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Art. 4. No person shall be liable to persecution on account of their political opinions or writings, any more than those employed in a public capacity, for what they may have done hitherto, in the exercise of their employments, or in obedience to their former government; nor shail the people suffer for the efforts which they may have made for their defence. Answer-Granted. Art. 5. No other contributions shall be exacted beyond the ordinary ones that have hitherto been paid. Answer Granted, till the realm shall definitively be organized.

Art. 6. Our laws, customs, and courts of justice, shall be preserved in their present constitution. Answer Granted, until the kingdom undergoes its definitive organization.

Art. 7. The French officers and their troops shall not be quartered in private houses, but in military lodging-houses and tents, and by no means in convents or monasteries; the privileges allotted to the respective classes by the laws being preserved. Answer-Granted, it being well understood that both the officers and privates must have quarters and tents that are furnished conform ably to the military regulations, unless the said buildings be sufficient.

Art. 8. The troops shalt march out of the town with the honours of war, and be at liberty to retire whithersoever they choose. Answer-The troops shall march out with the honours of war; they shall march off by files to-day at four o'clock in the afternoon, and leave their arms and cannon, the armed peasants shall also leave their arms and artillery; after which the inhabitants shall retire to their houses, and those from without the town to their villages. All the individuals that have enlisted among the troops of the line four months ago, shall be free from their engagements, and retire to their villages. All the rest shall continue prisoners of war till an exchange takes place, which will commence immediately between equal Dambers, and rank for rank.

Art. 9. The public debts and engages ments of the stare shall be faithfully and constantly discharged. Answer This being a political object, belongs to the cognizance of the assembly of the realm, and depends on the general ad

mimistration.

Art. 10. Those generals who wish to continue in the capital, shall preserve

their rank, and such as are desirous of quitting it, shall be at liberty so to do. Answer-Granted they shall remain in their station, although their pay can only continue till the kingdom receive its ultimate organization.

ADDITIONAL ELEVENTH ARTICLE.

A detachment of guards shall this day, at four o'clock, take possession of the palace gates. The different gates of the city shall, about the same time, be delivered up to the French army. The guard-house of the body guards, and the general hospital, shall be surrendered to the French army at the same time. At the same hour, the park of artillery and engineers. The works and entrenchments shall be levelled, and the streets repaired. The French officer about to take the command of Madrid shall, about mid-day, repair, under a military guard, to the house of the principal (governor), in order to concert with government, regulations of police, and measures for the re-establishment of good order and public security in all parts of the town.

We, the undersigned commissioners, authorised by full powers for settling and signing the present capitulation, have agreed upon the faithful and entire

execution of the above measures.

FERNANDO DE LA VERA Y PANTAGA
TOMAS DE MORLA.
ALESANDRO.

Imperial Camp at Madrid, Dec. 11.

Reply of Bonaparte to the Address of the Corregidor of Madrid, in the wame of the Magistracy and Citizens of that Capital:-(See P. 26.) I am pleased with the sentiments of the city of Madrid. I regret the inju ries she has suffered, and am particularly happy that, under existing circumstances, I have been able to effect her de liverance, and protect her from greater calamities. I have hastened to adopt measures calculated to tranquillize all ranks of the citizens, knowing how painful a state of uncertainty is to all men, collectively and individually. I have preserved the spiritual orders, but with a limitation of the number of monks. There is not a single intelligent person who is not of opinion that they were too numerous. Those of them who are influenced by a DIVINE CALL, shall remain in their cloisters. With regard to those whose call was doubtful, or influenced by temporal considerations, I have fixed

their condition in the order of secular priests. Out of the surpluss of the monastic property, I have provided for the maintenance of the pastors, that impar > tant and useful class of the clergy. I have abolished that court, which was a subject of complaint to Europe and the present age. Priests may guide the minds of men, but must exercise no temporal or corporeal jurisdiction over the citizens. I have accomplished what I owed to myself and my nation. Vengeance has had its due. It has fallen upon ten of the principal culprits; all the rest have entire and absolute forgiveness. I have abolished those privileges which the grandees usurped, during times of civil war, when kings but too frequently are necessitated to surrender their rights, to purchase their own tranquillity, and that of their people. I have abolished the feudal rights, and henceforth every one may set up inns, ovens, mills, employ himself in fishing and rabbit hunting, and give free scope to his industry, provided he respects the laws and regulations of the police. The selfishness, wealth, and pros perity of a small number of individuals, were more injurious to your agriculture than the heat of the dog days.

As there is but one God, so should there be in a state but one judicial power. All peculiar jurisdictions were usurpations, and at variance with the rights of the nation; I have abolished them. I have also made known to every one what he may have to fear, and what he may have to hope. I shall expel the English army from the peninsula. Saragossa, Valencia, Seville, shall be reduced to submission, either by persuasion, or the power of my arm. There is no obstacle which can long resist the execution of my resolutions.But what transcends my power is this to consolidate the Spaniards as one nation, under the sway of the King, should they continue to be infected with those principles of aversion and hatred to France, which the partizans of the English and the enemies of the continent have infused into the bosom of Spain. I can establish po nation, no King, no independence of the Spaniards, if the King be not assured of their attachment and fidelity.

The Bourbons can no longer reign in Europe. The divisions in the royal family were contrived by the English. It was not the dethronement of King

Charles, and the favourite (the Prince of the Peace) that the Duke of Infantado, that tool of England, as is proved by the papers found in his house, had in view. The intention was to establish the predominant influence of England in Spain; a senseless project, the re sult of which would have been a perpetual continental war, that would have caused the shedding of torrents of blood. No power under the influence of England can exist on the continent. If there be any that entertain such a wish, their wish is absurd, and will sooner or later occasion their fall. It would be easy for me, should I be compelled to adopt that measure, to govern Spain, by establishing as many viceroys in it as there are provinces. Nevertheless, I do not refuse to abdicate my rights of conquest in favour of the King, and to establish him in Madrid, as soon as the 30,000 citizens which this capital contains, the clergy, nobility, merchants, and lawyers, shall have declared their sentiments and their fidelity, set an example to the provinces, enlightened tbe people, and made the nation sensible that their existence and prosperity essentially depend upon a King and a free constitution, favourable to the people, and hostile only to the egotisin and haughty passions of the grandees.

If such be the sentiments of the inhabitants of the city of Madrid, let the 30,000 citizens assemble in the churches; let them, in the presence of the holy sacrament, take an oath, not only with their mouths, but also with their hearts, and without any jesuitical equivocation, that they promise support, attachment and fidelity to their King; let the priests in the confessional and the pulpit, the mercantile class in their correspondence, the men of the law in their writings and speeches, infuse these sentiments into the people: then shall I surrender my right of conquest, place the King upon the throne, and make it my pleasing task to conduct myself as a true friend of the Spaniards. The present generation may differ in their opinions; the passions bave been brought into action; but your grand children will bless me as your renovator; they will reckon the day when I appeared no mong their memorable festivals; and from that will the happiness of Spain date its commencement. You are thus, Monsieur la Corregidor," added the Emperor, "informed of the whole of

my determination. Consult with your fellow citizens, and consider what part you will choose; but whatever it be, make your choice with sincerity, and tell me only your genuine sentiments." Madrid, Dec. 24.-This capital exhibits an extraordinary sight. Registers were opened in sixty-four quarters. Thirty thousand fathers of families 'rushed to these in a crowd, and have signed a supplication to his Majesty, in which they entreat him to put an end to their misfortunes, by granting them his august brother Joseph, as King.At the same time, the host was elevated in all the churches. The priests attended at the altars, All honest men, even those of the lowest classes of society, enlightened by the calamities that fell on them in consequence of the absence of the government, eagerly flocked to take the oath of fidelity to their new sovereign.- Moniteur.

On the 21st. inst. Brigadier-Gen, Stewart, accompanied by Col. (Vis Count) Chabot, arrived at Lord Castlereagh's office. Soon after, the following note was circulated in the ministerial circles :

Downing Street, Jan. 21. Brig. Gen. Stewart, who arrived in town this morning from Sir J. Moore, left Corunna on Friday se'nuight. At the time of his departure, the entire of the British army had arrived in Corunna, or were quartered within-its immediate vicinage our most advanced guard was stationed at Burgo, where General Beresford, with a corps of 5000 men, was occupied in constructing works to defend the passage of the river. The ene my were in force on the opposite bank, and at Crisino; and the Duke of Dal matia was understood to have established his head-quarters at Betanzos,

The army reached the neighbourhood of Corunna on the 11th, but in consequence of unfavourable winds, the transports did not get round till the evening of the 13th-every thing was prepared to begin the embarkation on the morning following-it was appreheaded that a sacrifice of some horses, baggage, and stores, would be unavoidable, but there was no doubt but nearly the whole of the troops would be got off, The rear-guard of our army had, during its retreat, frequent skirinishes

with the enemy; but on every occasion, the superior gallantry and conduct of our troops were conspicuous. In passing the river Neyra, they were attacked by a considerable more numerous body of the enemy, led on, it is said, by the Duke of Istria in person, but without the least interruption to that movement, In the neighbourhood of Hospital de Chemosco, the enemy again came in contact with our troops, and was again repulsed. A short distance from Lugo, Sir J. Moore found that the enemy had accumulated to such a degree, as to endanger the safety of his covering column, and he resolved to give them battle; for that purpose he formed his army, who were eager to advance, but he contented himself with that demonstration, and having sent forward his sick, baggage, &c. continued his march without further interruption.

The French had a corps at Puentedeume, on its route to Ferrol.

The Spanish army, under the Marquis de la Romana, sustained several attacks from the enemy, on its retreat to Astorga. The troops behaved well; but they suffered greatly from the superior about 3000 mert, constituting the left numbers opposed to them. A body of wing, maintained its position on the Elza, during the 29th and 30th, against the greatest part of Marshal Soult's division.

GAZETTE EXTRAORDINARY.

Downing-street, Jan 24. 1809. The Hon. Capt. Hope arrived late last night, with a dispatch from Lieut. General Sir David Baird, to Lord Vis count Castlereagh, one of his Majesty's principal secretaries of state, of which the following is a copy :

His Majesty's Ship Ville de Paris, at Sea, Jan. 18.

SIR-By the much-lainented death of Lieut.-Gen. Sir John Moore, who fell in action with the enemy, on the 16th inst. it has become my duty to acquaint your lordship, that the French army attacked the British troops in the posi tion they occupied in front of Corunna, at about two in the afternoon of that day.

A severe wound, which compelled me to quit the field, a short time pres vious to the fall of Sir John Moore. obliges me to refer your lordship for the particulars of the action, which was

long and abstinately contested, to the inclosed report of Lieutenant-General Hope, who succeeded to the command of the army, and to whose ability and exertions, iu direction of the ardent zeal and unconquerable valour of his Majesty's troops, is to be attributed, under Providence, the success of the day, which terminated in the complete and entire repulse and defeat of the enemy, at every point of attack-The Hon. Capt. Gordon, my aide-de-camp, will have the honour of delivering this dispatch, and will be able to give your lordship any further information which may be required. I have the honour to be, &c.

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DAVID BAIRD, Lieut. Gen His Majesty's Ship Audacious, off Corunna, Jan. 18. SIR-In compliance with the desire contained in your communication of yesterday, I avail myself of the first moment I have been able to command to detail to you the occurrences of the action, which took place in front of Corunna on the 16th inst.

It will be in your recollection, that about one in the afternoon of that day, the enemy, who had in the morning received reinforcements, and who had placed some guns in front of the right and left of his line, was observed to be moving troops towards his left flank, and forming various columns of attack at that extremity of the strong and commanding position, which on the morning of the 15th he had taken in our immediate front.

This indication of his intention was immediately succeeded by the rapid and determined attack which he made upon your division which occupied the right of our position. The events which occurred during that period of the action you are fally acquainted with. The first effort of the enemy was met by the commander of the forces, and by yourself, at the head of the 42d regiment, and the brigade under Major General Lord William Bentinck. The village on your right became an object of obstinate contest.—I lament to say, that soon after the severe wound which deprived the army of your services, Lieut.Gen. Sir John Moore, who had just directed the most able disposition, fell by a cannon shot. The troops, though not pnacquainted with the irreparable loss they had sustained, were not dismayed; but by the most determined bravery ups

only repelled every attempt of the enemy to gain ground, but actually forced him to retire, although he had brought up fresh troops in support of those originally engaged.

The enemy finding himself foiled in every attempt to force the right of the position, endeavoured by numbers to turn it. A judicious and well-timed movement which was made by Major General Paget, with the Reserve, which corps had moved out of its contonments to support the right of the army, by a vigorous attack, defeated this intention. The Major General, having pushed forward the 95th (rifle corps) and 1st battalion 52d regiments, drove the enemy before him, and in his rapid, and judicious advance, threatened the left of the enemy's position. This cir. cumstance, with the position of Lieut. Gen. Fraser's division (calculated to give still further security to the right of the line) induced the enemy to relax his efforts in that quarter.

They were however more forcibly directed towards the centre, where they were again successfully resisted by the brigade under Major General Manningham, forming the left of your division, and a part of that under Major General Leith, forming the right of the division under my orders. Upon the left, the enemy at first contented himself with an attack upon our piquets, which however in general maintained their ground. Finding, however, his efforts unavailing on the right and centre, he seemed determined to render the attack upon the left more serious, and had succeeded in obtaining possession of the village through which the great road to Madrid passes, and which was situated in front of that part of the me. From this post however he was soon expelled, with considerable loss, by a gallant attack of some companies of the 2d battalion 14th regiment, under Lieut. Colonel Nichols; before five in the evening, we had not only | success❤ fully repelled every attack made upon the position, but had gained ground in almost all points, and occupied a more forward line, than at the commeficement of the action, whilst the enemy' confined his operations to a cannonade and the fire of his light troops, with al view to draw off his other corps. At six the firing entirely ceased. The different brigades were re-assembled a☛

the ground they accupied in the morning, and the piquets and advanced posts resumed their original stations,

Notwithstanding the decided and marked superiority which at this moment the gallantry of the troops had given them over an enemy, who, from his numbers and the commanding advantages of his position, no doubt expected an easy victory, I did not, on reviewing all circumstances, conceive that I should be warranted in departing from what I knew was the fixed and previous determination of the late commander of the forces to withdraw the army on the evening of the 16th, for the purpose of embarkation, the previous arrangements for which had already, been made by his order, and were, in fact, far advanced at the commencement of the action, The troops quitted their position about ten at night, with a degree of order that did then credit. The whole of the artillery that remained unembarked, having been withdrawn, the troops followed in the order prescribed, and marched to their respective points of embarkation in the town and neighbourhood of Corunna, The piqucts remained at their posts until five on the morning of the 17th, when they were also withdrawn with similar orders, and without the enemy having discovered the movement,

By the unremitted exertion of Captains the Hon. H. Corzon, Gosselin, Boys, Rainier, Serrett, Hawkins, Digby, Carden, and Mackenzie, of the royal navy, who, in pursuance of the orders of Rear-Admiral De Courcy, were entrusted with the service of embarking the army; and in consequence of the arrangements made by the commissioner Bowen, Captains Bowen and Shepherd and the other agents for transports, the whole of the army was embarked with an expedition which has seldom been equalled. With the exception of the brigades under Major Generals Hill and Beresford, which were destined to remain on shore, until the movements of the enemy became manifest, the whole was afloat before day-light. The brigade of Major. Gen. Beresford, which was alternately to form our rear guard, occupied the land front of the town of Corunna; that under Major Gen, Hill was stationed in reserve on the promontory in rear of the town.

The enemy pushed his light troops rewards the town soon after eight

o'clock in the morning of the 17th, and shortly after occupied the heights of St. Lucia, which command the harbour. But notwithstanding this circumstance, and the manifold defects of the place, there being no apprehension that the rear-guard could be forced, and the Spaniards appearing to be good, the embarkation of Major General Hill's brigade was commenced and completed by three in the afternoon; Major Gen.. Beresford, with that zeal and ability which is so well known to yourself and the whole army, having fully explained, to the satisfaction of the Spanish governor the nature of our movement, and having made every previous arrangement, withdrew his corps from the land front of the town soon after dark, and was, with all the wounded, that had not been previously moved, embarked before one this morning.

Circumstances forbid us to indulge the hope, that the victory with which it has pleased Providence to crown the efforts of the army can be attended with any very brilliant consequences to Great Britain. It is clouded by the loss of one of her best soldiers. It has been achieved at the termination of a long and harrassing service. The supe rior numbers, and advantageous positions of the enemy, not less than the actual situation of this army, did not admit of any advantage being reaped. from success. It must be, however to you, to the army, and to our country the sweetest reflection, that the lustre of the British arins has been maintained) amidst many disadvantageous circum. stances. The army which had entered Spain, amidst the fairest prospects, had no sooner compleated its junction, than owing to the multiplied disasters that dispersed the native armies around us, it was left to its own resources. The advance of the British corps from the Duero, afforded the best hope that the South of Spain might be relieved; but this generous effort to save the unfortu nate people, also afforded the enemy the opportunity of directing every effort of his numerous troops, and concentrating all his principal resources for the destruction of the only regular force in the North of Spain. You are well aware with what diligence this system has been pursued.

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These circumstances produced the necessity of rapid and harrassing marches, which had diminished the

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