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mercantile world, upon all occasions when the ministry are deserving of censure. Let the owners of the captured ships cry, therefore! Let the sooty roofs of Lloyd's and the Change re-echo with their howlings! In that their loss affects the country in general we ought to regret it; but, inasmuch as it affects themselves only, it will be a subject of perfect indifference to every man who understands the real interests of his country, and who is indued with that public spirit which will lead him to exclaim, "perish

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commerce, live the constitution." It is not hostility to commerce or to commercial mett, indiscriminately, that is here intended to be expressed; but if there be either side, on which one must be misunderstood, or misrepresented, that is the safe one; and, for myself, I have no scruple to say, that, if, to preserve commerce, it be necessary that the minister should, wher he thinks proper make secret loans of the public money to members of parliament, and that too, without interest; or if being detected in having so done, to let him escape with impunity be necessary to the preservation of commerce; if that be admitted, then I say, perish all commerce! just as I would say, take from me your infamy and your gold, and give me back my honour and my rags! The smooth, the oily, the half-whispering, the pension-dispensing, the job-transacting clerks may sneer; but, to sentiments like these must the people. of England return, or they and their children become the slaves of France.

and, perhaps, some reason for us to hope; but, even in that case, we should guard ourselves against the effects of a too sanguine reliance upon the consequences; for, we should never forget, that he who is disappointed in his expectations, makes for himself a calamity, which, but for his want of reflection, would never have existed. By a battle between Lord Nelson and the enemy, something might be obtained for glory; but, it would be naval glory, of which we have so much already and, as to the question between the countries, it would hardly produce more effect, than might be expected from the throwing of stones at a rolling cannon ball. The mass of the French power is coming on with a momentum, araust which a naval victory would tell hardly any thing. Reputation, on that side, the French have none to lose ; and, as to the loss of so many ships, with all Europe to furnish materials, as well as arsenals and workmen, it is, at most the less of a twelvemonth. We may cut their nails, so that they cannot scratch us quite so hard; but, they will grow again; and they can well afford to wait; for, as has been observéd by the planner of their system of warfare against us, TIME, "whose scythe is now two-edged towards England, is the friend and the guardian "of France." To what a situation, therefore, have Mr. Pitt's war and Mr. Addington's, or rather their joint, peace reduced us, when even the greatest event, which this country has been accustomed to look 10, a splendid naval victory, can make MR. FOSTER.It is curious enough, hardly any sensible difference in our state! that, at this time last year, we had two That war, and that ignominious peace, Chancellors of the Exchequer for Ireland, should never be considered separately; for, and that now, it is matter of serious doubt, It was the system, and consequent fortune, whether we have one. That MR. FOSTER of the war, that led naturally, and almost did resign is certain; but, from the report necessarily, to such a peace. And, will the of the Duke of Montrose being about to go nation repose confidence in the authors to Ireland, as Lord Lieutenant, it is probaof those measures? Will foreign nations ble, that Mr. Put has, at last, taken courage repose confidence in either of them; or in to decide against Lord Hardwicke; and, to any persons, who should unite themselves say the truth, this is the event to be desired; with them?Though there be no certain for the ministry in Ireland should be of a intelligence as to the course of the combi-piece with the ministry in England. His grace · ned fleets, there appears to be no doubt of their having actually captured a considerable convoy of our West-India merchant men, An event like this would have occasioned loud complaints at almost any former period of our history, even when the enemy disputed with us the empire of the sea. But, when the reader reflects upon the natural consequences of such measures as the loan to the Grenada merchants, and the " "commodation" to Boyd and Benfield, he will not be surprised at the silence of the

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of Montrose is so very fit a person to be a Ld. Lt. in the Pitt ministry, that, it is not sur prising that only two other persons have ever been spoken of as being preferable to him, namely, Mr. Canning and Old George Rose, These are, doubtless, persons singularly well adapted to co-operate with Mr. Foster;» but, taking all things together, I am of opinion, that that gentleman will prefer his Grace, as having somewhat more of dignity! about him than either of the others, and as possessing certain other qualities, which, for

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reasons too obvious to mention, may, for the present, as well be nameless.

NAVAL VICTORY.Since writing the above, the news of SIR ROBERT CALDER'S victory over the combined fleets has reached me. Upon such a subject there is no room for any thing but congratulation, except it be an expression of most severe mortification, that Lord Nelson did not come up with the enemy; and upon this topic I cannot refrain from quoting the ministerial newspaper, the SUN of Wednesday, and expressing my hearty concurrence in its senti

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captains, the greatest part of whom (I speak with some, but with few, exceptions) may, with perfect truth, be ranked amongst the most base and infamous of mankind. The numerous and glaring instances of partiality, which they showed towards our enemy during the last war, were, by many persons bel in England, ascribed to their enthusiasm in the cause of liberty and republicanism. Is that their motive now? No: they feel no enthusiasm in any cause but their own.. They have but two passions, love of them-. selves and hatred of us. They hate England, because they have injured her; because they have been guilty of base ingratitude to wards her; and, because they envy their former fellow subjects, who, in spite of the Pitts and the Melvilles, are more happy and ten thousand times more free, than the Americans, with all their boasted independence. Let no man believe, that they are to be won by concessions; in this way we have tried them long enough: how many hundreds of acts of kindness have they received from that navy which they have now betrayed: and with how many hundreds of lies and of false oaths have they, requited their benefactors!No more of them at present; but, I certainly will take an opportunity of putting upon record some facts, which shall serve to make known to the world the true character of this malignant and despicable race of men.

We cannot close this article without paying our feeble tribute of praise to Lord Nelson, to whose uncoma mon vigilance, skill, and judgment, the "nation is greatly indebted on this occa&sion.

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Although he was not fortunate enough to overtake the flying enemy, yet it was his NAME that drove them in disgrace from the West Indies; it is to his skill and judgment, in ascertaining ex"actly the course which the enemy had "taken, and his prudence in sending off dispatches home, and to the different commanders on the coasts of both France and Spain, that this fortunate rencontre 22 may be attributed, and that our fleets *have been so reinforced as to enable them

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GENERAL BURTON'S COURT MARTIAL.

This opinion respecting the conduct of his lordship, in his pursuit of the combined fleets, and also respecting the weight and worth of his name in the deliverance of the Vest India Islands, the readers of the Political Register will remember to have heard expressed before. I do not, however, mention that circumstance with a view to lessen the merit of the above quoted acknowledgement, but, in order to show, that, notwithstanding our disagreement upon other subjects; notwithstanding out political hostility, we all agree in the admiration of, and in our gratitude towards, this skilful, vigilant, gallant, and public-spirited commander. To all, and to every one singly, be praise given; but, chiefly to him, who has not only saved our possessions from being ravaged, and our name from being disgraced, but to whom it is to be ascribed, that others have had an opportunity of serving their country, and of distinguishing themselves. Amidst our applause of Lord Nelson, and of our other brave countrymen concerned, we ought not to forget the detestation due to the perfidious and viperous American captain, by whose lies he was misled. An opportunity will offer for doing justice to the character of those sops of mischief and of malignity, the American

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Sir,As one of the members of Major General Burton's court martial, I think it my duty to make some remarks on that part of the speech in your paper of the 13th instant, stated to have been made by the Earl of Suffolk, wherein the case of General Burton is introduced. His lord. ship is said to have mentioned the following as the prominent features of it, viz. “ On the first day of the trial, after examining whatever evidence the prosecutor could produce, the accusation was perceived not to be substantiated. The proof in support of the prosecution was closed. And had the court then proceeded to give their decision, the prisoner must have been acquitted. I am safe in venturing to add, that the wishes of the honourable members were, that such had been the event.-On the day following, by the advice of the judge advocate, fresh evidence was produced, consisting of a letter written by General Burton to the Commander in Chief in extenuation of his conduct, and containing a fair and manly ac

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knowledgment of the charge. With respect to such a mode of obtaining evidence, such an application of a private letter, I shall make no observation. I have simply mentioned the fact upon the ground of the charge being proved by the letter under the prisoner's own hand, the court martial pronounced their sentence, adjudging General Burton to be cashiered: But in consequence of the many illustrious and honourable testimonies borne to General Burton's highly meritorious military conduct, and to the esteemed worth and amiable virtues of his private character through life, the court martial transmitted so strong a recommendation to the clemency of that character, whose benignity even outshines the splendour of his rank, that though the sentence of the court was approved of as conformable to law, General Burton was immediately reinstated in his rank in the army, as well as in the command he held previous to his trial."Some of the above assertions are certainly erroneous. With regerd to the first, Twill not give an opinion whether or not the charge was substantiated on the first day by the evidence of Lieutenant Colonel George Cooke, of the 1st Regiment of Foot Guards, at that time Assistant Adjutant General in the North West District, which situation, as he expressed, with a considerable degree of feeling, had imposed upon him the unpleasant duty of appearing as prosecutor. He was sent by Prince William Frederick from Liverpool to Chester to wait on General Burton, in order to ascertain whether or not the reports which had reached his ears were true that a duel had taken place between him and the Hon. Captain King. He was perfectly satisfied in consequence of the conversation he had with General Burton, that the duel had taken place on account of Captain King's having persisted in refusing to make an apology to General Burton for an improper letter which he had written, and made his report to Prince William according. Lieut. Col. Cooke is known to be a man of the most amiable character, of sound judgment, and of rindoubted veracity. The other witnesses on the first day were the seconds and the surgeon who attended the duel. On being asked whether they knew any thing of the duel between General Burton and Captain King, they declined answering the question as by so doing they might criminate themselves in a court of law. I beg leave however to state in answer to the second assertion that the proof in support of the prosecution was not closed on the first day. Several of the members thought that

the evidence of the seconds and the surgeon ought not to have been with-holden, and as the Judge Advocate said he was not prepared for the objection, and seemed to have some. doubt about it, the court adjourned an hour, or two before the usual time in order to give him an opportunity of considering the matter, and of taking such advice on the subject as he might think necessary before the next morning. One of the seconds and the surgeon applied for leave to return into. the court, but were told they could not be allowed to do so, as they might be wanted to undergo a further examination.With regard to the third assertion, I shall give no opinion whether had the court, then proceed ed to give their decision the prisoner must have been acquitted or found guilty. answer to the fourth assertion: The wishes of the honourable members were certainly not that the prisoner should be acquitted for want of evidence, when it was notorious that he was guilty. Great indignation was expressed by them when the seconds and the surgeon declined answering the questions put to them, which they thought ill-judged, to say nothing more. For the honour of General Burton and for the satisfaction of the court and of the world it was raaterial that no doubt should remain, and that a sentence should not be given contrary to truth.

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I consider it therefore to have been fortunate for General Burton, as well as an act of justice to Lieut, Col. Cooke, to the court martial, and to the public, that His Royal Highness the Commander in Chief, having been informed by the Judge Advocate in general terms of what had passed in open court, not only thought it proper, but felt it his duty to put the court in possession of a letter from General Burton to His Royal Highness, in which he acknowledgedged he had sent a challenge 40 Captain King, and had fought him. Tins letter was hot of a private or confidential nature, but on the contrary, such as might have been laid before, the King, shall now proceed to the sentence of the court martial, and to the letter of the Judge Advocate signifying His Majesty's approval of that sentence.The court martial, upon mature consideration of the whole matter before them, are of opinion, that the defendant, Major General Napier Christie Burton, is guilty of the charge preferred against him, viz. :--“ That he did on or about the 27th " of November 1803, then serving as a

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* under his command, and did on the 28th

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day of the same month fight a duel with "the said Captain King," and do adjudge, that he be cashiered.- -Having discharged this painful duty to their King and country, they with dutiful submission earnestly recommend him, the said Major General Burton, to the King's most gracious mercy for pardon, most humbly assuring His Majesty, by the oath which binds them to do justice, that had they individually been called upon by Major General Burton for his character, they should from their personal knowledge of him, as an officer and a gentleman, have given him most conscientiously the same character, as given by the many highly respectable witnesses, who have appeared in his favour. Copy of a letter from the Judge Advocate General to His Royal Highness the Duke of York, Field Marshal, Commander in Chief of His Majesty's Forces. Judge Advocate General's Office, 16th January, 1804.- -SIR,-Having had the honour to lay before the King the proceedings of a general court martial, holden at the Royal Hospital, at Chelsea, on the 6th, and continued by adjournments till the 9th day of this instant January, when Major-General Napier Christie Burton, Lieutenant-Colonel of the third regiment of Foot Guards, was tried upon the following charge, viz. "That he did, on or about the 27th of November last, then serving as a Major-General, within the North West District, send a challenge to the Honourable Richard King, a Captain in the sixth regiment of Dragoon Guards, at that time under his command, and did, on the 28th day of the same month, fight a duel with the said Captain King," and being found guilty, was adjudged to be cashiered, but was by the court humbly and earnestly recommended to his Majesty's mercy (a transcript of which sentence, together with the said recommendation is hereunto annexed.) I am to acquaint your Royal Highness, that his Majesty has approved the opinion and the sentence of the court martial, which his Majesty has commanded me to say, so great a breach of discipline imperiously demanded, and his Majesty has directed, that for the sake of example, the said sentence, together with his Majesty's approval, be notified in general orders; but in consideration of a faithful service during a period of twenty-nine years, and of an excellent character uniformly maintained by Major-General Burton, both as an officer and a gentleman, as testified by very many witnesses of high respectability, and in gracious compliance with the earnest supplication of the court-martial, his Majesty has been pleased to extend to the said Major

General Burton his royal pardon, and to direct, that he be restored to his command, as a Major-General within the North West District, as also to the functions of his commission of Lieutenant-Colonel of the third regiment of Foot Guards.-I have the honour to be, &c.-(Signed)-CHARLES MORGAN.I am so well acquainted with the noble earl's candour and liberality, that whether he has been misrepresented, which I think most probable, or whether he ac tually made the above assertions, he will, I am sure, thank me for coming to this explanation, and for placing the matter in its true light. In the remaining part which I have quoted of the speech, I agree with his lordship with all my heart and with all my soul. So fine a character was given of Ge neral Burton by several illustrious and honourable persons, that it was observed in court, that he was to be envied for having been placed in a situation which gave him an opportunity of showing on what good grounds his numerous friends were so firmly attached to him. And I shall conclude by venturing to give my opinion of our most gracious Sovereign in the following words, taken from Major-General Burton's defence.

In his Majesty's royal breast there is every quality by which a British gentleman and a British soldier would desire to be judged: the charity of a true christian, the benevolence of a most worthy man, and that spirit and bravery, the characteristic of his illustrious family, which cannot but impel his Majesty to pity and to forgive, what his sovereignty must reprove. WILLIAN THORNTON, Major-General.- Feversham, 24th July, 1805.

PUBLIC PAPER.

RUSSIA AND FRANCE.Note from his Er cellency Baron Novosiltze, to his Excel lency Baron Hardenberg, Minister of State. Dated, Berlin, July 10, 1805.

When his Majesty the Emperor of all the Russias, in compliance with the wishes of his Britannic Majesty, had resolved to send the undersigned to Buonaparte, to meet the pacific overtures which he had made to the Court of London, his Russian Majesty was guided by two sentiments and motives of equal force, with which you are acquainted, namely, his desire, on the one hand, to support a Sovereign, who was ready to mal e exertions and sacrifices for the general tran quillity; and, on the other hand, to procure advantages to all the states of Europe from 3 pacific disposition, which, from the form. manner in which it was announced, must be considered as very sincere.- The existing disagreement between Russia and France

could have placed insurmountable obstacles in the way of a negotiation of peace by a Russian minister; but his Imperial Majesty of Russia did not hesitate, for a moment, to pass over all personal displeasure, and all usual formalities.His Imperial Majesty -His Imperial Majesty of Russia availed himself of the meditation of his Prussian Majesty, when he requested passports for his plenipotentiary. He declared that he should only receive them on that particular condition, namely, that his plenipotentiary should enter directly upon a negotiation with the chief of the French government, without acknowledging the new title which he had assumed; and that Buonaparté should give explicit assurances that he was still animated by the same wish for a general peace which he had appeared to shew in his letter to his Britannic Majesty. -This preliminary assurance was the more necessary, since Buonaparté had assumed the title of King of Italy, immediately upon receipt of the answer given by his Britannic Majesty to his letter of the 1st of Janary; a title which in itself put a new obstacle in the way of the desired restoration of peace.After his Prussian Majesty had transmitted the positive answer from the Cabinet of the Thuilleries, that, it persevered in the intention sincerely to lend its hand to a pacific negotiation, his Imperial Majesty of Russia accepted the passports the more readily, because the French government shewed so strong an inclination to transmit them.By a fresh transgression of the most solemn treaties, the union of the Ligurian republic with France has been effected. This event, of itself, the circumstances which have accompanied it, the formalities which have been employed to hasten the execution thereof, the moment which has been chosen to carry the same into execution, have, alas! formed an aggregate, which must terminate The sacruces which his Imperial Majesty of Russia would have made, at the pressing request of Great Britain, and in the hope of restoring the necessary tranquillity to Europe, by the means of negotiation.--Without doubt, his Imperial Majesty of Russia would not have insisted so strenuously on the conditions fixed by him, if the French goVerument had fulfilled the hope that it would respect the first tie which holds society together, and which upholds the confidence of engagements between civilised nations; but it cannot possibly be believed, that Buonaparte, when he granted the passports, which were accompanied with the most pacific declarations, seriously intended to fulfil them; because, during the time which would necessarily elapse between the granting of the passports, and the arrival of the undersigned

at Paris, he took measures which, far from facilitating the restoration of peace, were of such a nature, that they annihilated the very grounds of peace.grounds of peace. The undersigned, in recalling to the recollection of his Excellency Baron Hardenberg, facts with which the ca binet of his Prussian Majesty is very minute ly acquainted, must, at the same time, inform him, that he has just now received from his Russian Majesty an order, dated the gi (21st) June, to return the annexed passports immediately, and to request your excellency to transmit the same to the French govern ment, with this present declaration, since no use whatever can be made of them in the present state of airs.The undersigned avails himself of this opportunity to renew to his excellency the assurance of his respect. (Signed) N. Vox NovOSILTZOFF.

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DOMESTIC OFFICIAL PAPER. NAVAL VICTORY.- London Gazette Extraordinary. Copy of a Letter from the Hon. Admiral Cornwallis, Commander in Chief of his Majesty's Ships and Vessels. in the Channel, &c. to William Marsden, Esq. dated Ville de Paris, off Ushant, July. 28, 1805. Eight P. M.

SIR,I have the pleasure to enclose, for the information of the Lords Commissioners of the Admiralty, a letter from ViceAdmiral Sir Robert Calder, giving an account of his success against the combined squadron of France and Spain.I have the honour to be, &c.- -W.CORNWALLIS,

Prince of Wales, July 23, 1805. SIR,Yesterday at noon, lat. 43 deg. 30 min. N. long. 11 deg. 17 riin. W. I was favoured with a view of the combined squadrons of France and Spain, consisting of twenty sail of the line, also three large ships, armed en flute, of about 50 guns each, with five frigates and three brigs; the force under my direction at this time consisting of fifteen sail of the line, two frigates, a cutter, and lugger, I immediately stood towards the enemy with the squadron, making the needful signals for battle in the closest order; and, on closing with them, I made the signal for attacking their centre. When I had reached their rear, I tacked the squadron in succession; this brought us up close under their lee, and when our headmost ships reached their centre, the enemy were tack ing in succession; this obliged me to make again the same manoeuvre, by which I brought on an action which lasted upwards of four hours, when I found it necessary, to bring to the squadron to cover the two cape, tured ships, whose names are in the mar gin. I have to observe, the eneiny hal St. Rafael, 84 guns, am 74.gips.

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