Augusta herald. (Augusta [Ga.]) 1799-1822, November 13, 1799, Image 2

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ym LOWER-ELRE, August 4. S The Paris letters of the 26th ult. con |tain an official message from the dirertory jto the two councils, giving copious de itails, from Moreau, refperting the battle of rfthe 15th, in which the French seem to I have performed prodigies of valor. Jou- Ibert was killed in the onset of the action : ■ rufhmg forward, to animate his troops in la charge with the bayonet, crying advance! \ advance! a ball smote him on the right I fide, piercing his heart, and falling to the If ground he waved his hand, exclaiming 1 match on ! match on ! and expired almost I immediately. Gen. Moreau then commanded in chief, exposed bimfelf to every danger, having a ; horse killed tinder him : a ball grazed his ' right fide. General Moreau concludes his difpatch ,es thus :—“ Our troops performed prodi gies of valor. The artillery did wonders. The corps of Ruffians were cut to pieces: it attempted four attacks, and was repulsed. The corps of general Kray charged with the attack of the left, was almost driven from the field of battle at 3 o’clock ; every thing seemed to promise a happy success. • Generals St. Cyr, Perignon, Croucy, dif tinguiflied themselves particularly. lam perhaps wrong to mention foine, for all | did their duty. There are very few who are not wounded, with their horses. Ge neral Partoneau was made prisoner : but the hostile general Lufinon was also taken, being wounded in the charge. I sent him ' back to be exchanged. Joubert died at fix in the morning,and the artion continu s ed till evening.” MILAN, August 17. Letter from gen. Melas to count Cocaftclli, commijfary of government. I hasten to inform you of one of the moil splendid victories we have gained in the present campaign. The enemy’s ar my, 50,000 strong, had advanced to re lieve Tortona. Our army quitted its po litions in the mountains, and retreated in to the plains, in hopes the enemy would follow 11s ; but he would not advance, and 1 we resolved to attack him. For this pur pose gen. Kray attacked the left wing, and the Ruffians the centre. The battle com menced on the 15th of August, and was extremely bloody. Thrice the Ruffians stormed the enemy’s centre, but they were fepulied each time with loss. I now took the command of our right wing, confiding of 3 battalions of grenadiers and 6 of Au ftrain infantry, and attacked the left wing of the enemy. In spite of the most obfti »*<iftancr, and a ilraodful firs of artll lery, we gained the heights; the enemy was overthrown in every quarter, driven to flight and pursued till late last night. General Joubert remained dead on the field of battle, and Moreau was mortally wounded. We have taken prisoners the four generals Grouchy, Perignon, Belle grnnd and Corli, from 4 to 5000 inferior officers and privates, and the whole of the enemy’s artillery is in our poffdlion. Our own loss in this most brilliant victory is likevvife not inconsiderable ; but its con sequence will no doubt be glorious; and we may hope to fee the French entirely driven out of Italy. (Signed) MELAS. VIENNA, August 24. The battle of Novi was the most dread ful and bloodied, that has taken place since the renewal of the war, and general Melas has gained never-fading laurels. Had Jou bert not fallen and thus the French army brought into coufitfion, the carnage might have lafred much longer. This is the fourth defeat of the French in Italy ; Kray defeated Scherer; Suwarrow and Melas, Moreau, then .Macdonald, and now Jou bert. Only Championet remains now to be conquered. Fort Brunette, in Piedmont, nine miles from the fortrefs of Briancon, on the fron tiers of France, is f.tid to be occupied by the allies,from whence they mean to bom bard fort Sufa, opposite to It. Last night a courier arrived here from the archduke Charles, who brings intelli gence of an art ion having commenced be tween his royal highness and Maflena, which at the departure of the courier, was in favor of the archduke. Further ac counts are anxioully experted. London Gazette, August 24. C.ipt. Boorder to vice admiral lJickfon. “ Yarmouth Roads, August 20. Sm, 1 have to acquaint you of mv arrival at this anchorage, with his majesty’s tloop tinder my command, and of mv having, in company with the Pylades sloop and Courier cutter, cut out and took pofleffion of, on the nth instant, from Shicnmnni koo, (in Holland) the Crash gun brig (for merly in our service) mounting 12 guns, 18, 24 and 32 pounders ; as also having I bnmt a schooner, of seventy men ; like ly wife took potiefiion of a row boat of thir previoufiv driver, the men from the battery) spiked four pieces of cannon, and brought off two brass field pieces, 4 pounders. The Craflt made an obltinate refilhnee from forty to fifty minutes, and then (truck. lam hippy to add not more than two men were killed on our file, anci three wounded ; and recommend theCraflt as an excellent vefl'el, well calculated for his majrfty’s service, being of a small draught of water. 1 cannot but express my fatisfartion on our keeping the fliips afloat, as in many places our soundings proved there to be not more than fourteen feet, the Efpeigle drawing twelve. I am, bir, &c, James Booder. Vice-admiral Dickson. Capt. Sotherton, in a letter to lord Dun can, speaking of the above affair, fays, “ The Latona,” which he commands, not being able to art, I may without vanity fay, as we were only fpertators, it has been as gallant an achievement as has ever been remembered. HAMBURG, September 6. We have a right to contradirt upon the heft authority, several articles contained in the last Holland papers, refperting the fimimons sent by admiral Duncan to ad miral Story. This summons which was generally looked upon as official, is totally erroneous; in the firft place, the summons was sent in the name of admiral Mitchel, not in that of Duncan, the latter only add ed the poftfeript, by which he invites the Dutch officers to join him, and offers them his friendfliip and protertion; it is en tirely unfounded, that any mention was made by the British admiral refperting the landing of 20,000 troops at theHelder; for such was the position of the Dutch fleet at the time, that to effert such land ing without their knowledge, must have been utterly impossible, this therefore is contradictory in itfelf; it is equally un founded and erroneous, that any mention has been made by the British admiral, ref perting the sovereignty of the prince of Orange. The Danifli Imperial col. de Frufman, is arrived at St. Petersburg, in which place according to our information, the king of Prussia will keep a charge d’affairs, after the departure of the ambaflador. Our correspondent in Mayland fays, that the Imperial gen. Kray has been obli ged to march suddenly with a considerable corps, towards Novarra and the county of Wallis, in consequence of the French gen. Lecourbe’s threatening to invade Lom bardy, PARIS, August 30. Extract of a letter from Brest , dated Aug. 19. Desertion among the sailors and soldiers belonging to the fleet, is risen to an alarm ing degree, not a day elapses on which our out ports flop less than 20 or 30 sailors and soldiers; Spaniards not excepted ; it is high timeto prevent such disorderly pro ceedings; the British cruisers which are off here, have taken some neutrals coming from Brest; several French and Spanish men of war have parted their anchors dur ing the last heavy gale. The rumor that Paulo, the ch’wf of the iufurgents was llain, is contradirted; Du bois Crane is gone to the army of Italy. The courier extraordinary, who left Italy on the 15th of Auguft,* for Paris, with the details of the bloody battle of Novi, broke a leg by the way; through this accident the dispatches were retarded five days later; —all the grape (hot was expended before our artillery began to re treat ; immediately after the battle was ended, general Moreau sent a courier to general Championet, requesting him to take the command of the army. Among the 8,400 Austrians who were made prisoners in Switzerland, are one co lonel of Brigade, two majors, and 115 of ficers. All the conscripts in the departments of Du Nord, De l’Aifne, and from Pass du Calia, arc in requisition, to keep tranqui lity in Belgium, in case that country fliould be invaded by the Anglo-Ruffinns; our public prints fay, that Pichegru is in or near the tnviroi\s of Duilburg, on the frontiers of Holland. Three new legions are raising, one of Polanders, one of Cifalpines, and one of North Franconians; 2,259,138 franks, are granted to meet the expence of this corps. Our newspapers here agree in stating, that the proclamations and regulations, made by Bernadolte, our minister of war, ire not alone approved of, but are said to be the bert that ever existed. * All our troops in the vicinity of Co logne, as well as those stationed along the Meuse, have received orders to march without delay to Holland, they will be re instated by frcfli troops from the interior. General Ferino, with two divisions, is to crofsthe Rhine near Baile, and is todi rert his march toward Shaffhaufen. It is decreed that monuments (hall be ertfted tor all those of our generals who may fall in battle; new schemes have been transmitted to them for contemplation, 1 1 supposed 10 be the best ;o repair our losses. | FYom Strsfburg we learn that all our troops in those diitriCts, are kept in readi ness to cross the Rhine at a moment’s no tice, to penetrate into Suabia. . The minister of war has required of ci tizen Muller, provifbry general of the ar my of the Rhine, to watch with unremit ting vigilance, the conduct of many fo reign agents, and to otfer a reward of one hundred franks, to any soldier who will indite, and bring to convi&ion any one who has, or intends to inlift any of our 18 milions were granted to the minister of war, to supply the wants of the French prisoners in England, as well as those of the combined fleets. At Bread, copper coin to the amount of 10 millions is emit ted, and will be speedily brought in circu lation. The Spanish squadron at Rochefort is ready for sea. In Toulouse, the execution of the cap tive royalists commences, in the latter en gagement 300 of them threw themselves into the river Garonne, all of whom were drowned ; our troops under gen. Comes, took 2 standards, and 1200 prisoners. The royalists in the department due Gers, are more fuccefsful. St. Ciaire, Montfort, See. are among the places which fell into their hands. In the department of Seine (Paris,) four persons have fubferibed to the new loan from 200,000 to 400,000, nine from 100,000 to 200,000, and twelve from 50,000 to 100,000 franks. The taxes of 210 persons only, amounts to the enor mous aggregate of 7 1-2 millions. Reports from the national treasury state, that the monies demanded for the present emergencies of this month, cannot be col lected, and that the most of the civil, and a great number of the military officers, have not received any salary for these fix months pad. Briot in his addref* to the council of five hundred said, “ that he deemed it ad visable to manifeft to all foreign powers, their desire of peace, the basis of which should be the independence of the repub lics in Italy; and the guarantee of the pre sent boundaries of the republic.” CHARLESTON, November 7. On Saturday night lad, a little before 12 o’clock, a fire was difeovered on board the Swedidi brig Polypheme, capt. Etef trand, lying at Geyer’s South wharf, which arrived herefrom Malaga on the 26th ult. the fire had gotten to such a height between decks before aflidance was afforded, that notwithdanding every exertion her two decks were burnt off; she had on board 210 pipes of Brandy, and 10 pipes of Wine, of which it is feared the greater part \is damaged, or dedroyed. The accident is supposed to be owing to the sailors going to deep leaving a candle burning ; happily the night was calm; owing to this cir cumdance, and the condant playing of water from the engines, the mifehief was prevented from spreading. Died, on Thursday evening, after a diort illness, aged 26 years, Mrs. Loui/a Williamson , wife of Mr. J. B. Williamson, of the Charledon Company of Comedians. The early death of this mod accomplished aCtrefs, is truly lamented by all who have enjoyed the plealurc of feeing her on the dage, where die Ihone unrivalled; in a word, since die has been known in this city, die has been the delight of our Thea tre. HERALD. AUG U S T A, WEDNESDAY, November 13, 1799. MejJrs. Randolph Ctf Bunce, IN your lad paper I observed an extradl from a decision of the supreme ju dicial court of Madachufetts, embrace tngafubjeCt which has occasioned in the minds of men, conddernble speculation and some diversity of opinion. As this decidon may in its consequences be inter eding to the citizens of this date, and as the principles which governed it, are of uniform and universal obligation, it may be pleadng to your readers to have a date ment of the case at length ; I therefore fend it to you for publication. It may be proper to notice, that the cause was tried before Judge Dana, chief judice of Maffa chuletts, and four aflociate judges—a tri bunal which probably dands as high as any court of judicature in the United States, for integrity and legal information: in the decidon the judges all concurred, and a more jud, equitable and proper deci don, was in my opinion never pronoun ced, and I will add the decidon is l'uch as I have ever calculated upon and predicted, from the time the foundation for the ques tion was laid by the unprecedented pro ceedings of Georgia. Z. Suffolk, JJ. Supreme Judicial Court, August Term , 1799. DERBY vs. BLAKE. 1 This, was an aCtion by the indorfee, a gainft the indorfer of a promissory Ro}a . hand, for payment of five thousand A 1 !ars—the inducement was J n Cf form, and dated 6th February which time also the defendant haci .*^ dt ed from the plaintiff a special agreed" relative to said note, fpecifying the deration for which the fame was indorf d and declaring it to be toid, and to v turned to defendant, on the happening a certain contingence.—This special °* greement, without any objection 0 n th* part of plaintiff’s counsel, was fufFered to be fiiovvn against the note, and was relied on in the defence:—Whereupon the fid lowing fails were established, viz. That on the 26th dav of January r-, n /: Messrs. Jackson and Wiliiamfon, for a certain company in Georgia, called the Georgia Miffifhppi Company, entered into a contrail, bearing date on said 26th January, with laid Derby, and sundry p er . lons in Boston, and elsewhere, for the f a ; a of a large trail of land, supposed to con tain between eleven and twelve millions acres, lying between the Mississippi anc j Tom Bigby rivers, within the reputed boundaries of the said State of Georgia— By this contrail, the said Jackson and Wiliiamfon were expressly holden to con-- vey to the purchasers, by filling up, com pleting and delivering to them, at Boston on the 12th day of February, then nex-* a certain deed which had been previously signed and sealed by the said Georgia Mis. fillippi Company, in Georgia, in which deed, blank spaces had been left for the insertion of date, consideration, and the names of any persons who should become purchasers of the land ; and for the pur. pose of completing these omissions, the said Jackson and Wiliiamfon were veiled with a special .letter of attorney from the said trustees of the said G. M. Co. The present plaintiff, Mr. Derby was one of the persons contrailing with Jackson and Wiliiamfon, and had lubfcribed for (two fliares, so called) or 500,000 acres, at ten cents per acre, to be secured by notes of hand, as particularly set forth in the con tract. That after the said 26th January, and before the 12th February, the present defendant purchased of the'plaintiff, his right of subscription, so termed agreed to take his place in the contraCl, and was to receive all the benefits and incur all the hazards that might result from the fame, for which the defendant agreed to give him certain notes of hand to the amount often thousand dollars. Immediately upon ex ecution erf this agreement with Derby, the defendant fold to Messrs. Judd and Wells, the fame right to the said two shares, so purchased of said Derby ; and at the fame time the defendant made and delivered to the said Judd and Wells, his written obli gation, whereby he promised, that in case the contraCl of the 26th January, with Jackson and Wiliiamfon should be dissol ved or not carried into execution, then the notes aforefaid fliould be considered as void, and be re-delivered to the makers of them. Os these notes, ten thousand dol lars were thereupon transferred to Derby, by the defendant’s blank indorfement, and at the fame time Derby made to him a written agreement, reciting the substance of the defendant’s agreement with Judd and Wells, and stipulating, that in case Jack son and Williamson’s contrad, as afore faid, should be dissolved, so that the said Judd and Wells fliould not be holden to pay their notes to the defendant, then the notes indorfed to Derby, fliould also be come void, and be delivered back to the indorfer. (To be concluded in our next.) Extra ft of a letter from Porto Rico, dated the loth September. “ I have seen the orders of general Des ferneux, of Guadaloupe, to the captains of privateers—they are to take all Americans coming from or bound to any port what ever. —In consequence thereof fix priva teers have already failed, and as many more commissions have been received a few daysfince. So that the risk will be very great to Americans in general, and particularly as there are no vessels of war belonging to the United States to be seen in these seas.” [ Philadelphia paper.) LEXINGTON, (Kent.) Sept. 26. The yellow fever has paid its annual visit to New-Orleans, and many Ameri can citizens have fallen viClims to its rava ges. Among the number is captain Sa muel Price, of this place. RALEIGH, Oflober 29. Died, at Edenton, in this date, on Sun day the 20th inflant, after a very short illness. that valuable and highly refpe&ed citizen, the Honorable James Iredell, one of the Associate Judges of the United States. His memory will long be held dear by those who knew him belt, on account of the many and eminent services rendered to this date; and his philanthrophy and suavity of manners, had procured hinj friends amongd some of the wifedand heft men in every part of the Union, who will deeply regret his loss.