Star.
London, England, 1811-10-17 00:00:00

PORTUGUESE PAPERS.

TRACT 97 A LETTER FROM GENERAL LORD WELLING-
TOS TO DON M. P. FORJAZ, DATED H.E.AD-QUAItTEILS
AT VIIENTE GVINALDO, SEPT: 18: • •
Neither the army of Portugal, nor that of the
North, has made any movement of importance since
my last dispatch to your Excellency of the llth inst.;
ktit they have both concentrated themselves more than
they were before. The army of Portugal is at pre-
sent posted between Bejar and Placencia, having its
advanced posts on this side, in Val de Fuentes; and
the army of the North, in the low ground of the river
Tonnes, and beiWeen it and the Douro.
" Since I trar.ssnitted my last dispatch to your Ex-
cellency, I Lave heard that the army of Portugal has
received a reinforcement of 4,000 men from Vallado-
lid, and %On; had recently arrived from France; be-
sides another, which antecedently formed a part of
that army, consisting of convalescents, whose num- '
her Ononnted to between and 3,000 men, who had
c4nne from Salamanca ; they have also received many
Loiles, as-well for the remounting of the dragoons,
a's fot the artillery service. •
" In my opinion General Abadia made his retreat
to Molina Seca in good order, though It took place
Under disadvantageous circtrinstancis, in consequence
Of having been commenced very late. •
• " Your Excellenq will have seen the accounts of
the events in Murcia subsequent to the 9th of August.
from these it will be seen that the army of Murcia
lost its main communication between Lorca and. Mur:
cia, in consequence of some error being committed;
and, that the different divisions were separated, arid
sustained i serious loss."

• OVIEDO, AUGUST
• ' Fcn► ecclesiastics, whom the enemy had carried as
prisoners into France, lately arrived in this capital.
They left Agen on the night of the 28th of June, bav:
in been favoured by some (rf the natives of the place.
Theo/ uniformly state the general discontent in France,
aceount of the oppression and state of distrust in
Which the people live ; and that the conscripts fly to
the mountains, &c.. They are not ignorant in France
of the advantages obtained by our arms, and• parti-
calarly by the Guerrillas ; and the names Of Mina,
Longa, Sanchez, &c. are as fatuous among them as
among us. spain is considered as the grave of the
-French youth ; the sons of rich famillet• upon whom
the conscription falls, can easily obtain inbstitutes if
they are destined for the North; bqt if for Spain, it is
very difficult and expensive to procure them.
OAGLIARI (SARDINIA), AUGUST B.
A person. worthy of credit, who has just arrived
from Genoa, gives the following account relative to
the person of the Holy Father. His Holiness was
still in Savona, about the middle cf July; his gdatds
were numerous, and admitted no person to see him;
his Holiness came everyday to a window, in order
to give his benediction to the people, who receiveclic
with much respect. •But when the above.percon was
setting out for Sardinia, eight days had elapsed since
the windows of his habitation wire opened. The guard
remained as usual ; but it was the general opinion
that his Holiness had been removed to another place,
and that the guard had been retained, to excite no•',
Suspicion in the people, who were penetrated with the'
most profound veneration for his sacred person. •
CADIZ, SEPTLAIBER 9.
In the Gazette of the 13th of July, an account was
given of a donation of 3,000 suits of clothing, and
twice that number of shirts and shoes, given by the
generous Eiitish Government, for the division of D.
Juan Martin, the Empecinado. Subsequently, Mr.
Peter Topper, his Britannic Majesty's Consul in the
city of Valencia, has brought another donation to that
iport still more considerable. It consists of 2000
muskets with bayonets; 100,000 ball•cartridges;
500 cavalry sabres; 400 pairs of pistols ; 40,000 car-
tridges for the same ; • six pieces of mouutain-artillery,
with their carriages complete ; 2400 rounds of ball
and cliain-shot ; besides medicines and surgical in-
'struments, in chests, for the regiments. There were
also 400 saddles, purchased by the produce of a sub-
scription in Englan.d, for mounting the cavalry of
Brigadier Kartip..

. •MADVD, AUGUST so.
The Junta appointed*to consider of the convocation
of the tortes,' (ippninted by Pepe) consists of the
State Counsellors, Arnao, Joven de Salas, Cambro-
tier°, and Aranza. It is probable that such a meet-
ing will take place I for, Joseph ' being unable to
allege any other right to entitle himself king but that
which was given. him •by the evidently tutile renun-
iiattni at .4ayoiine, wishes some other more insp,.sing
title : and being impOssible to assemble thes':: Cortes
either according to their alicimt form, or asiequired
by the constitution,- from the present state of the Pe-
innsula, he is desiroUs of getting up a farce, in order
to cover his usurpation. It was first suggested by
Vrquijo ;' who thinks, by this measure, • to mike Eu-
rope hielieVein the independence' of Spain. ' It would
`teem that the Cortes will meet in the late Ccinvent! of
Pt. Francis; frozri the preparatiops which are aviikk
p g
eg* to all as, ir - • •: , ••-••.,:•,• .: • • 4: -: :,
64,1, .;1 i li 0414•• •
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sMNJSN ?APZRS.

',ROM THE MARIO DE LAS CORTES.
On the occasion of entering upon the discussion of
the plan of the Constitution, the PRESIDENT delivered
the following Address :
" Senor—The day has at last fortunately arrived,
on which we are about to employ ourselves on the
great and principal object of our mission. This day
we begin to discuss the plan drawn up for die regu-
lation and improvement of the political Constitution
of the Spanish nation, and to lay The first stone of
that magnificent edifice which is to afford shelter to
our afflicted country, and to constitute the felicity of
the Spanish nation, by opening to us a new course of
' glory. It has therefore appeared to me becoming
the station I occupy so much beyond my merits, to
intreat you to bring to this discussion all your won-
ted attention, profound knowledge, and wisdom, and
at the same time, all that dignity and knowledge
which belongs to the Spanish character, and which
befits the object under examination. Far be from us
all little personalities, and academic disputes, which
are foreign to an object so august ! Let our discussions
be a model to posterity, and let us begin this great
work, by shewing to the whole world that it was re-
served for Spaniards alone to improve and regulate
their Constitution, while the Cortes were in a corner
of the Peninsula, amidst the din of hostile arms, and
while combating the greatest of all tyrant F, who mist
be more humbled by this step than by the destruc-
tion of his armies. I trust, at the same time, that
the public who listen to our debates, and whose hap-
piness and tharof their children is the subject of dis-
cussion, will observe the most profound silence, and
will abstain from all murmurs, and other acts unbe-
coming this sacied precinct, as contrary to the re-
spect which is due to the Cortes ; for it would be
very painful for me to be compelled to exercise the
authority which I have to repress any indecency of
this sort."

The following is part of the discussion which took
place on the 3d Art►cle of the Constitution 1
Ater. 3. " The Sovereignty resides essentially in
the nation ; and therefore the right belongs to it ex-
elusively of establishing its fundamental laws, and of
adopting the fornt of Government which itjudges
most suitable."
Senor AVER objected to the latter clause of this
article, as unnecessary. " The Spanish nation," he
observed, " was neither disposed to change the form
' of its government, nor, politically speaking, was any
other form suitable to it than that which the whole na-
tion and the Cortes had solemnly recogni zed, proclaim-
ed, and sworn to. This part of the article having
therefore only a prospective object, what necessity
was there for laying down a principle, the conse-
quences and effects of which had only a remote ob-
ject in view ? Besides, this clause had a tendency to
render the Government precaridus and vacillating,
which in every view was prejudicial to a nation:—
The..ttability of a Government gave it vigour and
energy, and deprived of all hopes that fickleness of

tcmper and impetuosity of passion, which, under the
pretext of apparent convenience, .would transform
and revolutionize a Government, which extraordi.

nary events alone, and the acknowledged welfare Of
;the;Nseople, ought to alter, on the principle of talus
supremo • If, in consequence of the muta-
tions introduced by time and the instability of hu-
man instfiutions, a necessity should arise fez making
changes in the form of government, then the save-
reign.people, consulting their true interests, Rnd in
virtue of the rights which belong to them, will adopt
the necessary measures for that purpose; but what
necessity is there tp announce a miteiple, which ex-.
traordinary events alone, and a long series of 'years,
are likely to render possiblg Lastly, the honour of
the Cones appears to require that this clause should
be suppressed. Your Majesty has had many enemies,
who, since yotfr installation, have not ceased to
charge us with following principles entirely demo-
erotical ; and to assert, tnat our object was to form
a republic. Let us remove all occasion for such
charges. The interpretation also which foreign na-
tions may put upon this principle deserves attention.
—lt is fit that, in our establishment of fundamental
laws, we should consider the relations which we may
have with foreign powers, avoiding every thing that
might induce them to draw back trom co-operating
with us in the deliverance of the Continent, under the
pretence of distrust. On all these grounds, I move
that the last clause of the article be suppressed.
Senor A.RGLT.LLES defended the views of the Com-
mittee of which he was a member, in framing this
article ; while, at the same time, he did not mean to
oppose the judicious reasonings of Senor Aner.
44 The Committee," he observed, 44 were aware that
endeavcurs would be made to render their labours
suspected. The clause, in itself, was useful and
harmless ; but bad faith, by giving it a forced mean-
ing, really promoted the accursed designs of Napo.
leon, who had endeavoured to deceive the unwary,
by a ridiculous attempt to depict the Congress as
composed of revolted and revolutionary men. Un-
fortunately, he has succeeded in deceiving some by
so gross an imposture ; but the slightest consideration
is sufficient for its detection. Those who, in Spain,
wish for no reform, nor any constitution, and whom
that system only pleases under which they ordered
every thing according to their pleasure, and without
any responsibility, will; no doubt, pronounce the ar-
ticle insidious and fallacious, and will endeavour to
excite mistrust and suspicion in the public mind; but
the Committee were perfectly aware of the existence of
this class of enemies, and submit their labours to the
good sense and sound judgment of the Spanish people.
" How could it enter into the contemplation of
any man, that the Committee were hostile to kingly
authority ? Spain has in all ages been governed by a
monarchy ; and the Committee were fully impressed
that the solemn manifestation made by the Spanish
nation in May, 1808, in all parts of the monarchy, at
the same moment, in the same mode, and without
previous deliberation, proclaiming freely and sponta-
neously Ferdinand Vii. as their only lawfial King,
must have afforded the surest proof to all the nations
of Europe of their constancy and irrevocable "resolu-
tion.' This alone is superior to all elapses and writ-
ten documents. How, turn, could the Congress, who
represent the Spanish people, depart in the smallest
from their sovereign mandate
" "' The Committee were also aware how far they
ought to be actuated by consiclerations with regard
to foreigu powers; but 13.30i5h ARtioll is free and
• .

independent; and the Committee would have ems-,
promised those invaluable rights, had they proceeded
in their labours with servility. The law of nations
had long established and consecrated this great prin-
ciple—that no nation had a right to interfere under
any pretence in the internal and domestic regulations
of another. Spain has always been most scrupulous in
the observance of this salutary maxim. Her faithful
ally can bear witness to this truth ; for, in the most
calamitous times of her revolutions, this principle
was respected by us and by all Europe : and at the ,
most remarkable periods of her history, it may be
seen with how much independence she acted during
the protectorate of Cromwell, in the restoration of
monarchy, and after the abdication of James 11. iss
placing William 111. on the throne of England, Un..
der such limitations as she deemed proper :
Lions which she might have carried as far as she
pleased, without any other nation of Europe daring
to contradict her. The dissolution of all laws, and
of all rights, by the French Revolution; was that
alone which introduced the pernicious example of
disregarding a policy so wise and so useful. The
Committee, in their plan., have not introduced any of
those subversive principles which could cause alarm
or disquietude to other nations : but, at the same time,
they could not forget, that Spain, which has been at
all times the victim of the influence of foreign go.
v.rnments, ought now to destroy the very 'seeds of
the many wars and dissentions which such foreign
influence produced."
In the farther progress of the debate, the following
interesting account is given of the political Constitn.
Lion of the provit4e of Navarre, antecedent to the
Revoluticin
The Senor PRIMIDUNT observed, that Ferdinand
VII. had recognized and sworn to the sovereignty of
the nation, with the greatest solemnity ; and to this
it was owing that the province with regard to which
he took the oath, had neither, in respect to its autho-
rities or its people, submitted to the intrusive Oovern-
, mot, nor obeyed and circulated its orders, and what
was called the Constitution of llayonne, as was done
in other parts of Spain.
" Your Majesty will perceive (said the President)
that I here speak of the kingdom of Navarre, which
I can never cease to recollect without emotion. In the
General Cortes of that kingdom in 1795, which ac-
knowiledged Ferdinand VIL as hereditary Prince, he
swore on the"! Ith of January, as did also the King
his father as his tutor—' to observe and maintain all
the laws, ordinarces, customs, and usages of that
'kingdom ;' not to coin money without the will and
consent of the Cortes ; not. to make laws but upon
their proposition ; and the oath concluded with the
following remarkable words Should I act con-
trary to what I have sworn, either in whole er in
part, then you, the three estates and people of Na-
varre, are not bound to yield obedience in any way ;
but the whole shall be null, void, and of no effect:—
Such was the form of .due oath taken by our Kings in
Navarre, as ancient as the iirigin of the Monarchy,
and which has been hollowed without interruption
down to our days, its Cortes being held with a full
attendance of Members, their List meeting having
been in the year 1800. In its Constitution, the word
Sovereign' is not to be found, but that. of King
6 vassals' are never spoken of, but subjects ;" and, in
fine, the Kings engage to maintain, observe, and guard
the laws, privileges, customs, and usages ; in Joins
which, they recognise the sovereignty of those lylio
made those laws,
44 Let us now shortly consider what effects these
privileges produced oponthe public authorities, and
the people of that kingsto:n. When orders were cir-
culated in Castile for the acknowledgment of the in-
truder
Joseph—when the public authorities there 1
yielded in a cowardly and disgraceful manner to the
orders of the tyrant Napoleon ; the Council of Na.l
Sarre, and the deputies from that kingdom, though
doey were in Pampeluna, of which a strong French
purism] was in possession, notwithstanding, replied,
daat they would not execute such commands ; for
the choice of a Sovereign, and the establishment of
laws, were points that belonged to the General Corte;
alone ; that is, to the nation. It is now three years,
since the Council of Navarre, to which I had the ho.
nour to belon3, sustained this terrible attack, which
compelled us to abandon our homes and families to
save our lives, in consequence of having persisted in
our refusal ; and as fiscal and defender of our laws
and Constitutions, I found myself compelled solemnly I
to protest against every infraction of them. The only
shield and support which the Council and Deputation,
of Navarre then had, was a conviction that all in that
kingdom, even the very women, knew their privi-1
leges and their rights ; and they shewed that they did
so at the time. Such are the effects of a clear ands
well-established Constitution."
After a very long discussion, the first clause of this
article was carried by 123 votes against 24.
The latter clause, 46 and of adopting the form of
Government which it judges most suitable," was re- °I
jected by 86 votes against 63.
GENERAL ORDER OF THE FIFTH ARMY, IPROM THE 14111
TO THE 15TH SEPTEMBER.
The brave soldiers of the sixth army have covered
themselves with glory, as well by the valour with
which they have fought, as by the order with which
they have manoeuvred.
On the 25th ult. a French army presented them.
selves to attack ours, with a view of rallying and
dispersing them ; but our troops, commanded by
General Abada, manoeuvred in presence of the enemy,
and by rapid and precise marches brought him to the
position in which he wished to fight, and there awaited
him with a confidence which announced victory. The
enemy, accustomed to owe their triumphs to their 1
boldness, tried to force the position, but meeting with!
brave opponents, were vigorously repulsed, after suf-
fering a very considerable loss, reckoning among their 1
dead a General and a Colonel, and among their
wounded three of the latter. 1
The battalion of infantry of Rivera has distinguish-1
ed itself particularly, defending a position four hours
against the attacks of four battalions of the Imperial
Guard ; among which they made a considerable
slaughter. The enemy having suffered this carnage,
made a precipitate retreat, leaving in our hands many
of their wounded, and provisions enough to maintain
the army three days.
The division of General Porlier, of the seventh
army, took possession; on the 14th ult. of the city and
forts of Santander, after a long and obstinate battle, 41
which our troopsdisplayed an extraordinary courage. '
, The enemy sustained a loss of 5 or 600 saws jaded.

ing 100 prisoners, besides three chiefs and 14 officers
The forts which defended Santander against us were
demolished ; the action was carried on with the bay.
onet in the streets, Ind the enemy could in no pan
resist the impetuosity of our soldiers fighing with thi►
weapon. The greatest order in their attacks, and the
greatest precision in their movements, which renclore4
them invincible, presided over this glorious combat.
The General in Chief, who has just reason to hope,
when occasioi shall require it, for not less order or
intrepidity in the :.oldiers of the fifth army, makes
this known for their satiifaction.
(Signed)

GIRON'.

THE EVENING STAR.

LONDON.

Mr Owing to the late hoar at which the Sorrier:tent to the Rat
rate was published yesterday, a few Copies of our impression
did not contain Lord WELLINGTON'S Dispatches. We ban
repeated them, therefore, in goriest page of this day.