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pectation : that they had lost 1000 men killed, among whom a lieutenant-general and colonel, together with 800 wounded; that their object was to take the castle of St. Philip, in order to attack the place, and enter immediately with their squadron, and capture the Spanish squadron in the port. But that considering the defence made by the fort, and the warm and well-directed fire of the gun-bcats deferding it, they resolved upon retreat, which they immediately commenced about two o'clock in the afternoon in the greatest disorder, always fearing to be attacked. The same man likewife gives out, that he had heard the enemy expected another convoy more confiderable, which was fitting out in the posts of Britain for this object.

In the action which took place on the evening of the 25th and the morning of the 26th, we had seventy-five wounded of various corps, and of the navy, Don Aug. Matuto, lieutenant; and Don Miguel Godoi, midshipman, killed. The General commandant of the department praises very highly the activity, intelligence, and bravery with which the Marechal de Camp, Count de Dona. dio, conducted every part of the defence intrusted to him. He has every reason to be satisfied with the conduct and measures adopted by the governor of that place, the promptitude and zeal with which the Commandant-general of the kingdom of Gallicia repaired to the affistance of the department with the troops which he detached from Corunna. In a word, he praises the intrepidity with which the troops and officers, both of the army and navy, as well as the workmen, &c. of the arsenal concerned in repulfing the enemy, behaved, without being intimidated by their superiority.

His Majesty has learnt these transactions with the liveliest fatisfaction, and has been pleased to testify to Don Francisco Malgarejo how much he was fatisfied with his conduct, and the wife dispositions he had adopted. His Majesty is no less satisfied with the conduct of the Commandant-general of the kingdom, Don Juan Moreno, and other general officers of the troops, and others of the navy, who contributed to repulse the enemy in spite of every danger.

The King tenders.the same justice to the officers and troops under the command of the Marechal de Camp, Count de Donadio, reserving the recompense due to them till he receives more circumstantial accounts. Meanwhile, his Majesty has given orders that two months' pay, or appointments to every individual of the corps or troops of the army and navy who allifted in repulling the enemy, shall be allowed them as a mark of his approbation,


Answer of Count Bernstorff to Mr. Merry's Memorial.- Extrafled

from the Moniteur. HAN SAVING before alluded to the official note communicated to

Count Bernstorff by Mr. Merry *, the English chargé d'affaires in Denmark, relative to the Danish frigate attacked by the English in the Straits of Gibraltar, we now find that the Danith Minister made no delay in signifying his answer. Count Bernstorff reasferts the facts that had been inaccurately represented, .and overturns, by the triumphant arms of reason, and of the imprescriptible right of nations, the strange doctrine which England is now anxious to support, without being actuated by any other motive than her own convenience, and a groundless hope and confidence in her own strength and resources. The following are the leading points of the Danish reply :

“ Both custom and treaties have, no doubt, conferred on the belligerent powers the right of searching neutral vefsels not under convoy by their ships of war, &c.; but as this right is not a natural one, but merely constitutional, its effects cannot be arbitrarily extended beyond what is agreed to and conceded, without violence and injustice.-But none of the maritime and independent powers of Europe, as far as the undersigned has observed, have ever acknowledged the right of permitting neutral ships to be searched when escorted by one or several ships of war; and it is evident they could not do fo without exposing their flag to degradation, and without forfeiting a certain effential proportion of their own rights. Far from acquiescing in these pretensions, which at prefent are no longer acknowledged, most of those powers have been of opinion, since this question has been stirred, that they ought to hold out an opposite principle in all their conventions respecting objects of this nature, in conformity with a number of treaties concluded between the most respectable courts of Europe, which contain proofs of the propriety of adhering to that principle. The distinction attempted to be established between ships with and without convoy, is, moreover, equally just and natural--for the former cannot be supposed to be in the same predicament as the latter. The search inlifted upon by the privateers, or state ships of the belligerent powers, with respect to neutral bottoms not accompanied by convoy, is founded on the right of acknowledging their flag, and of examining their papers, The only question is to ascertain their partiality, and the regularity of their instructions, When the papers of these ships are found in strict order, no further examination can be legally enforced; and it is consequently the authority of the government, in whose name these documents

See Mr. Merry's letter, page 22,

Vol. X.


have been drawn up and issued, that procures for the belligerent power the required security. But a neutral government, by efcorting by the armed ihips of the state the commercial ships of the fubject, thereby alone holds out to the belligerent powers a more authentic and positive pledge than that which is furnished by the documents with which these thips are furnilhed. Nor can a neutral government, without incurring dishonour and disgrace, admit in this respect the least doubt or suspicion, which must be as inju. sious to that government as they would be unjust on the part of those who should entertain or manifest them; and if it were to be admitted as a principle, that the convoy granted by a sovereign does not secure thips of his subjects from being visited by the state ships or privateers of foreigners, it would follow that the most formidable squadron should not have the right of relieving from a search the ships intrusted to its protection, if that search was ex. aced by the most pitiful privateer. But it cannot be reasonably fupposed that the English government, which has uniformly, and on the most just grounds, shown a marked jealousy for the honour of its flag, and who in the marítime wars, in which it has taken no part, has, nevertheless, asserted with vigour the rights of neu. trality, would ever consent, should such circumstances occur, to an humiliating vexation of that nature ; and the King of Denmark reposes too much confidence in the equity and loyalty of his Britannic Majesty,.10 harbour a suspicion that it is his intention to arrogate a right which, under fimilar circumstances, he would not grant to any other independent power. It seems sufficient to apply to the fact in question the natural result of these observations, in order to make it evident that the captain of the King's frigate, by repulsing a violence which he had no right to exped, has done no more than his duty, and that it was on the part of the English frigates, that a violation of the rights of a neutral sovereign, and of a power friendly to his Britannic Majesty, has been committed. The King has hesitated to fignify any formal complaint on this head, as long as he regarded it as a misconception which might have been done away by amicable explanations between the respective coinmanders of the naval force which the two governments kept up in the Mediterranean ; but seeing himself, much to his regret, disappointed in that hope, he has only to in fift on the reparation that is due to him, and which the justice and the friendship of his Britannic Majeity seem justly to be called upon to secure hiin.



Army of Italy. General Orders. Head-quarters at Milan, Sept. t. A REGARD to the security of the military stores and provi

fions; the safety of individuals belonging to the army when travelling on the roads; and the tranquillity of the country,'endangered by the numerous outrages committed in the territory occupied by the French army, impose it as a duty on the General in Chief to destroy those bands of robbers and allaflins, or emissaries of the enemy, who inake violence and crimes of every

fort accompany the progress of the army. The General in Chief, therefore, ordains, that the following articles Phall be carried into execution in the Cisalpine, Ligurian, and Piedinontese republics :

Art. I. Within twenty-four hours after the publication of the present arret, all the citizens belonging to any corps or batialion of militia (with particular exceptions), thall deposit thcir muskets in the chief places of the distriets or cantons.

2. The national guards shall deposit theirs in the places pointed out in their respective communes. These arms shall be ricketed, and kept ready for the service appointed to be performed by the said militia corps or national guards.

3. Every individual, not belonging to the service, found in the daytime armed with a musket, ihall be punished, for the first offence, with one month's imprisonment, and the confiscation of his musket; and, in case of its being repeated, with imprisonment for one year.

4. Every individual, not belonging to the service, taken with a muiker in his poffeflion during the night, shall be condemned to one year's confinement in irons; and for the second offence shall be punished with death, as one accused and convicted of endangering the safety of the army.

5. Every individual on whom shall be found a stiletto or po. niard, shall be punished with death.

6. Those who shall apprehend any individual contravening the present regulation, thall receive a recompense in proportion to the service performed.

7. There Thall be appointed three extraordinary courts martial, each confisting of seven members, who shall exclusively have the power of trying all persons accnfed of robbery and affailination on the highways, and of disobeying the present regulation. The Sentence shall be pronounced, in twenıy-four hours after the prisoner thall have been brought before them. The existing laws shall continue to be executed in every thing which is not inconsistent with the present arret.

8. These extraordinary courts martial shall meet at Milan, Turin, and Genoa. 9. The present arret Mall be inserted in the general orders of

the army, printed, placarded, and communicated to the ministers extraordinary, and the Cisalpine, Ligurian, and Piedmontese governments.

Notification of General Kray to the Imperial Army on the Resignation

of his Command. HIS Imperial Majesty having found it convenient for the service

graciously to recall me from the command, and as I have already surrendered it to Field-marshal Count Collouwrath, the whole of the Imperial troops and of the troops of the Empire in the army, are herewith instructed to direct to him their reports and communications. I also think it my duty, herewith to teftify my warınest thanks and acknowledgments to the generals, ftaff and other officers, and the troops composing the army, for their indefatigable zeal and bravery, evinced while under my command, and to recommend myself to their further friendly remembrance,

(Signed) KRAY.

Report to the Confuls of the Republic.

Paris, 19 Fructidor (Sept. 6). CITIZENS Consuls, Franquetot Coigny was for a long time

at Paris the principal agent of the British committee.--A great number of papers which were seized, his own confeffion, and that of several of his accomplices, leave no doubt of the fact.

Franqnetot is at this moment in the Temple; his wife, in the hope that such an act of devotion would save him from arreft, had conducted him to General Morand, and the latter to the Minister of Police.

The engagements which had been entered into with Franquetot Coigny were unknown to me. He was arrested and carried before the tribunals; he will expiate his crime, but lię will be the victim of the confidence of his wife, in the assurance she had received.

On these grounds, Citizens Consuls, I think that the arrest of Franquetot Coigny ought to be considered as null; that it is worthy the loyalty of the government to place him in the situation in which he was before his person was secured, without, nevertheless, permitting this act of cquity to release him from the pursuit of justice, nor to free him from a regular arrest, should he be again found in the territory of the republic.




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