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these two days. Our line occupies the
above-mentioned posts, and I have fixed
the head-quarters of the army in this town,
which is about a league's distance from it,
&c. &c.
O'Neill's Report to Palafox respecting the
battle of Tudela, 8 Dec. 1808.

charging me not to lose a moment, since they had given orders for the march of the army of the centre, and were on the point of attacking and defeating the enemy, in order to save that army; an object, the attainment of which would be of the greatest importance for Spain, and totally disconcert the plans of the enemy.

"IN consequence of the actual situation of this city, threatened with a siege by the Surprised at the novelty of this dispatch, enemy, it has been until now found im- so completely at variance with the plan possible to lay before the public an official we had agreed upon at Caparoeo the day account of the details of the attack and before, I sent to inform your excellency, obstinate battle fought at Tudela on the and before I received your answer, your 23rd ult.; a battle equally fatal and glo- dispatch, dated at Tudela on the same day rious to this army, which, supported only (the 21st), reached me, directing, that in by its own strength and its own valour, consequence of what the captain-general maintained the contest for eight hours in of the centre had stated to you, I should, the the midst of the most dreadful fire. It is instant I received it, march with the whole impossible to convey an adequate idea of of my army, and the troops belonging to the number of heroic achievements per- the centre attached to it, for Tudela, there formed by the officers and soldiers, whilst to fix my head-quarters, it being underone-half of the army was defending their stood that the troops that occupied the posts with discharges of musketry, and posts of Cintriunego, Calahorra, and the the other were maintaining the contest other parts of the Ebro, were already on with the bayonet, until the number of the their march for Borja and Tarrazona, and slain on both sides left scarcely room for consequently that any delay might be action, and both the contending armies very injurious, and expose the army to be retired. The captain-general of this ex- turned in that quarter. On the same day, cellent army of reserve has received the as my troops were just setting off, I refollowing detailed dispatch from lieut.-ceived your excellency's answer, confirmgen. Don Juan O'Neil, who commanded the troops in the engagement, from Illucca, whither he retired with field marshal D. Felippe St. March.-Most excellent seignor; A few hours after my conference with your excellency at Caperoso, respecting the good condition of the troops under my command, at that most important point, full of ardour and enthusiasm, from the superiority which they conceived themselves to possess over the enemy, who for so long a period had not dared to attack us, and from advantages of greater magnitude which they anticipated in the direction of Pampeluna; and when your excellency, convinced of the necessity of not permitting a favourable opportunity to pass, for executing designs in which I cordially concurred, proceeded to consult with the captain-general of the army of the centre, I received a dispatch from the captain-general of the army of the centre, and the representative of the supreme central Junta, D. Francisco Palafox, dated the 21st inst. informing me of the extreme urgency that all my troops should immediately put themselves in motion, and proceed by way of Tudela, to the right of the line, which was to be formed upon Cascante and Tarragona, as far as the heights of Moncayo; and

ing your previous order, in consequence of the army of the centre having already commenced its movement.-I cannot describe to your excellency the sensation felt by the troops under my command, in consequence of this retrogade movement, as all of them, previously animated by the preceding fortunate movements, found all their hopes frustrated, and saw themselves removed from the advanced situation that they always occupied in front of the enemy. An event so unexpected disheartened them; and in order to inspire them with the same degree of ardour which they had hitherto manifested, and to prevent the fatal consequences of which I was apprehensive, I exerted my authority, accompanying it with the most energetic persuasion, and shewing them the order of that evening, according to which the safety of the whole army depended upon our retrogade movement, and in short, telling them that it was the result of the express orders of your excellency, and must be obeyed.-This representation, in some degrée, tranquillized them, and I proceeded with my troops to Tudela, where your excellency, the seignor representative, and the captain general of the army of the centre, were already arrived. At nine in the morning of the following day (23d),

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col. Don F. Perena sent to inform me, that position had retreated. This intelligence two columns of the enemy were deploying astonished me the more, as the captainin front of Ablitas. In consequence of this general had sent me no information of this intelligence, and the captain-general of the event, a circumstance which appeared to army of the centre having, the preceding me impossible; but a firing being heard evening, informed me, that the enemy had in the rear of the olive plantations, I was entered Cintrinnego, I ordered the generale convinced of the fact. In this melancholy to be beaten, apprising, at the same time, situation, the division of general la Pena the captain-general, that as commander not having moved, and that which was anin chief, he might make the necessary dis- nounced as his division proving to be a positions. He ordered some reinforce- corps of the enemy, of about 8000 inments to advance, and soon after caused fantry; and 2000 cavalry, I gave directions gen. St. March to do the same on the left, for retreating in the best possible order; sending various corps of my division to placing the 2d regiment of Valencia in an the heights of Santa Barbara, to reinforce oblique position to cover the retreat of our that important point, and to support the troops. The troops were surrounded on troops already occupying it belonging to all sides, but they gallantly cut their way the division of general Rova. As he left with the bayonet. I put myself at their me on the high road with the remainder of head, and left gen. St. March, with the camy troops, I sent to him my aid-de-camp, valry to protect this daring and only reD. B. Gelabert, to ascertain what I was to source that was left to us. The general do, as the engagement was already begun discharged this trust with the same exactHis answer was, that I should proceed to ness that he did every other duty confided the centre of the line, where he was posted. to him during the action. I can assure Soon after, he ordered the remainder of the your excellency, that I never witnessed an troops to join him, and he assigned me the occasion in which all the officers and solcommand of the whole of the left wing. diers more completely performed their When I arrived, I found the heights on the duty; but of those who were under my left already occupied by the enemy, who orders, I ought to make particular mention threatened to turn us; but having received of the third battalion of the royal Spanish his order to attack them, and an assurance guards, and the regiments of Castile, Sethat the division of gen. La Pena would ad- gorbia, and Turia. D. M. Velasco, comvance to my assistance, I determined to exe- mander of the artillery of my division; cute the attack by echellons of battalions. D. A. Ulloa, commander of general St. The battalion of the royal Spanish guards March's; D. J. Monino; D. R. del Pino, commenced it with such unexampled gallan- who though surrounded by the enemy, try,that the enemy instantly abandoned that spiked a part of the artillery, which they important post, leaving the field of battle could not bring off, are very much entitled Covered with dead bodies. The same suc- to consideration for having entirely decess attended the attack in front, by the stroyed three columns of the enemy.-The regiments of the volunteers of Castile and enemy's loss cannot be less than 8,000 Segorbia. While I was indulging in the men, as we may assure ourselves, when they satisfaction produced by our success, and admitted it exceeded 4,000. I have not considering the battle gained, two orderly yet received all the returns of the loss on officers of cavalry came to desire me, on our side, but I doubt whether it amounts the part of the captain-general, not to be to 2000 in killed, wounded, and missing. I alarmed by the appearance of a column have the satisfaction of having saved half of infantry, with a considerable body of of the artillery, which was brought off by cavalry, who were advancing on the routes almost impracticable, and of having left, as they were the troops of general been a near spectator of every thing that la Pena coming from Cascante. Con- passed to the last moment. I can assure gratulating myself upon this aid, which you, that in this unfortunate event all would have decided the battle in our fa- those under my command have done their Four, I rode along my left to direct gene- duty to their king and country; and that ral St. March to continue the attack in the had the captain-general ordered the army same order, when that general surprised of the centre to support us, it would, beme by telling me it was necessary weyond all doubt, have been the most glorious should retreat, as our right had been forced, day for his majesty's arms, of any recorded that the enemy were in Tudela, and that all in the history of this war. the troops that occupied the centre of one

Palafox's Dispatch to the Central Junta.—
Dec. 3, 1808.

due observance thereof?-Second, Can
any of the inconveniences of the present
system be remedied by further modifica
tions; and what modifications would effect
that object? Be pleased, Sir, to accept
assurances of my high consideration and

Letter from Mr. Gullatin, in Answer to Mr.
Giles. Dated, 21st, Nov. 1808.
SIR-Indisposition has prevented an
earlier answer to your letter of the 14th
inst. For better preventing coasting ves
sels regularly cleared from violating the
Embargo, two measures appear necessary:

SEIGNOR: This capital has recently given an additional proof of that heroic patriotism and attachment to its sovereign which distinguish and characterise it. On the 30th of Nov. in the dusk of the evening, the enemy, being above 12,000 men in number, made their appearance in the quarter of Torrero and Casa Blanca, having come by Muel and Muria, on the roads from Madrid and Valencia. Part of them took post on the road, on a height situated between the hermitages of Soledad and Santa Barbara, and commanding La Casa Blanca; the rest ascended, under cover of the Ravine de la Muerre which covers Torrero, and took possession of the Carthusian monastery of Conception. They had a considerable body at Alagon, and we were informed that 3000 men were advancing by way of Tauste and Castejon de Baldejussa a Zuera, in order to attack us at four points. The whole of the garrison were immediately ordered under arms, and the heroes of Saragossa also took up their muskets. All the posts were occupied, and the whole of the inhabitants went out with alacrity and enthusiasm to be spectators of the glorious action which was impending. On the 1st of Dec. at day-break, the enemy were dislodged from the Carthusian monastery, and compelled to fall back through the Ravine, when they took post in five columns on the heights that command Torrero, with the decided intention of making their attack in that quarter. They manoeuvred until 10 o'clock a. m. at which hour they commenced their most decisive and vigorous attack in the direction of Casa Blanca. It was received on our side with a very brisk fire of musketry and cannon, which lasted until two o'clock, when the whole of the enemy's army in Soledad fell back, shame-dent, that power of detention vested in the fully abandoning Terrero.

(To be continued.)

1st That the amount of the Bonds should be increased.2dly. That neither cap ture, distress, or any other accident should be admitted as a plea, or be given in evidence on trial.-By the first regulation the temptation of going to a foreign port, in hopes that the profit on the sale of the cargo will indemnify for the forfeiture of the penalty, will be done away, By the second, every expectation of escaping the payment of the penalty under fraudulent pretences will be disappointed; and the power of remitting the penalties in the few cases of unavoidable accident which may occur, will remain as heretofore, and as in other cases, with the treasury.-As the ob ject of those two regulations will be to make the bond a sufficient and complete security, they will have a tendency to relieve, in a considerable degree, the coasting trade from the inconvenience resulting from detentions. The sufficiency of the bond will in many doubtful cases remove the necessity of detaining the vessels, or what amounts to the same, of informing the owners that unless they reduce the amount of their cargoes they will be detained.-I would also submit the propriety of placing under the controul of the Presi

collectors by the act of the 25th of April last. That subject has been a constant source of complaint and difficulty. It has AMERICAN STATES.-Letter from Mr. Giles, been the uniform practice from the esta Member of the Embargo Committee, to Mr. blishment of the government of the United Gullatin, Sec. of the Treasury, dated 11th States, to give positive instructions to the Nov. 1808. collectors respecting the execution of the DEAR SIR.I am instructed by the Com-laws, and which they were bound to obey mittee appointed to consider the several Embargo Laws, &c. to request you to lay before them with as little delay as possible, such information as your department affords upon the following questions. First, What measures would be most effectual in preventing the violations or evasions of the several Embargo Laws; and enforcing

unless a different construction should be established by a legal decision. This indeed was essentially necessary, in order to secure an uniform construction and execu tion of the laws. But the provision now alluded to makes the detention to rest on the opinion of each collector, and this must necessarily produce a great diversity in

the manner in which the power should be there will be no hardship, where the intenexecuted. All has been done that can be tion is fair, to require a bond similar to done to obviate that evil; and the Presi- that given for a coasting voyage. And dent being authorised to decide on the de- the collectors should likewise in such cases tentions when made, the opportunity was be expressly authorised to take such effitaken to inform the collectors of what in cient precautions as will put it out of the his opinion should be a proper cause of de- power of such vessels to sail without warntention. This however could be given ing.-2. In order to prevent those frauonly as opinion, and operate as a recom- dulent sales of vessels by which ostensible mendation, and not as an order. Nor does owners of no responsibility are substituted. it appear practicable to establish uniform- to those from whom penalties might be ity, and to prevent partiality, and either recovered, it is necessary to provide that laxity or too great severity in practice, those owners of vessels whose names apunless the power of prescribing general pear on the register or licence, should rules in that respect by which the collec- continue to be reputed as such, and liable tors will be bound to abide, be vested in to the penalties in case of infraction of the President. I am aware that there is the laws, until the register or licence shall another mode of evasion, by regular coast- have been actually surrendered and new ing vessels, which will not be prevented by papers shall have been regularly granted either of the preceding provisions. Ei-by the collector to the purchaser, and in ther whilst in port or on their way down every such case, of purchase, a sufficient our rivers and bays, coasting vessels may bond that the embargo shall not be inreceive articles not entered on their mani- fringed, to be previously required.-3. fest, which they put on board other ves- The power to seize unusual deposits now sels lying off the coast for that purpose.vested in the collectors of districts adjacent But it is not perceived that any legal pro- to the territories of foreign nations should, vision can prevent that infraction, nor that as well contemplated in the Bill passed by any other remedy can be found than the the House of Representatives, be extended vigilance of the officers. Another geneto all the districts.-That this is an arbiral regulation will, however, be suggested trary power which nothing but the unreperhaps useful as a permanent measure, mitted efforts in some places to evade the but which would at all events, under exist- law can publicly justify, cannot be deing circumstances, give additional security nied; and it should, like that of detention, for the observance of the laws, and afford be placed under the controul of the Presisome relief to our own seamen; to wit, a dent, and be executed only in conformity prohibition to employ any aliens either as with such general rules as he would premasters or part of the crew of any coast- scribe.-4. Exclusively of the assistance ing vessel. It is still more difficult to which may be derived from gun-boats guard against violations by vessels de- and from the armed vessels of the United parting without clearance, in open defiance States, it would be advisable to authorise of the laws. The following provisions, on the President to add ten or twelve cutters mature consideration, appear the most ef- to the present establishment. Fast sailing ficient that can be devised against infrac- vessels of every draft of water, and requitions which it is the more necessary to re- ring only from 15 to 30 men each, are press as they may be daily expected to in- mostly wanted, and would, for the object crease, and threaten to prostrate the law contemplated, be as useful as the largest and government itself.-1st. To forbid frigates.-5. It is with regret that the neexpressly under pain of forfeiture (the pe- cessity of authorising, on the application of alty now being only, implied) the lading the collectors, an immediate call of the loof any vessel without the permission of the cal physical force of the country, must also collector, and without the bond for a coast-be stated. But such partial acts of violence ing voyage being previously given ;-adthorising the collectors to refuse permission, unless the object be that of a lawful coasting or fishing voyage. The great number of vessels now laden and in a state of readiness to depart shews the necessity of this provision. If there be cases in which the indulgences of converting vessels into warehouses, ought to be granted,


as have taken place in some of the seaports, cannot be prevented by the circuitous manner in which the public force must now be brought out in support of the laws. And no doubt exists that the mass of the citizens, whether they approve or disapprove of the Embargo, would in every port instantaneously suppress any such outrage, they can be called upon to act in a legal manner.


VOL. XV.-Price 10d.

lectors, which not only perplex faithful officers, but have the effect of intimidating others, and prevent an energetic performance of their duties. The only provisions which have occurred to me on the subject, are to enable the collectors who may be sued, always to remove the cause before a court of the United States; to make a certificate issued by the proper authority, that there was reasonable cause of detention, protect them against damages in cases of detentions, in the same manner as is now provided in cases of seizures; and to provide for the safe keeping, and restoring when proper, and on security being given, the vessels and property which may be detained.-2. Attempts have in several instances been made to wrest from the

-Some other provisions appear also necessary for the purpose of carrying the laws more completely into effect along our land frontiers.--1. The exportation of specie by land should be expressly prohibited.-2. The power of detaining deposits should be so expressed as to leave no doubt of the authority to detain waggons and other carriages laden and actually on their way to a foreign territory. Although I cannot perceive any reason for the distinction, it has been supposed in one of the districts, that the law which authorised the detention of flour, beef, or potash deposited in a warehouse, did not extend to the case of their being deposited in a waggon although evidently on its way to Canada.3. The offence now published by law is that of exportation. This is not consum-collectors by writs of replevin issued by the mated till after the property has been ac- state courts or officers, property detained tually carried beyond the lines, where be- or seized by said collectors, or which, in ing in a foreign jurisdiction, it cannot be any other manner, is in their possession in seized so that forfeiture, which is the conformity with some law of the United most efficient penalty, can never apply to States. It is evident that such attempts, exportations by land; and the bond being if submitted to, would defeat not only the required, as in the case of vessels, the only embargo but also the revenue laws of the remedy is the uncertain one of recovering United States; that whenever property penalties against apparent offenders who is by virtue of the law of the United either abscond or have no property. How States in the possession of a collector, marfar it may be practicable to make the act shal, or any other of their officers, no process of preparing the means of exportation pu- in rem, which will take the property away, nishable, or provide some other remedy, is whether of replevin, attachment, or any submitted to the Committee.-But it must other, can be legally issued by a state aualso be observed, that every degree of op- thority; and that the sheriff or other perposition to the laws, which falls short of son executing the same must be considered treason, is now with but few exceptions, an as a mere trespasser, and be resisted acoffence undefined and unprovided for by the cordingly. But there is no other way at laws of the United States. Whence it fol- present to resist such illegal process but lows that such offences remain unpunished actual force. And it appears necessary when the state authoritics do not interfere. that another remedy should be afforded, The necessity of defining those offences by providing a summary mode of superby law as misdemeanors, and of providing seding any such process, through the inan adequate punishment, appears obvious terference of the courts of justice of the -I will beg leave here to add that it does United States; and by making it penal not appear necessary to continue any longer for any sheriff, or other person, to execute the indulgence granted to the British mer- the same, or in any manner to attempt to chants to import for the use of the Indians take property which by virtue of any law articles of which the importation is ge- of the United States is in the collector's nerally prohibited by law, as that pri- possession.-3. In some instances where vilege is liable to great abuse, and af- vessels and cargoes libelled for infractions fords just ground of dissatisfaction to Ame- of the embargo have been restored to their rican citizens.--Whether it be adviseable owners on their giving security for the apto continue the permission given to those praised value, the valuations have been so Indian traders to export furs and peltry, low as to reduce the forfeiture to an inconis a question to be decided by political siderable sum, thereby defeating altogether considerations.-The last branch of the the law. It is suggested that this might subject to which I wish at present to call be prevented by a provision authorising the attention of the committee, relates to and directing the district judges to set interruptions and certain injurious pro- aside on motion of the district attorney, ceedings attempted under colour of law. such valuation, whenever in their opinion 1. Vexatious suits are brought against col-falling short of the true value.--On the

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