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The first accounts relative to Madrid stated that that city had surrendered at discretion. But we learn from Madrid Gazettes of more recent dates, that it surrendered, not at discretion, but upon capitulation. The terms are in substance as follow:

"No religion but the Roman Catholic religion to be legally tolerated. Liberty and security to the lives and property of the citizens, including the secular and regular ecclesiastics, with the respect due to churches, &c. also of military officers, &c. They may remove if they chuse. No prosecutions for political opinions or writings. By the 5th article it is provided, that no other contributions shall be exacted, beyond the ordinary ones that have hitherto been paid; that the laws, customs, and courts of justice, shall be preserved in their present constitution. The troops shall leave their arms and cannon. The armed peasants shall also leave their arms. The individuals that had enlisted among the troops of the line four months ago, are freed from their engagements, and the rest remain prisoners of war until regularly exchanged. The public debts and arrangements of the State shall be faithfully discharged. Generals may continue in the capital, and preserve their rank, or quit it if they please."

It will be observed, that to the article providing that "no other contribution," &c. and we believe all that follow, the answer is, "Granted, until the kingdom undergo its definitive organization."There is not one word about King Joseph, nor of the Bayonne Junta, nor of their definitive organization, nor of that constitution there boasted as so full of ⚫ freedom, and so likely to produce per manent prosperity to the country. This definitive organization alludes, no doubt, to the change which he threatened in his proclamation after the capture of Madrid, that he would place the crown of Spain upon his own head, and fix another for his brother,—and that other will be Portugal.

The Supreme Junta bave published the following strong protest against the capitulation:

"Spaniards--The hired emissaries of the tyrant, with the design of misleading you, and bringing the Supreme Governing Junta of the kingdom into disreJan. 1809.

pute, spread reports that the latter have approved the capitulation of Madrid. This sovereign body feel it to be their duty to contradict rumours, the object and tendency of which is to sow distrust between the Government and the people, and to produce general discouragement and anarchy, and to expose to contempt the sacred oath of your representatives. Spaniards, the Supreme Jun ta, whose motto is Death or Liberty,' are far from approving of the capitulation of any town. That which recognizes the usurper, and submits to the law of the tyrant, is not Spanish-it is an enemy. These are the sentiments of the Supreme Junta--sentiments which they will never belie, in word or deed; and whatever you may be told by the partisans of despotism, those vile wretches who sacrifice to a miserable self-interest the sacred rights of their country, be assured that their reports are calumnies-snares laid for you by the tyrant, to entangle you in the mazes of his infernal policy. The country you have sworn to defend, the religion wherein you have sworn to die, the spouses and offspring you have sworn to protect, a captive King whom you have sworn to rescue-all demand the fulfilment of your promise. And ye, brave inhabitants of Madrid, who refused your as sent to a shameful capitulation, and rising superior to others invested with the command, and even to yourselves, preferred death to misery and slavery, per severe in your generous resolution. The momentary occupation of the buildings of the city by the enemy is of no importance, whilst they are not masters of your hearts. Continue to resist them in the very bosoms of your families; place no confidence in their deceitful professions; reflect that to every people they have promised happiness, and all they have plunged into misery. The Junta, who watch over your destiny, will cause numerous reinforcements to march to that unfortunate capital. They have not forgotten you; no! keep alive your hopes, retain your bravery and firmness, and your deliverance will be the more glorious, as the danger you have encountered has been great."

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picions are now entertained of the loy alty of some of their military leaders, whose character stood high in their opinion when they first took up arms against their invaders.

The former services of General Morla should, it might be supposed, place him far above the suspicion of disaffec; tion; yet it has been repeatedly asserted in the Spanish letters and papers, that at that very interview in which he was so grossly insulted by Bonaparte, he sold himself to the tyrant, and that he wrote a letter to Cadiz, "impressing the folly of making any further resist ance to the power of the French, which was invincible, expatiating at the same time on the generosity and goodness of the Emperor Bonaparte, and his brother Joseph; and above all, cautioning them against the English, who could now only endeavour to carry off their fleet." But the circumstance of Morla's name being affixed to the capitulation of Ma drid, is considered as a conclusive proof of his treachery, and certainly it wears very much the air of a transaction-secretly concluded in the imperial tent, as it bears date the 4th Dec, when he could scarcely have had time to consult any of the authorities in the city. Still, however, we want proof of Morla's treachery.

Another officer of high fame (General Castanos) has also been charged with treason, but the case is widely different from that of Morla. Here we have an accuser, and a direct charge. The accuser is Gen O'Neill, who commanded the left wing of the Spanish army in the battle of Tudela, and who has published an account of it. He attributes the defeat of the Spaniards to Castanos, who drew off the centre at the moment when the left wing was completely victorious. It will be remembered, that according to the statement given by the French themselves, they succeeded by a movement against the centre of the Spanish army, which enabled them to interpose a force between the two wings.--General O'Neill says, that had Castanos" ordered the centre of the ar. my to sustain us, without doubt it would have been one of the most glorious days for the arms of our King of any recordsed in the history of the war."-Castanos, it is said, has since been removed from the command of the army, which has

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been given to the Duke del Infantado; and the former, it is said, is now on his trial at Seville.

The Spanish papers contain a letter from Gen. Vives, giving the particulars of some successful operations of the Spaniards in Catalonia. It states that, on the 26th of Nov. a general attack took place on all the posts occupied by the enemy, without the limits of Barcelona, from all of which he was immediately dislodged, and compelled to take refuge under the guns, of the fortress, with the loss of six or eight pieces of artillery, and some magazines of ammunition, stores, &c. At the same time a firing was commenced from the right and centre of the line, and the enemy were repulsed as far as the walls of Barcelona, from which it will not be an easy task for them to advance again.

We learn, however, from the French bulletins, that Gen. St Cyr, had driven the Spaniards from before Barcelona, and had joined Gen. Dhesme, and that the French force in Catalonia now amounted to 40,000 mer. The bulletins further add, that the garrison of Rosas, amounting to 2000 men, had surrendered to the French, the British men of war stationed there not being able to give them any further relief.

The following bulletin was issued from the French army at Madrid previous to its march against Sir John Moore's army.

"Madrid, Dec. 19.-His Majesty this day reviewed the army which is at Madrid, with all its equipage and appointments. Sixty thousand men, 150 pieces of cannon, more than 1500 carts loaded with biscuit and brandy, formed an assemblage formidable in every respect. The right of the army was stationed on Charmartin, and the left stretched beyond Madrid. The Duke of Belluno still continues at Toledo with the whole of his corps. The Duke of Dantzic, with the whole of his corps, still continues at Talavera de la Reyna. The 8th corps has arrived at Burgos. General St Cyr is forming his junction at Barcelona with General Duhesme. Our posts of cavalry are clearing the roads to the borders of Andalusia. The Emperor has given the army a few days of repose. Very fine fortifications are carrying on upon the heights of Madrid. Six thousand men are employed on these works.

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The small besieging train, composed of the 24-pounders and of small mortars, is arrived. There have been found at Talavera de la Reyna, about 60 men in the hospitals, two or three hundred saddles, and some remains of magazines, belonging to the English troops."

It appears that Marshal Soult was detached to Leon, with about 16,000 men, to reconnoitie the English army, and that Sir John Moore had formed a plan to cut off this division, before any reinforcements should arrive from Madrid. The difficulties of the country, however, and the bad state of the weather, seem to have frustrated this scheme. We are told that Soult's expedition was a feint, to draw on Sir John Moore, in order to favour a general attack by Bonaparte in person. Be this as it will the British cavalry have had some sharp and successful skirmishes with that of the French. Sir John's report of his operations was published in the London Gazette of the 9th, as follows:

Downing Street, Jan. 10. 1809. Dispatches, from which the following are extracts, were on the 8th inst. recieved at the office of Lord Viscount Castlereagh, one of his Majesty's prin. cipal Secretaries of State, from Lieut.General Sir John Moore, K. B. Commander in Chief of his Majesty's forces employed in Spain.

"Benevente, Dec. 28. 1808. "Since I had the honour to address you upon the 16th from Toro, the army has been almost constantly marching through snow, and with cold that has been very intense. The weather, within these few days, las turned to rain, which is much more uncomfortable than the cold, and has rendered the roads almost impassable. On the 21st the ar my reached Sahagun; it was necessary to halt there, in order to refresh the men, and on account of provisions. The information I received was, that Marshal Soult was at Saldana with about 16,000 men, with posts along the river from Guarda to Carriton.

"The army was ordered to march in two columns, at eight o'clock on the night of the 23d, to force the bridge at Carriton, and from thence to proceed to Saldana. At six o'clock that evening, I received information that considerable reinforcements had arrived at Carriton from Palencia, and a letter from the

Marquis de la Romana informed me that the French were advancing from Madrid either to Valladolid or Salaman. ca. It was evident that it was too late to prosecute the attempt upon Scult, that I must be satisfied with the diversion I had occasioned, and that I had no time to lose to secure my retreat.

"The next morning Lieut.-General Hope, with his own division and that of Lieut.-Gen. Fraser, marched to Majorga. I sent Sir David Baird with his division to pass the river at Valmira, and followed Lieut. Gen. Hope on the 25th with the reserve and the light brigades, by Majorga and Calderas, to Benevente. The cavalry under Lord Paget followed the reserve on the 26th; both the latter corps entered this place yesterday. We continue our march on Astorga. Generals Hope and Fraser are already gone on; Sir David Baird proceeds tomorrow from Valencia; and I shall leave this with the reserve at the same time; Lord Paget will remain with the cavalry, to give us notice of the approach of the enemy. Hitherto their infantry have not come up, but they are near, and their cavalry is round us in great numbers; they are checked by our cavalry, which have obtained, by their spirit and enterprise, an ascendancy over that of the French, which nothing but great superiority of numbers on their part will get the better of."

"The diversion made by our march on Sahagun, though at great risk to ourselves, has been complete. It remains to be seen what advantage the Spaniards in the south will be able to take of it; but the march of the French on Badajoz was stopped when its advanced guard had reached Talavera de la Reina, and every thing disposeable is now turned in this direction.

"The only part of the army which has been hitherto engaged with the enemy is the cavalry, and it is impossible for me to say too much in their praise. I mentioned to your Lordship, in my letter of the 16th, the success Brigadier Gen. Stewart had met with in defeating a detachment of cavalry at Rueda.— Since that, few days have passed without his taking or killing different parties of the French, generally superior in force to those which attacked them. On the march to Sahagun, Lord Paget had information of 600 or 700 cavalry being

in that town. He marched on the night of the 20th from some villages where he was posted in front of the enemy at Majorga, with the Icth and 15th bussars. The 10th marched straight to the town, whilst Lord Paget, with the 15th, endeavoured to turn it. Unfortunately he fell in with a patrole, one of whom escaped and gave the alarm. By this means the French had time to form on the outside of the town, before Lord Paget got round. He immediately charged them, beat them, and took from 140 to 150 prisoners, amongst whom were two Lieutenant Colonels and 1I officers, with the loss on our part of six or eight men, and perhaps 20 wounded. "There have been taken by the.cavalry from 400 to 500 French, besides a considerable number killed;-this since we began our march from Salamanca. On his march from Sahagun, on the 20th, Lord Paget, with two squadrons of the Toth, attacked a detachment of cavalry at Majorga, killed 20, and took above 100 prisoners. Our cavalry is very superior in quality to any the French have; and the right spirit has been infused into them by the example and instruction of their two leaders, Lord Paget and Brig. Gen. Stewart."

"Astorga, Dec. 31. 1808. "I arrived here yesterday; Lieut Gen. Fraser, with his division, will be at Villa Franca this day, and will proceed on to Lugo. Lieut.-General Hope, with his division, stopped yesterday two leagues from this, and proceeds this morning, followed by Sir David Baird. The two flank brigades go by the road to Penferada. I shall follow, with the reserve and cavalry, to Villa Franca, either this night or to-morrow morning, according as I hear of the approach of the French. The morning I marched from Benevente, seven squadrons of Bonaparte's guards passed the river at a ford above the bridge. They were attacked by Brig. Gen. Stewart, at the head of the piquets of the 18th and 3d German light dragoons, and driven across the ford. Their colonel, a general of division, Lefebvre, was taken, together with about 70 officers and men. The affair was well contested. The number with which Brig. Gen. Stewart attacked were inferior to the French; it is the corps of the greatest character in their army; but the superiority of the Bri

tish was, I am told, very conspicuous. I enclose, for your Lordship's satisfac tion, Lord Paget's report of it." Benevente, Dec. 29. "SIR-I have the honour to inform you, that about nine o'clock this morning, I received a report that the enemy's cavalry was in the act of crossing the river at the ford near the bridge. I immediately sent down the piquets of the night under Lieut.-Col. Otway, of the 18th. Having left orders that the cavalry should repair to their alarm posts, I went forward to reconnoitre, and found four squadrons of the imperial guard forming and skirmishing with the piquets, and other cavalry in the act of passing, I sent for the 10th hussars, who having arrived, Brigadier-General Stewart immediately placed himself at the head of the piquets, and, with the utmost gallantry, attacked. The toth hussars supported in the most perfect order. The result of the affair, asfar as I have yet been able to collect, is about 80 killed, 25 wounded, 70 prison. ers, and about the same number of hor

ses.

"It is impossible for me to avoid speak. ing in the highest terms of all those engaged. Lieut. Col. Otway and Major Bagwell headed the respective night piquets. The latter is slightly wounded. The utmost zeal was conspicuous in the whole of my Staff; and I had many volunteers from head-quarters, and other officers of your army. Amongst the pri soners is the General of division Lefebvre, (who commands the cavalry of the imperial guard,) and two Captains. Our loss is, I fear, nearly 50 men killed and wounded. I will send a return the moment I can collect the reports.

"I have forwarded the prisoners to Baniza. On the other side of the river the enemy formed again, and at this instant three guns of Capt. Donovan's troop arrived, which did considerable execution." PAGET.

PORTUGAL.

We are concerned to find that the northern provinces of Portugal have been in an unsettled state, on account of some market regulations issued by the Bishop. The British troops who are stationed in that quarter, have been ex

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posed to some expression of the public dissatisfaction, in consequence of their supporting the Provisional Government. It required, we understand, all the authority and influence of the Bishop of Oporto and Sir Robert Wilson, who commands the English garrison, to restrain the populace from outrage.

The following proclamation was issued on the occasion.

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PROCLAMATION.

By the Intendant-General of Police.

'Portuguese-Where does your fa ry transport you? Do you suppose that the English are become French? No, my dear countrymen, the English are not come here in the character of conquerors, as the Frenchmen did; they come to free us from the slavery that oppressed us. If we deny this truth, we must be reproached as an ungrateful people. The English did not enter Portugal from any motives of ambition : their motives are more generous, wise, and politic: They know very well that views of aggrandisement always tend to destroy the equilibrium that forms the fundamental law of nations. What Great Britain aims at is only the restitution of all countries to their lawful Sovereigns.-Ah, incomparable George, how great will be thy glory in future times! Where is the Sovereign in Europe that does not at present owe his crown to thee? Thy name shall ever shine in the Portuguese annals-Excuse then, Oh mighty King, the indiscreet zeal of a people, who love their Sovereign, and whose feelings are partly analogous to thy views. Remain quiet then, O ye inhabitants of the most faithful and loyal city in Portugal; it is to you, ye inhabitants of Porto, that I speak, for those honourable epithets are indispu tably your right. Consider that the glorious cause which you have undertaken can only be obstructed and retarded by vain and tumultuous mobs. This is what the common enemy wishes for, and a civil war would only retard their total destruction. Let us then unite ourselves to our faithful allies, the Eng. lish and the Spaniards, in order to overthrow that hellish monster. The union of these three nations will scorn all Frenchmen's threats, their intrigues, and perfidy. We shall then have the glory of being instrumental in the speedy o

verthrow of the tyrant, in bringing about a general peace, and in restoring our august Prince to his lawful throne. This is the just cause that calls aloud for your vengeance, and in which you ought to display all your courage, your love, and your fidelity. Long live Portugal; long live Great Britain: long live Spain. "J. F. R. G."

Oporto, Oct. 31.

The accounts from this quarter since are very satisfactory. The whole country was not only in a state of subordination, but the effects of the energy lately displayed by the Government had begun to be felt all over the kingdom. The disaffected and suspected were every where taken into custody; and the people were making the most active exertions for their own defence, and for the common cause.

The Portugueze Government has is. sued a proclamation calling upon the whole nation, from 15 to 60, to rise en masse for the defence of their country, and to oppose an insurmountable barrier against the French. Another has been issued, requiring the whole people to arm themselves in every manner in their power, and especially with pikes of six or seven feet in length. The limited levies, formerly ordered, are, however, we believe, far from being completed.

Gen. Sir John Cradock arrived at Lisbon on the 12th Dec. in the Lavinia frigate, to take the command of the British army, which amounted to about 9000 men. We understand he was to march for Spain about the end of that month.

SWEDEN AND RUSSIA.

The gallant Swedes have at length been obliged to abandon Finland to the superior force of the invaders. The following is the last dispatch from General Klesker, commanding the northern Finnish army, to his Swedish Majesty, of date 24th November :

"Your Majesty's army, under my command, has since retreated to Pyhajocki and Yppiri, where the Russians formed an attack on the rear, and thus compelled the army to fall back to Parjocki, and took on the 17th a position near Sykajocki. Rivolax and Pausola were occupied by our troops; but in

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