pectation that they had loft 1000 men killed, among whom a lieutenant-general and colonel, together with 800 wounded; that their object was to take the caftle of St. Philip, in order to attack the place, and enter immediately with their fquadron, and capture the Spanish fquadron in the port. But that confidering the defence made by the fort, and the warm and well-directed fire of the gun-boats defending it, they refolved upon retreat, which they immediately commenced about two o'clock in the afternoon in the greatest diforder, always fearing to be attacked. The fame man likewife gives out, that he had heard the enemy expected another convoy more confiderable, which was fitting out in the ports 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 feventy-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 praifes very highly the activity, intelligence, and bravery with which the Marechal de Camp, Count de Donadio, conducted every part of the defence intrufted to him. He has every reason to be fatisfied 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 affiftance 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 arfenal concerned in repulfing the enemy, behaved, without being intimidated by their fuperiority. His Majefty has learnt thefe tranfactions with the livelieft fatisfaction, and has been pleased to teftify to Don Francisco Malgarejo how much he was fatisfied with his conduct, and the wife difpofitions he had adopted. His Majefty is no lefs fatisfied 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 repulfe the enemy in spite of every danger. The King tenders. the fame juftice to the officers and troops under the command of the Marechal de Camp, Count de Donadio, referving the recompenfe due to them till he receives more circumftantial accounts. Meanwhile, his Majefty has given orders that two months' pay, or appointments to every individual of the corps or troops of the army and navy who affifted in repulfing the enemy, fhall be allowed them as a mark of his appro¬ bation. Anfwer Anfwer ofCount Bernstorff to Mr. Merry's Memorial.-Extracted from the Moniteur. HAVING 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 Danish Minister made no delay in fignifying his anfwer. Count Bernftorff reafferts the facts that had been inaccurately reprefented, and overturns, by the triumphant arms of reafon, and of the imprefcriptible right of nations, the strange doctrine which England is now anxious to fupport, without being actuated by any other motive than her own convenience, and a groundless hope and confidence in her own ftrength and refources. The following are the leading points of the Danish reply:- "Both cuftom and treaties have, no doubt, conferred on the belligerent powers the right of fearching neutral veffels not under convoy by their ships of war, &c.; but as this right is not a natu→ ral one, but merely conftitutional, its effects cannot be arbitrarily extended beyond what is agreed to and conceded, without violence and injuftice. But none of the maritime and independent powers of Europe, as far as the underfigned has observed, have ever acknowledged the right of permitting neutral fhips to be fearched when escorted by one or several ships of war; and it is evident they could not do fo without expofing their flag to degradation, and without forfeiting a certain effential proportion of their own rights. Far from acquiefcing in these pretenfions, which at prefent are no longer acknowledged, most of those powers have been of opinion, fince this question has been stirred, that they ought to hold out an oppofite principle in all their conventions refpecting objects of this nature, in conformity with a number of treaties concluded between the most refpectable 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 fuppofed to be in the fame predicament as the latter. The fearch infifted upon by the privateers, or ftate fhips of the belligerent powers, with refpect 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 inftructions, When the papers of thefe fhips are found in ftrict order, no further examination can be legally enforced; and it is confequently the authority of the government, in whofe name these documents See Mr. Merry's letter, page 22. VOL. X. have have been drawn up and iffued, that procures for the belligerent power the required fecurity. But a neutral government, by efcorting by the armed thips of the ftate the commercial fhips of the fubject, thereby alone holds out to the belligerent powers a more authentic and pofitive pledge than that which is furnished by the documents with which these thips are furnished. Nor can a neutral government, without incurring difhonour and difgrace, admit in this refpect the leaft doubt or fufpicion, which must be as injurious to that government as they would be unjust on the part of those who fhould entertain or manifeft them; and if it were to be admitted as a principle, that the convoy granted by a fovereign does not fecure thips of his fubjects from being visited by the state fhips or privateers of foreigners, it would follow that the moft formidable fquadron fhould not have the right of relieving from a fearch the fhips intrufted to its protection, if that search was exacted by the most pitiful privateer. But it cannot be reasonably fuppofed that the English government, which has uniformly, and on the most just grounds, fhown a marked jealoufy for the honour of its flag, and who in the maritime wars, in which it has taken no part, has, nevertheless, afferted with vigour the rights of neutrality, would ever confent, should fuch circumstances occur, to an humiliating vexation of that nature; and the King of Denmark repofes too much confidence in the equity and loyalty of his Britannic Majefty, to harbour a suspicion that it is his intention to arrogate a right which, under fimilar circumftances, he would not grant to any other independent power. It feems fufficient to apply to the fact in question the natural refult of thefe obfervations, in order to make it evident that the captain of the King's frigate, by repulfing a violence which he had no right to expect, 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 fovereign, and of a power friendly to his Britannic Majesty, has been committed. The King has hefitated 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 refpective commanders of the naval force which the two governments kept up in the Mediterranean; but feeing himself, much to his regret, difappointed in that hope, he has only to infift on the reparation that is due to him, and which the justice and the friendship of his Britannic Majcity seem justly to be called upon to fecure him. (Signed) C. BERNSTOREF. Army Army of Italy.-General Orders. Head quarters at Milan, Sept. 1: A REGARD to the fecurity of the military ftores and provifions; the fafety 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, impofe it as a duty on the General in Chief to deftroy thofe bands of robbers and affaffins, or emiffaries of the enemy, who make violence and crimes of every fort accompany the progrefs of the army. The General in Chief, therefore, ordains, that the following articles fhall be carried into execution in the Cifalpine, Ligurian, and Piedimontefe republics : Art. 1. Within twenty-four hours after the publication of the prefent arret, all the citizens belonging to any corps or battalion of militia (with particular exceptions), fhall depofit their muskets in the chief places of the diftricts or cantons. 2. The national guards fhall depofit theirs in the places pointed out in their refpective communes. Thefe arms fhall be ticketed, and kept ready for the fervice appointed to be performed by the faid militia corps or national guards. 3. Every individual, not belonging to the fervice, found in the daytime armed with a mufket, thall be punished, for the first offence, with one month's imprisonment, and the confifcation of his mufket; and, in cafe of its being repeated, with imprifonment for one year. 4. Every individual, not belonging to the fervice, taken with a muiket in his poffeffion during the night, fhall be condemned to one year's confinement in irons; and for the fecond offence fhall be punished with death, as one accufed and convicted of endangering the fafety of the army. 5. Every individual on whom fhall be found a ftiletto or poniard, fhall be punished with death. 6. Those who fhall apprehend any individual contravening the prefent regulation, fhall receive a recompenfe in proportion to the fervice performed. 7. There shall be appointed three extraordinary courts martial, each confifting of feven members, who fhall exclufively have the power of trying all perfons accufed of robbery and affalination on the highways, and of difobeying the prefent regulation. The fentence fhall be pronounced, in twenty-four hours after the prifoner thall have been brought before them. The exifting laws fhall continue to be executed in every thing which is not inconfiftent with the prefent arret. 8. Thefe extraordinary courts martial fhall meet at Milan, Turin, and Genoa. 9. The prefent arret fhall be inferted in the general orders of Q 2 the the army, printed, placarded, and communicated to the minifters extraordinary, and the Cifalpine, Ligurian, and Piedmontefe governments. Notification of General Kray to the Imperial Army on the Refignation of his Command. HIS Imperial Majefty having found it convenient for the fervice graciously to recall me from the command, and as I have already furrendered it to Field-marfhal Count Collouwrath, the whole of the Imperial troops and of the troops of the Empire in the army, are herewith inftructed to direct to him their reports and communications. I alfo think it my duty, herewith to teftify my warmeft thanks and acknowledgments to the generals, ftaff and other officers, and the troops compofing the army, for their indefatigable zeal and bravery, evinced while under my command, and to recommend myfélf to their further friendly remembrance. CITI (Signed) Report to the Confuls of the Republic. KRAY. Paris, 19 Fructidor (Sept. 6). ITIZENS Confuls, Franquetot Coigny was for a long time at Paris the principal agent of the British committee.-A great number of papers which were feized, his own confeffion, and that of feveral of his accomplices, leave no doubt of the fact. Franquetot is at this moment in the Temple; his wife, in the hope that fuch an act of devotion would fave him from arreft, had conducted him to General Morand, and the latter to the Minifter 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 he will be the victim of the confidence of his wife, in the affurance he had received. On these grounds, Citizens Confuls, I think that the arrest of Franquetot Coigny ought to be confidered as null; that it is worthy the loyalty of the government to place him in the fituation in which he was before his perfon was fecured, without, neverthelefs, permitting this act of equity to releafe him from the purfuit. of juftice, nor to free him from a regular arreft, fhould he be again found in the territory of the republic. (Signed) FOUCHE Proclamation |