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ters there are two things ever to be kept in mind. The one is, that are were pe.fectly sccare, without the naval victory: the other, that we were, and still are, aiding in a war upon the Continent, not for our own interest ur security, but purely for the sake of the paivers of the Continent. It follows, then, that we derive no additional security from the naval victory; and that, the millions raisca upon us for subsidies this year, are given away, and not expended for any purpose beneficial to us. Observe, that this is no opinion of mine; it is a fair and inevita-Ide conclusion, drawn from the assertions of the writers, who are devoted to the ministry.

But, the fact is, that these writers, true to the character of their sect, are hypocrites; hypocrites of the lowest cast. They believe not a word of what they say here; or they have, upon former occasions, most grossly belied their consciences. For, can the public have forgotten, with what exultation they hailed the continental war; and how anxious they were to convince their readers, that that war, caused by Mr. Pitt, had put an end, at least for a while, to the dangers of invasion?"Like the vast prepa"rations of Caligula" (said they, atter having spoken of Buonaparte's being called off by the Austrians and Russians), "the "mighty threats of Buonaparté are now "turned to his scorn. The design of inThe design of in"vasion, which, not long since, ministers "knew to be seriously entertained, appears "now to be, at least for a time, completely "abandoned." [And this, observe, without any naval victory, and merely by the means of the sound of war upon the Continent] Having no longer 200,000 dis"ciplined soldiers placed in a position, "from which they might pour in upon us, " in a few hours of favourable coincidence;

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having the advantage of acting with allies, capable of engaging the vast armies that were to be poured down upon us, horde "after horde, 'till we should be consumed " even by continued victories, if we should "be fortunate enough to gain them; we "have now to congratulate ourselves, that "the time is arrived, when we can, with "effect, act on the offensive, and alarm the threatener with invasion in our turn." And, yet, they have now the assurance to tell the readers, to whom this was addressed, that England stood in no need of -a continental diversion; that we entertained o apprehension for ourselves; that we do not wage war to achieve our security, but to enable the powers of the Continent to achieve theirs! Nor, must we here forget to recur to the picture ofDisintation, as

exhibited by these writers, after the defeat and capture of the Austrians, and, upon the supposition that the continental war might soon be at an end. "Austria gone, her "armies anihilated, Russia can do nothing

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against France, and Prussia may be de"terred from stirring; the war on the Con"tinent will be at an end, and the hordes " of French soldery, inflamed by their successes, will return to the coasts opposite England, from whence invasion will be attempted; &c. &c." Yet have these same writers now the profligate assurance to pretend, that we never entertained any ap prehensions for ourselves; and never stood in need of a diversion upon the Continent! For the reasons which will naturally suggestthemselves to the readers of these comments, I am decidedly of opinion, that the powers, friendly to us upon the Continent, will receive but little animation from, these naval victories. They will perceive, that our suc cess, and especially our acquisition of additional naval glory, will vex the ambitious Napoleon, and will retard his operations against us; but, they will also perceive, that we shall by our naval exertions, produce very little, if any, effect in their favour. They have recently witnessed the inefficacy: of maritime victories in deciding the fate of powers upon the Continent. The peace of Amicus, the Stadtholder, and the King of Sardinia, are constantly before their eyes e they well know, that the victory of Trafal gar, though purchased by the death of Nelson, will not prevent a single battalion of Frenchmen from crossing the Rhine or the Alps; and they are equally confident, that,: if defeated in the field by Napoleon, they will not, in treating for peace, be suffered even to pronounce the name of England.Is there, besides, nothing, after all, of drawback, in the loss of Lord Nelson! That he was not, to England, of an importance equal to that of Napoleon to France, may be, perhaps, allowed; but, that his value. was very great indeed, there will be nobody found to deny. Where shall we find a man to replace him? There may be men as able; many as brave; a few as much above all private considerations, as much devoted to glory, and who as much identify their glory with the real service of their country. But.. where is there a man, who will have so much authority in the service, who can venture so much to act for himself, whose name will inspire so much confidence in those under him, and so much terror in his enemies? Am I asked: for what would you reserve him? What, after all, could he do but obtain victories over the enemy's feets?

HALL

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My answer is, that, according to all human probability, contests are in store for us, of far more importance than any that can happen at this moment; in which contests succes, or failure, may decide the fate of the country, and where success or failure may themselves be decided by the difference of such a man as Lord Nelson compared with any one likely to be substituted in his room, particularly if we are to judge from what we have lately seen. The loss incurred in the death of Lord Nelson, certainly ought not to be cited as an article of charge against the ministers. They could do no otherwise than employ Lord Nelson; and, for that very reason, as they incur no blame for his death, they can claim no praise for his victory.----In concluding this article (the length of which will prevent me from offering some remarks that it was my wish to offer upon the recent intelligence from the Continent) I cannot refrain from returning, for a moment, to the malicious charge, referred against me by the SUN, of endeavouring to depress the "hopes of the public, and to throw a gloom over our national prospects." If those hopes are well founded; if those prospects be, in the eye of reason, bright; it is impossible for me, or any one else, really to depress the former or to throw a gloom over the latter. But, as was before observed, this is the hackneyed charge against all those who express their fears of the consequences of events, be they what they niay, that happen during the administration of Mr. Pitt. It is for him, and not for the country, that the charge is made. If you apprehend evil, you are regarded as his ассиser, rather than which you may be guilty of all the crimes that ever were heard of.There is a pretty, cant phrase, in great vogue in the purlieus of Whitehall and St. James's Street, about "hoping for the best." Agreed: but, this phrase used to mean, hoping for the best that reason teaches us to hope for; and, not for the best that our imaginations happen to furnish us with, which deserves no name better than that of a wish; between which and hope there is a great difference.The following paragraph, from the ministerial papers of the 1st instant, may be cited as a happy specimen of their mode of "6 hoping for the "best," and “ keeping up the spirits of the "nation." I quote my favourite print, the COURIER. In the mean time" [having just been speculating upon the means of retrieving affairs in Germany, and completely oversetting the French Emperor :] "In the mean time, the attention of every "man is anxiously directed to the move"ments of the Prussian Cabinet. Captain

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"Johnson, of the ship Venus, arrived at "Grimsby, from Tonningen, reported on "his arrival, that previous to his departure " from Tonningen it was stated, that the "Prussian army had been united to that of "Russia, which had marched and joined "the Austrians; that the three armies com"bined had completely surrounded those of“. "France, over whom they obtained a vic

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tory, and after retaking Uln, pursued "the enemy with every prospect of further success. Captain Johnson was called upon to appear before the Mayor of Hull, "and swear to the report, as it prevailed at Tonningen. He immediately did so, "and his affidavit was yesterday morning "received in town, from the Collector of "the Customs at Hull, by a Gentleman of "the Custom-house in London."--A most proper channel, through which to receive such an oath! Verily, the nation, to keep up whose spirits such means are resorted to, must be in a desperate way. Yet, if any one had, upon the spot, scouted this story, he would have been accused of depressing the hopes of the public.-I now take my leave of this subject, with just asking the reader, whether he can conceive any thing more dangerous, than to proclaim, at a moment like this, that our danger is now all over; that we are not fighting for our own security, but for that of the states upon the Continent; and, that, of course, the subsidies raised, and to be raised, upon us, are to be expended for no purpose, beneficial to us? Botley, Thursday, 14th Nov, 1805. S

PUBLIC PAPERS. DISPUTE WITH AMERICA. Correspondence of Mr. King, with Lord Hawkesbury. (Concluded from p. 730)

Downing-street, April 11, 1801. SIR,-I have the honour to acknowledge the receipt of your letter of the 13th of last month, and to inform you that, in consequence of the representation contained in it, a letter has been written, by his Majesty's command, by his Grace the Duke of Portland, to the Lords Commissioners of the Admiralty: a copy of which letter I herewith enclose to you, for the information of the govt. of the U. States. HAWKESBURY.

Whitehall, 30th March, 1801.

MY LORD, I transmit to your lordships herewith a copy of the decree of the ViceAdmiralty Court of Nassau, condemning the cargo of an American vessel going from the United States to a port in the Spanish, colonies: and the said decree having been referred to the consideration of the King's advocate-general, your lordships will per

ceive, from this report, an extract from which I enclose, that it is his opinion, that the sentence of the Vice-Admiralty Court is erroneous, and founded in a misapprehen sion or misapplication of the principles laid down in the decision of the High Court of Admiralty referred to, without attending to the limitation therein contained.-In order, therefore, to put a stop to the inconvenience arising from these erroneous sentences of the Vice Admiralty Courts, I have the honour to signify to your lordships the King's pleasure, that a communication of the doctrine laid down in the said report, should be immediately made by your lordships to the several judges presiding in them, setting forth what is held to be the law upon the subject by the superior tribunals, for their future guidance and direction. PoRTLAND.

Extract of the Advocate General's Report, dated March 16, 1801.

the neutral country, breaks the continuity of
the voyage, and is such an importation as le-
galizes the trade, although the goods be re-
shipped in the same vessel, and on account
of the same neutral proprietors, and be for-
warded for sale to the mother-country or the
colony.

AUSTRIA AND BAVARIA,—A true Statement
of the Conduct of the Serene Elector Pal:-
tine of Bavaria, in answer to the “Ini....
torical Representation of the Events a
have directed the Conduct of his Electare!
Highness." (See p. 609.) From the F.-
enna Court Gazette of the 16th Oct. 1805.

The Serene Elector Palatine has pub
lished an Historical Representation, in which
he owns himself an ally of France, and de- ́
clares war against Austria and Russia, ex-
cusing, by false allegations, the breach of
promise he had made to the Roman Empe-
ror, of ceding his troops to him. Not con-
tent with the indemnifications the Serene
Elector had received by the conclusum of
the empire of 27th April, 1803, he suffered
himself, from ambition, to be drawn into
secret engagements with France, which
proved, on every occasion, to tend systema-
tically to counteract Austria.--As his ambi-
tious hopes rested principally upon the pros-
pects of a fresh attack with which the Court
of Vienna was menaced by France on every
occasion, those gradual armaments which his
Majesty was compelled to make from the
preparations made by the Emperor Napo-
leon, became an object of the Serene Elee-
tor's attention. His first design was to raise
a numerous army in Bavaria, and to hold it
in readiness for the French Emperor. The
quickness of the Austrian armament pre-
vented the execution of that intention, and.
the Elector chose rather to hasten to go and
join the French with all his troops, leaving
his Bavarian and Suabian estates to their
own fate, than to disappoint the expectation
of the enemy of public tranquillity; conse
quently the whole of the Bavarian artillery
was sent to Wurtzburgh, the Bavarian and
Suabian troops were assembled, and a French.
general was present, to prepare every thing
agreeably to the desire of the Emperor Na
poleon. His Serene Highness the Elector
had also prepared for his departure, when
Prince Schwazenberg arrived at Munich, en
the 6th of September.The danger that tho
Elector Palatine would join the French wast
indubitable; consequently a serious demand.
for the cession of troops became a just menst
sure of self-defence. The Elector agreed to
the demand verbally, and in writing. He
wrote to the Prince, on the 7th of Septem-
ber, with his own hand: "I am resolved

I have the honour to report, that the sentence of the Vice Admiralty Court appears to me erroneous, and to be founded in a misapprehension or misapplication of the principles laid down in the decision of the Court of Admiralty referred to, without attending to the limitations therein contained. -The general principle respecting the colonial trade has, in the course of the present war, been to a certain degree relaxed in con, sideration of the present state of commerce. It is now distinctly understood, and it has been repeatedly so decided by the High Court of Appeal, that the produce of the colonies of the enemy may be imported by a neutral into his own country, and may be reexported from thence even to the mother country of such colony; and, in like manner, the produce and manufactures of the mothercountry may, in this circuitous mode, legally find their way to the colonies. The direct trade, however, between the mother country and her colonies, has not, I apprehend, been recognized as legal, either by his Majesty's government, or by his tribunals.What is a direct trade, or what amounts to an intermediate importation into the neutral country, may sometimes be a question of some difficulty. A general definition of either, applicable to all cases, cannot well be laid down. The question must depend upon the particular circumstances of each case. Perhaps the mere touching in the neutral country to take fresh clearances may proper ly be considered as a fraudulent evasion, and is, in effect, the direct trade; but the High Court of Admiralty has expressly decided (and I see no reason to expect that the Court of Appeal will vary the rules) that landing the goods and paying the duties inconfer with the Minister Montgolas, un

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NOVEMBER16, 1905.-Proclamation of the Elector of Bavaria.

the conditions.' The minister confirmed his Sovereign's resolution, and proposed the conditions; that the Elector's own regiment, and that of the Electoral Prince, should remain at the disposal of his Serene Highness; and that Munich and Nymphenburgh should be exempted from the passage of Austrian troops. The agreement was to be concluded at Haag, on the following day. -On the 8th of September, Count Nogarola was sent off to the Emperor, with a letter from the Elector, beginning in the following words: I have this morning ordered my minister to conclude an agreement with Prince Schwarzenberg, in pursuance of which I shall unite my forces to those of your Imperial and Royal Majesty, to give you a proof of my inviolable devotion.' No sooner had Count Nogarola set off with this letter, and even before Prince Sehwarzenberg could go from Munich to Haag, than the Serene Elector left Bavaria in the night of the 8th, and withdrew all his troops by forced marches, having emptied all the public chests, and taken with him even the deposited bonds, and widows' and orphans' estates; whence it became necessary to put a stop to the further drawing of annuities, &c. to prevent a total stagnation of the whole administration of the country.When Prince Schwarzenberg and General Mack arrived at Haag, the Elector's intention of flying from his engagement was no longer secret. After they had waited a long while, there appeared a Palatine lieutenant-colonel, shewing, by his tone and proposals, quite different from those of Munich, that a pretence was sought for breaking off a nugatory negotiation. It was refused to leave the Electoral troops in Bavaria: their cession was to be deferred till the war had actually commenced, and they were always to remain together as a separate body. After what had happened, the Austrian generals could not consent to leave an independent and numerous corps in the rear and flank of the Austrian army, which was hastening forward. The Bavarian troops were not to be embodied by men or companies with the Austrians, as has been falsely asserted in the Palatinate part, but to remain together, in whole regiments or brigades. The entry of the Austrian and Russian troops in Germany had been notified to the Serene Elector, who had only made the exception of the districts of Munich and Nymphenburgh.-As to the requisitions made for the maintenance of the Austrian troops, they are become indispensible, from the general practice of the French army, as no other power could otherwise cope with it. However, since the entry of the French, the vast difference be

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tween their mode of raising requisitions, and the Austrian, has been experienced.-Nevertheless, to remove every pretence, his Majesty declared by his envoy, Count-Buol, that he accepted the condition of leaving the Palatine troops together in a separate corps. The objection stated in the Serene Elector's letter of September 8th, namely, that the Electoral Prince was in France, was already removed, by the wise precaution of the Prince. Count Buol was even empowered to be finally satisfied with the dismissal (instead of the cession) of the troops, by the way of furlough, or even of the Bavarian troops alone. All was refiteed. The French troops were received by the Elector with open arms, and all the Palating troops joined them. They take the field against his Majesty, and against the Emperor of Russia, and war has been declared. In a word, the Elector became false to his word, which he had given as a Prince, and as a man; false to his people, and to his Emperor; to the proved friendship of the Emperor Alexander; to the security and welfare of Germany, and of Europe, which depend on the event of this war compelled by France. This is the true statement of a conduct, which the loyal subjects of that Prince loudly deprecate, at which the honourable and patriotic feelings of his brave troops revolt, who are now shedding their blood, not for the deliverance of Germany, but for its enemies, and who are compelled to stain their hands with German blood.

Proclamation of the Elector of Bavaria to the Bavarians, dated Wurtzburgh, Oct. 10, 1805.

BAVARIANS,- -At the moment when I was solely intent upon your prosperity, when I foresaw no danger, I have been forcibly separated from you. Austria, for the preservation of which the generous blood of Bavarians has so often flowed, had conceived perfidious plans against you, and against me. She demanded, with threats, that your sons, my brave soldiers, should be distributed among the Austrian army, and combat against a power, which has, at all times, protected the independence of Bavaria.→ Thus the Bavarians were not to fight for their country, but for foreign interests; thus the very name of the Bavarian army was to he destroyed. My duty, as a Frince, and as the father of an independent and faithful people, has induced me to reject propositions so dishonourable to the nation, and to maintain, with firmness, the neutrality of my states.I still flattered myself that I should see my ardent wish accomplished, in the repose of the country. The negociations.upon

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this subject were not yet broken off, when Austria, faithful to the system of annihilating the independence of Bavaria, violated the most sacred treaties, passed the Inn with her army, and treated you as the inhabitants of a conquered country. The most burthensome requisitions were made. You were deprived of the instruments the most necessary to your industry, even those of your agriculture. Your fields were laid waste ; your cattle were carried forcibly away; you were inundated with a depreciated paper money; even a great number of your sons were forced to serve under the colours of Austria. After an invasion so perfidious, after outrages so unheard of, it became my dignity, as a Prince and protector of the nafion, to take up arms, and to deliver the country from its oppressors.-The Emperor of the French, the natural ally of Bavaria, flies to your succour with his intrepid warriors. He comes to avenge us. Already your brothers and your sons fight in the ranks of these heroes, habituated to victory; and, already, we see the dawn of our safety.Bavarians! You, who patiently bear the evils which the enemies of the country heap upon you, remember your. Prince, who knows your sufferings, who shares them; and who cannot support the idea of being separated from you, but in the persuasion, that, by preserving his personal liberty, he has secured to himself the means of acting with an absolute independence for his dear and faithful subjects. Our good cause is under the protection of a just God, and of a courageous army, commanded by an invincible hero! Let the rallying word of every Bavarian be," for his Frince and his country!"

(Signed) MAX. JOSEPH, Elector.

PRUSSIA AND FRANCE-Note transmitted by the Prussian Minister, Baron de Hardenberg, to M. Duroc and M. Laforest. Dated Berlin, Oct. 14, 1805.

The King has commanded me to communicate what follows to his Excellency Marshal Duroc, and to M. Laforest, Envoy Extraordinary and Minister Plenipotentiary of his Majesty the Emperor of the French: -His Majesty is uncertain, whether he should be more surprised at the outrages which the French armies have taken the liberty of committing in his provinces, or at the extraordinary arguments by which it is attempted, at this day, to justify them. Prussia had declared her neutrality; but, adhering to the last to her prior engagements, all the advantages of which henceforth would be in favour of France, she made sacrifices to them which might have endangered her dearest interests. This invariable integrity, this

degree expensive to France, produced to her an invaluable degree of security on many es sential points; how has it been repaid? Justly jealous of that consideration, which is no less due to his power than to his quality, the King has read, with sensations which he has in vain endeavoured to suppress, the justificatory dispatch communicated by the French ambassador to his cabinet.-A justi fication is attempted upon the authority of the practice of the last wars, and the simila rity of circumstances; as if the exceptions which were then admitted had not been founded upon positive acts, which have been since annulled by the peace; as if the Emperor ever took those acts into his consideration, when he took possession of the country of Hanover, of a country that had been so long placed under the protection of Prussia! But ignorance of our intentions is pleaded, as if the intention did not exist in the nature of the transaction, so long as the contrary is not stipulated? As if the solemn protestations of the authorities of the province, and of the minister of his Majesty to his Highness the Elector of Bavaria, had not suffi ciently made known what was by no means necessary, and that I myself, with the map in my hand, in the conferences which I had with their Excellencies M. Duroc and M. De Laforest, had not declared that no troops whatever should pass through the Margraviates, pointing out to them, at the same time, the route of communication, that Bavaria had stipulated for herself, as the only one in which the march of the troops was not likely to meet with any obstruction! It has been said, that in matters of such importance, a positive explanation should take place, as if that were a duty incumbent on the power which reposed in confidence on the faith of a principle, and not upon that which intended to subvert it. In short, a pretext is made of facts, which have never had any other foundation than in false reports: and in imputing outrages to the Austrians, which they have never committed; the observations of his Majesty are only di..

rected to the contrast which their conduct offers to that of the French armies.-The King could have even drawn from this con- i trast, conclusions more unfavourable respect← · ing the intentions of the Emperor. He will confine himself to the reflection, that his Imperial Majesty had, at least, his reasons for considering the positive engagements which existed between him and Prussia, as of no importance in his eyes, under the present circumstances; and that he himself was consequently on the point of sacrificing every.. thing to adhere to his engagements. He

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