides ?—A. The lead wakbove,
and the depth of water carefully ascertained, every
half-hour, on board the Caledonia, until her depar-
ture from Basque Roads, whereby we ascertained,
beyond all manner of doubt, that the actual rise of
water in Basque Roads was nineteen feet in spring- '
tides, and eight feet in dead neaps.
Q. If the rise of the tide is 19 feet in Basque
Roads, must the rise be greater or less in Aix Roads?
—.A. The rise of the tide found in Aix Roads is 21
feet at high spring tides, which is more than we ever j
found it rise in Basque Roads.
Q. Could the three French ships which were
aground on the sand, and afterwards warped off, and
run up the Charante, ever have been attacked by line
of battle ships ?—A. No ; they never could have
come near enough for the shot to reach.
Q. Could any more of the enemy's ships have been
destroyed, had any of the King's ships been sent to
attack them at day-light on the 12th of April ?—A.
If we had atticked the enemy's ships on the morning
of the 12th, in the position of the —, Foudroyant,
and the three-decked ships, I think we should have
sacrificed our own ships without making any impres-
sion on the enemy ; the only tinle that they could
have been attacked, with any prospect of success, was
at the time the attack was made. The tide had then
ebbed, and the ships were fast on the ground, with
their sterns to the westward, and they could not bring
any guns to bear on the attacking ships ; and under
that circumstance, in my opinion, we owed our whole
success ; for had the French ships grounded .with
their Broadsides, in flanking the passage, they would
have been able to have defended themselves, and
could not have been attacked.

Q.. As you were employed some time in the Inner
Road of Aix, you had an opportunity of ascertaining
the strength at the vitt-rent of the tide in the Road of
Aix I had.

Q. Was it so strong as to prevent fast sailing ships
from working dyer it and beating out against the flood?
A. The Rood tide and the springs run at least three'
knots an hour, so that it is impossible that any ship
can work against the tide.
Q. a lien Chips going in at the end of the ebb must
necessarily remain during the whole of the flood ?
A. They must.
Q. You have said, that if any ships of the line had
gone into Aix Roads on the morning of the 12th of
April, they could not possibly have got out again
that day ?—A. They could not.
Q. Is that an opinion you have formed since yott
left Basque Roads, or was it your opinion on the 12th
of April ?—A. It was my opinion on the morning of
the 12th, and I have never had any reason whatever
to alter it.

-Q. Were. you consulted on the practicability of go..
ing in and out of the Road of Aix, bn the 12th of
April ?—s.A. I was not particularly consulted; but
Sir Harry Neale, on the morning of the 12th, seeing
the enemy's ships on shore, asked me what I thought
(or words to that effect) could be done in taking the
line of battle ships in to attack the enemy ? I told
him, perhaps we might destroy some of their ships,
but that we should sacrifice our own, having no idea
whatever of any of the ships being able to return.
Are you quite clear that you gave that opinion
to Sir H. Neale, on the morning of the 12th of April ?
Yes.

Q. I think you have said that you had no know-
ledge whatever of the anchorage within the Isle .of
Aix, where ships of the line may ride in five fathoms
water, till after the 12th of April ?- -A. I had no know-
ledge of that anchorage until after the 12th.
Q. If you had known of that anchorage before the
12th of April, would the tide have admitted ships of
the line to have gone to it on the morning of that day ?
—A. The tide would not have admitted the ships of
the line to have gone to that anchorage, until twelie
1
or one o'clock on that day.
1 Q. Were you on board the Caledonia on the after-
noon of the 11th April L.A. Yes,
Q. Do you know the cause of the fleet being moor-
lecl that afternoon ?—A. I mentioned to Capt. Bedford
about seven in the evening, the necessity of mooring
the fleet, that th.q might not swing on board of each

•
ottrer during the weather 134 er- mentioned it to
Lord Gambier, and the fleet was moored. To unmoor
'was solely the business of half an hoar.
Q. Had three or four line of battle ships been
• advanced towards the Isle of 'Air, and laid during
the night at single anchor, could they, by. weigh-
ing when Lord Cochrane made the signal,- about
five in the morning, at that tune of tide, have gone
into the road of Aix, without the greatest dangeri to
have attacked any part of the enemy Had
four sail of the line gone into Aix Roads, when.
Lord Cochrane nude the signal; they would there
have met a force equal to themselves; they would
have made an attack under every clisad+antage ; the
fire of Isle d'Aix, as well as the fire of the Fou-
droyant, the Cassard, and Ocean, would have been
directed on them, they had no place to retreat to,
and their only safety remained in the destruCtion of
the enemies ships, and in silencing the batteries from
the Isle d'Aix, which I am sure it would have been
'impossible for them to accomplish.
Q. Did you know any thing of the Calcutta strik-
ing ?—A. Yes : she had not struck when I was on
board the Imperieuse ; and l'Aigle, Unicorn, and
Emerald had anchored and fired on her ; one of her
shot struck a boat astern of the Imperieuse after they
had anchored and fired ; the Indefatigable had not
anchored when I left the Imperieuse:
• Q. Were the ships and vessels sent in to attack the
enemy as soon as it could have been done with pro,
priety, considering the state of the wind and tide
;A. They were, in my opinion.
Q. From the first attack made on the enemy's
ships, to the final cessation of hostilities against them,
was every thing done that could be done to effect
their destruction ?—A. Every thing was done that I
could be done to effect the "destruction of the sue-
t my's ships.
Captain Bunn called in and sworn.
Q. Do you recollect the situation of the enemy's
fleet, on the morning of the 12th of April, at day-
light I—A. I do ; I think it was represented in the
chart of Mr. Stokes, now before the Cpurt.
Q. Do you recollect the telegraph signal being
made from the Imperieuse, on the mottling of that
day ?—A. I do.
Q. What was that signal ?—A. I think, that half
the fleet could destroy,the enemy's ships.
Q. At what distance was the Imperieuse from .the
enemy, and from the Caledonia, when they made that
signal ?—A. The Caledonia was about six miles from
Isle d'Aix, and the Imperieuse about half way--
about three miles.
Q. Had I sent in line of battle ships that day to Aix
Roads early in the morning, or soon after, were any
of the enemy's ships in a situation to have enabled
! them to rake or annoy our ships as they advanced ?
A. Two of them were lying with their broadsides to-
wards the entrance, and would have considerably an-
noyed any ships sent against them.
Q. Were any of the enemy's ships that were
; aground capable of annoying our ships ?—A. Early
in the morning they lay with their broadsides towards
the entrance, and I think they were capable of an-
noying the ships.
Q. What number of guns were there on the bat-
teries of Aix Island ?—A. When at anchor in Aix
Roads, I counted fifty ; there might have been more;
but I am certain there were not less.
Q. Did the enemy throw shells from the Island.?
;A. They did.
Q. Can you speak at all of the number of mortars
they had I—A. No, I cannot.
Q. If any of our line of battle ships, advancing
under the circumstances just stated, had become
crippled, could they have returned that day before
night ; or what would have been the consequences ?
• A. I do not think, under all the circumstances, that.
if the line of battle ships had been sent in, they ever
would have returned ; I think it would have been
sending them to irretrievable destruction.
Q. When I sent you into Aix Roads, what were
the orders, in the afternoon of the 12th, I gave you ?
were they discretionary or not ?—A. To use my ut-
most endeavours to destroy the enemy's ships ; I con-
sidered them discretionary, in the same measure, as
the sole responsibility rested on the Captain ; the
Pilot having refused to take the ship in.
Q. Do you recollect what time I gave you the or-
ders ?—A. The first order I received from the Corn-
mander in Chief, was at eight o'clock in the morning,
to anchor near the Buoyart Shoal, and within the range
of shells of the Isle d'Aix. The second order I re,
j ceived was at two o'clock in the afternoon, to pro-
! coed in.

Relate to the Court your proceeding in Aix Roads,
until your return to Basque Roads.—About half-past
two I weighed anchor; I went in, in coMpany with
the Revenge, to the attack of the enemy's ships; our
frigates were lying in close line, about N. and by W.
to S. and by E. rather a curved line ; I anchored to
the southward of them, close to the Indefatigable,
and a little after three we commenced our fire on the
Calcutta, when shortly after I observed her crew
abondoning her, leaving her colours flying. We then
directed our fire to the Aquilon, Ville de Varsovie,
and Tonnere, as we could get our broadside to
bear on them. The Ville de Varsovie's crew partly
left her, and I think she was taken possesSlon of by
the Unicorn's boats The Aquilon was the only
I ship that struck her colour::, and the Tonnere, at
five o'clock, was left by her crew, who set her
on fire. As the tide fell, the Revenge grounded;
but by the exertions of Captain Kerr she was soon
fill got off, and went between the Buoyart and Palais ;
the frigates all followed her, except the Imperieuse,
which ship grounded ; at six that evening, in mooring
the Valiant, she grounded on a shoal, and remained
until 11 o'clock that night ; the tide rose and she got
off. At low water, there were 17 feet water alongside
her. There were four fire-ships prepared by order of
the Commander in Chief, and sent in afterwards ;
two to have gone against the Foudroyant, under the
orders of Captain Seymour, and two against the
Ocean, a three-decked ship ; it was half-past eleven
o'clock before they were completely ready, when the
wind being baffling, and at times blowing directly
out, I applied to AclmiralStopford for some gun-brigs
to cover the retreat of our boats, the enemy's boats
being moored in two lines across the stern of the
Ocean, with boats in advance. As the wind conti-
nued to blow directly out until four o'clock in the
morning. I judged the attempt to be impracticable,
and therefore ordered die fire-ships to move to where
.the Imperieuse was lying, and follow the directions
of Lord Cochrane. At half-past three o'clock, the
•

' •

_ . . _....
prisoners hieing —arrived from -cite Aquaso)i.' ' and Vilie'le
Varsovie, and the water at that time up to heir orlop
decks, I ordered them to be set on fire, and at day-
light I weighed, in obedience to a signal tram Admi.:
rat Stopford, and proceeded to Bisque Roads.
Q. Was not the Valiant, and were not some Of the
other ships that were aground, in a very perikus situa-
tion ?—A. The Valiant visa try a • irerY- perilous sitna-
,"•tinslii mud nothing- but the wind shiftingi and bloiiing
directly out, saved her front being wrecked.
-State the enemy's shipi that were destroyed, at well
' as thcise rendered urifit for service.-There were four
of the French 'ships destroyed. I think the Others
must hive been consideiably damaged, excepting
twos from.* beirig on shore:
Q: What is your oPiriiiiii of die, poOtinii •aken by
Captain Kerr', of the Revenge ?—A. It is impossible
that a Ship Could be better placed than the Revenge,
and indeed the general. cOnduct Of the Revenge on
that dad ftflectsthe highest credit On the zeal and
bravery of her captain: - . .
Q. Did the Revenge go Within the Istiperie-tise and
Other frigates, arid relieie them from the fire of the
batteries, it well ai from the eneniy'S ships i —A. She
anchored the nottherrunott and easternmost ship,
stbOtit three cables' length within the iniperietise, a.id
Appeared to Inc to draw the fire of the batteries of
the Isle d'Aix from the frigates td her ; the fire from
!the enemy's ships throughout, from their helpless situ-
atiOn, Wag very slack, and I never thought it was an
object to be protected from it.
Q. You have stated that tlit ketrenke_siat Very ju-
diCiotisly placed, and yOti ha* &sallied the conduct
of that ship at having been highly meritorious on the
occasion; were not the other ships and vessels engaged
with the enemy; .placed as adVantageogsly as they
could have beet' i according as peculiar circumstances
existed; and did it not appear to yob, that the Cap-
tains and Cominatiders.of them conducted themselves
with equal Zeal ..for
.the public service ?—A. The
utmost zeal was manifested by every ship engaged ;
I think it itkpossibie they' could be better placed for
the destruction Of the enemy's ships than they were.
The Court here adjourned till this mOrning at nine
o'clock. •

IVAIPAL ThT L IGENCE.

CORK; JULY 27.

• •

Arrived aliont 4.0 tail of transports from Lisbon.
PLYMOUTH DOCK, JULY so.
Arrived, the CECILIA tender, from Cork, with im-
pressed men.--Sailed, the CADMUS, for Dartmoor.
PORTSMOUTH{ JULY st.
Arrived his Majesty's ship NYMPH from Portugal.
flailed the ANT and DEXTEROUS, with about thirty
transports, to the Eastward.—Wind W. S.W.
ICINGSTON, JAMAICA, JULY 8.
The Moselle brig, of 18 guns, arrived on Tuesday
at. Port Royal: She sailed from St. George's, Ber-
muda, on the 14th April, and left there the Swift-
sure of 74. guns, Junon frigate, of 10 guns, and the
Horatio frigate, of 38 guns. Two days previous to
her sailing, a large than of war schooner, and two
merchant brigs, captured by two of the squadron be.
longing to the Halifax station, arrived at. Bermuda.
In the Mona Passage, on the 21st tilt. the Moselle
descried a strange vessel, suppposed to be an enemy,
from her not answering signals, and got within two
miles of her, when she discovered her to be a French
frigate, full of men. She laid to for a considerable
time, but did not attempt firing a single shot at the
Moselle, When Captain Boys, in consequence of the
inferiority of his force, left her, and proceeded to St.
Domingo, to acquaint do- squadron of the circum-
stance. The following day, off the Island of Mona,
the Moselle spoke to the Aurora frigate of 28 guns,
and informed her of her having seen an enemy's vessel.
—The Aurora also communicated the intelligence to
the Princess Charlotte frigate of 38 guns, bound to
Cork; which she fell in with shortly afterwards, and
she proceeded in quest of the enemy with every hope
of being able to come up with her. The Aurora, a
few hours after parting with the Princess Char.o:t
rejoined the squadron off St. Domingo. On the 23d
the Moselle spoke the Pelican brig, of 16 guns, Cap.
tarn A'Court, from Curacoa, bound to this island.
She had convoyed five sail of merchantmen from Cu-
racoa bound to London, through the Mona Passage,
and parted from them on the 19th, all well. On the
23d the Moselle also joined the squadron off St. Do-
mingo, consisting of the Polyphemus, of 61 guns ;
Aurora frigate ; Tweed and Thrush sloops of war ;
Satellite, le Griffon,. and Pert brigs ; and the Pike
schooner. The Moselle left them on Saturday last,
at which time they were all moored with springs on
their cables, preparatory to making a joint attack
with the Spaniards on Fort Jerome, which it was un-
derstood would take place on Monday morning last.
Several Shrapnell's shells have been thrown into the
city, by a detachment of the Royal Artillery under
the command of Lieutenant Faddy., which had do &+
considerable mischief, and killed several of the inha-
bitants.
On Monday the Moselle spoke the Star sloop of
war, of 18 guns, Capt. Patterson, from this island to
Barbadoes, all well.
Arrived the brig Charles—She sailed from Kenne-
bank on the 12th April ; on the 30th, in lat. 26. she
fell in with a frigate and a merchantman, bound from
St. Kitt's to England. About two hours after, she
spoke a large merchant vessel from Demerara, also
for England. On the 16th ultimo, the Charles wds
brought to, about ten leagues to the westward of Cape
Nichola Mole, by Christophe's squadron, the Com-
modore of which ordered her to Gonaives, where she
arrived on the 19th, and was compelled to pay ten
per cent. duty on her cargo before she was allowed
to depart, which she was permitted to do on the 20th.
BREAM—This day no Court of Aldermen was field.
The LORD MAYOR after inspecting the returns of the
Bakers' Company and Meal Weighers, ordered it to
rise 2d. per peck.
Buckle, the celebrated jockey, was thrown from
his horse at the Lewes races, by coming in contact
with a carriage, and reteived a severe contusion on
his side and right thigh.
Yesterday morning, about one o'clock, a fire was d is
covered in the underpart of the upholsterer's, No. 43,
in Bedford-street, Covent Garden. The fire, la a__iough
at first alirming, was h ippily extinguished in the
kitchen where it began.

►.


In proCeeding to Cr
of Falmouth, when
the ettemy'a fleet froi
line and 2 frigates,
24th of February, wl
the 4 sail of the line
in the Aix Roads. '
to the Admiralty,
Lordships, on the
the Caledonia, Tonto
Begone; together wi
sets under my comm
at Plymouth, to font
Stopford, command
Rochefort. IN
foun my
of March, I d
with the Caul:, Delta
had, in the courio c
'Triumph,
by Captain
'Triumph, Valiant, I
shortly after by the
fleet had moved froze
taken anchorage then
four frigates. In con
niviganon, one of the
Judging that the occt
fleet under my con=
either for blockading
offensive operations,
1 immediately order
fleet to pmceed in, a
weather, its sounding
order to aseertain the
pied by a fleet of the
orders.
• [lbe rest of the Defer
morrow, owing to want
niched winsesses were Ca:
embraced--The following
Mr. ErVARD Fa
Q. Were you empl
Basque Roads and u
the 12th of April ?—n
position of the enemy
. State the general se
ployed.—l was mostl
and found that it est
mile to the eastward
down. I will state to
cribed to the Court),
that laid down in the
Q. Was the space
innch confined in Aix
confuted ; I hal. not
the Court bow I asci
finch and likewise the
Occupy in length. of 1
this report was given
bier the enemy's Be
were abtiut•south and
citadel in.Aii
Q.. Is. the nairigat
large ships, as far as ;
Qt What is the ri;
should suppose from e
Of the Caledonia
Q. Do 'you know riC
irport to me of the pc
rinds to the 11th of A
fag reconnoitred Abet
they were placed neai
West, by compass,. tb
day before. the attack.
Q.. Did you knoie
;Dian), anchorage abo
Palais Shoal, or lira
range of the, enemy's.
I acquired knOwledge
Q. What distance
of the enemy, when
Roads The Ca]
d'Aix, was distance
miles, by admeasuren
the purpose.
Q. Where were yot
April ?.-A. On boar
Q Where was the
sere w eking out frot
Q. Were the enemy
so close together, that
locked together ?—A.
Q. Had any ships
12th of April, to am
time -.vas it possible 1
could not have shifted
. . •

IMIMMI.

lIV lIVTELLIGENcE.
COURT OF CHANCERY, JULY St.
WAYWARKET THEATRE.—NIORLUS 4. COLEMAN.
This cause came on upon the motion of Sir SAMUEL
Rosttu.y,. on behalf of the plaintiff. The cause stood .
adjourned from the last Seal, for the purpose of pro- r
curing further evidence, by fresh affidavits, to ground.
the application for a manager of the theatre in the
room of Mr. Colman, the present neamger, and part
owner of the concerns, who from his disability, by
being a prisoner within the Rules of the King's Bench
pris, n, is charged with incapability to mainige the
business on that ground ; there being certain duties
to be performed in a house adjoining at the back of
the theatre, which a Ruler of the prison cannot per-
form.
The charge now adduced in addition, was the
withholding from performance a certain favourite
piece, which attracted full houses, and by such with-
holding reducing the reeeipts from 19.51. to 1131. in
the course of a few nights. A fresh affidavit was
produced to this effect, with an offer of compliance
with the CHANCEELOR'S former directions for a con-
sent of both parties to go before the Master, and agree
to the terms of a deed which could be acted upon, to
continue the business, with a Erection to take into
consideration, in• the intended articles of agreement,
the circumstance of Mr. Morris, the plaintiff, having
purchased a part, share, or moiety of Mr. Cobrian s
interest in the theatre, as to apportion the quantum
of his influence in future in the regulation of the business.
Mr. HA nr, for the defendant, argued in 'support
of his competency and talents for conducting the In-
stitution, and the success of his labours therein. There
was strong assertion against assertion between the
learned Counsel, but some difference of opinion as to
the terms of the proposed deed ; but both consented
to articles of agreement of some kind as indispensa-
bly requisite for continuing the performance.
The LORD CHANCELLOR observed, that much as
the subject had been discussed, he felt great difficulty
in the duty imposed on him to settle the terms of ar-
ticles for perpetual performance of the business of the
Haymarket Theatre ' • that be should do it in the best
Ray in his power on Wednesday next, on seeing the
draft of a deed to that effect, prepared by a Mr. Hall
and a Mr. Bell, to whom the adjustment of such deed
had been lately referred by the mutual consent of both
parties, as persons the most competent for the adjust-
ment of the articles of co-partnership.—Adjourned to
Wednesday next.
ILLEGAL NtARRIAGE.—HINTON v. CULVER AND CREW.
This was a motion for a receiver of the assets of a
Mr. Calver, the Testator in this cause, who hid left.
a considerable fortune, real and personal, by his
will. The will was duly proved by the widow of the
Testator's. nephew and her infant son, she being
pregnant at the t;me of her husband's death of the in-
fant heir, who of common right was to inherit the
real and in common with his mother the personal
estate of his father, who had died after the age of 20
years, but before he attained the age of 21, leaving
the wife enceint. The marriage was not solemnized
by bans, but the consent of the defendant Crew, the
executor, was had. The father dying before the age
of twenty-one could not confirm it nor make the
executor a guardian.—Motion granted.

•1mm1a.01,6

ASSIZES.
At the Assizes for Wilts three prisoners received
sentence of death, viz. T. Headley, for stealing a mare
from Streathma, in Surrey, which he sold in this
county ; Isaac Rag: ins, for stealing £l5O in the house
of Lucy Janis; at Pewsey ; and J. Bras, for break-
ing into the house of John Gibson, and stealing a
coat, a hat, .and other apparel.—They were all re-
prieved before the Judges left the city.
Jain Brims chargedon the Coroner's Inquest with
the wilful murder of Mary Marks, in Bradford, was
found guilty of Manslaughter, and sentenced to be
imp. boned 12 calendar months.

YORK ASSIZES.
TUE KING V. HEUTIG.-.-THE KING 0. CROFT.

We are requested to correct an erroneous statement
which has appeared kr many of the London and pro-
vincial Papers as to the settlement of these causes.--
It was no part of the arrangement which took place
between the parties that a letter of apology should be
written by either of the Defendants, nor was any such
letter w►ritteu, neither did the Defendants meet.

J