a desperate exertion to save herself from the great bodies of troops which poured in upon her. A terrible contest ensued, in which at one time the enemy had even advanced upon her poop, and were struggling for her colours. Captain Harvey succeeded in repulsing both sets of boarders, and following his blow, on board the Intrepid of 74 guns, got possession of her after a most severe conflict.

The third ship in this division, the Neptune, of 98, Capt. Freemantle, took up the Bucentaure, which had been forced out of Lord Nelson's grasp, and engaged her for some time, supported most gallantly by the Conqueror, the ship astern of her; but observing the Santissima Trinidada, of 140 guns, separated from the group of ships which were locked together, and presenting her stern, and apparently unable for want of seaman ship to bring her head round, placed himself within pistol-shot, and after a close action of above 40 minutes, succeeded in carrying away the mizen and main-masts. By this accident she payed off, but the Neptune preserved her advantage, and in ten minutes more her foremast went. Shortly after which an English Jack was thrown over her starboard quarter; and several of her Officers hailing the Neptune at the same time, announced to her that this magnificent ship, the lar. gest in the world, had struck to her!

The Conqueror, during this period, observing that the enemy's van had wore, bore down upon them to check the progress of six sail that were passing to windward: and she, together with the Leviathan and Orion, maintained a very heavy action with the San Juste, San Augustin, and the San Francis d'Asis, all of which struck.

At a quarter past four the Victory and Royal Sovereign, which had disengaged themselves, and taken a most distinguished part against the reserve of the enemy, commanded by Gravina, made the signal to haul to the wind on the larboard tack, when the firing ceased, leaving us in possession of 18 sail of the line, exclusive of the Achille, which was on fire, and soon blew up.

The brave Capt. James Nichol Morris, of the Colossus, was badly wounded in the bend of the knee, but did not leave the deck till the action was over;

he then fainted through loss of blood in going down to his cot. His ship did wonders, she had the greatest number killed and wounded in the fleet; a 32pound shot went through the cockpit, knocked down the table, and hurt the surgeon's-mate in the breast.

Capt. Durham, of the Defiance, was only confined to his cabin four days; though he had a bad wound in his leg, and another in his side. The Defiance considered the Prince of Asturias (Gravina's ship) her opponent; she battered her three quarters of an hour, and obliged her to sheer off. The rigging of the Defiance was so much cut to pieces that she was unmanageable, but luckily she got along-side of L'Aigle, and soon obliged her to strike; an officer and 50 men took possession of her, but she was lost in the gale. Her 1st and 2d Captains were killed.

Most of our officers were picked off in the glorious battle of Trafalgar, by marksmen who were all quartered in the tops of the French ships of war; most of whom were native Tyrolese goatshooters, enlisted, or rather trepanned into the French armies, in the late war, when the French passed the Tyrol.

The loss of the English in this action has been already officially published. That of the enemy can only be guessed at from circumstances.-The 20 ships which struck, had about 18000 men on board, of these 3000 were killed, and near 4000 wounded, and more than 1500 were lost in the wrecks.-The Spanish prisoners sent to Cadiz were about 5000, and the French prisoners sent to England near 4000.-The combined fleet exceeded in strength that of the British by six ships, 474 guns, and 8124 men.

The following is an official statement of the Spanish prisoners taken in the battle of Trafalgar, who have been sent to Spain from Gibraltar, previous to the 21st of December:

1 Rear Admiral, 1 Chief of Brigade, 6 Captains of line of battle ships, 2 Captains of frigates, 200 other naval and military officers-Total officers, 210.

4589 seamen and soldiers.

Nearly five hundred pounds have been subscribed by the garrison of Gibraltar, for the purpose of erecting on the rock a naval pillar, as a tribute of affection and respect to the memory of the late Lord Nelson.

The

The following relation of the last moments of the Heroic Nelson, is given by M. Beatty, surgeon, and Mr Bourke, púrser of the Victory:

"About the middle of the action Lord Nelson was upon the quarterdeck, where he resolved to take his station. A few minutes before he was wounded, Mr Bourke was near him; he looked stedfastly at him, and said, "Bourke. I expect every man to be upon his station." Mr Bourke took the hint, and went to his proper situation in the cock-pit.

"At this time his Lordship's Secreta→ ry, Mr Scott, who was communicating some orders to an officer at a distant part of the quarter deck, was cut almost in two by a cannon-shot. He expired on the instant, and was thrown overboard. Lord Nelson said, as if doubtful, to a Midshipman that was near him, "Was that Scott?" The Midshipman replied, he believed it was. He exclaimed "Poor fellow!"

"He was now walking the quarter. deck, and about three yards from the stern, the space he generally walked before he turned back. His Lordship was in the act of turning on the quarter-deck, with his face towards the enemy, when he was mortally wounded in the left breast by a musket ball, from the mizen mast of the Redoubtable. He instantly fell. Two sailors, who were near, raised him in their arms, and carried him to the cock-pit. He was immediately laid upon a bed, and the following is the substance of the conversation which really took place in the cockpit between his Lordship, Captain Hardy, Mr Bourke, and Mr Beatty.

66

Upon seeing him brought down, Mr Bourke immediately ran to him."I fear," he said, " your Lordship is wounded." "Mortally, mortally." "I hope not, my dear Lord; let Mr Beatty examine your wound." "It is of no use," exclaimed the dying Nelson; "he had better attend to others."

"His Lordship was raised up; and Mr Beatty, whose attention was anxiously fixed upon the eyes of his patient, as an indication the most certain when a wound is mortal, after a few moments, glanced his eye on Bourke, and expressed his opinion in his countenance.Lord Nelson now turned to Bourke, and said, "Tell Hardy to come to me.'

Bourke left the cock-pit. Beatty now said, “ Suffer me, my Lord, to probe the wound with my finger-I will give you no pain." Lord Nelson permitted him, and passing his left hand round his waist, he probed it with the fore finger of his right.

"When Bourke returned into the cock-pit with Captain Hardy, Lord Nelson told the latter to come near him-" Kiss me, Hardy!" he exclaimed.-Captain Hardy kissed his cheek. "I hope your Lordship (said he) will still live to enjoy your triumph.""Never, Hardy (he exclaimed,) I am dying; I am a dead man all over; Beatty will tell you so-Bring the fleet to an anchor; you have all done your duty-God bless you."-Captain Hardy now said, "I suppose Collingwood, my dear Lord, is to command the fleet?"-Never (he exclaimed) while I live;”—meaning, doubtless, that so long as his gallant spirit survived, he would never desert his duty.

"What passed after this was merely casual. His Lordship's last words were to Mr Beattie, whilst he was expiring in his arms-" I could have wished to have lived to enjoy this; but God's will be done."-" My Lord, (exclaimed Hardy,) you die in the midst of triumph.”—“ Do I, Hardy ?"—He smiled faintly-" God be praised!"

Upon Capt. Hardy's mentioning that 19 had struck, his countenance brightened a little, but it was only for a moment. He convulsively grasped Capt. Hardy's hand, and upon attempting to pronounce the word Victory, the blood rushed suddenly from the lungs into the throat, and he expired calmly, and without a groan. Thus died one of the

greatest heroes that England ever pro

duced.

On removing the ball after his Lordship' death, a portion of the gold lace and pad of the epaulet, with a small piece of the coat, were found firmly attached to it.

The account of Lord Nelson's death was even received at Cadiz by the Spaniards, particularly the officers, with sorrow and regret they said, "That tho' he had been the ruin of their navy, they could not but lament his fate, as being the most generous enemy, and the greatest Commander of the age!"-An eulogium highly honourable to the Spanish character,

SCOT

152

COURT OF SESSION.

Ogilvie against Moss.

THIS was a curious and important mercantile question. Among the papers of William Marshall, late assistant cashier to the Dundee Banking Company, there was found a bill for L.45, signed by . Moss. The name of the drawer was not. ffixed to the bill, but it was blank indorse by Marshall, who afterwards left Scotland, and the action was brought by Mr Ogilvie, the trus tee for Marshall's creditors, to receive pay ment. The Magistrates of Dundee decerned for payment of the bill, and also of some additional advance, which appeared in a jotting on the bill. Moss presented a bill of advocation to the Court of Session. The Lord Ordinary assoilzied the defender, as he was of opinion the bill was defective of an essential requisite, the drawer's or creditor's name. But the Court of Session were of opinion, that when a person accepted a bill, tho' it is blank in the name of the drawer, he becomes bound to pay the person who has a right to the debt; and it is of no consequence whether it has the drawer's name, if it can be clearly shewn in whom the right of payment exists. The Court therefore altered the interlocutor of the Lord Ordinary, and repelled the defence, that the bill is not probative, and found the defender liable in expences.

CIVIL APPOINTMENTS.

The following appointments have been published in the London Gazette of their respective dates.

Carlton-house, Nov. 15. The Prince of Wales has appointed John Clerk, Esq. his Royal Highness's Solicitor General for Scotland, (vice Lord Robertson.)

Windsor, Nov. 23. The King was pleased to invest General the Right Hon. Lord Cathcart with the Ensigns of the Most Ancient and Most Noble Order of the Thistle, his Lordship having previously received the honour of Knighthood.

Whitehall, Nov. 30. His Majesty has granted the dignity of a Baronet of the United Kingdom, to Major General George Prevost, Governor of Dominica, and to Major Gen. Sir Cha. Green, Gov. of Surinam.

Whitehall, Jan. 27. The King has been pleased to constitute and appoint Sir Rupert George, Knt. Ambrose Serle, Thomas Hamilton, James Bowen, John Douglas, Esqrs. and John Harness, Doctor of Physic, to be his Majesty's Commissioners for conducting the Transport Service, for the care of Sick and Wounded Seamen, and for the care and custody of Prisoners of War.

Whitehall Jan. 29. The King has been pleased to confer the honour of the most Hon. Order of the Bath on Rear Admiral William Earl of Northesk, and Rear Admiral Sir ichad John Strachan, Bart.

o grant the dignity of a Baronet of the United Kingdom to Thomas Masterardy, Esq. Captain in the Royal Navy; and to Gonville Bromhead, Esq. Brig Gen. of his Majesty's Forces.

February 1. Mob. At the Court at the Queen's Palace, present the King's Most Excellent Majesty in Council, his Highness the Duke of Gloucester was, by his Alajesty's command, introduced into the Privy Council of the United Kingdom by Earl Camden, Lord President, and his Highness took his place at the Board on his Majesty's left hand.

Feb. 5. 1806.-At the Court at the Queer's palace, this day, his Majesty was pleased to deliver the custody of the Privy Seal to Henry Viscount Sidmouth, who took the oaths and his place at the Board accordingly.

Same day, Francis Harl of Moira, Richard Chandos Earl Temple, Henry Petty, Esq. (commonly called Lord Henry Petty,) Charles Grey, Esq. and the Hon. Charles James Fox, were, by his Majesty's command, sworn of his Majesty's most Hon. Privy Council.

Same day, his Majesty was pleased to appoint John Earl Spencer, and the Rt. Hon. William Windham, two of his Majesty's Principal Secretaries of State, and they were sworn in accordingly.

-To appoint William Lord Auckland, President, and Richard Earl Temple, Vice President, of the committee of council for Trade and Foreign plantations.

Whitehall, Feb. 7. The King has been pleased to grant the dignity of a Baron of the United Kingdom of Great Britain and Ireland, to the Right Hon. Thomas Erskine, and the heirs male of his body lawfully begotten, by the name, stile, and title of Baron Erskine, of Restormel castle, in the county of Cornwall.

Feb. 7. His Majesty in council was pleased to deliver the Great Seal to Thomas Lord Erskine, who thereupon took the oaths, and his place at the Board accordingly.

-To appoint the Rt. Hon. Charles James Fox, one of his Majesty's Principal Secretaries of State, and he was sworn in accordingly.

Same day, George Viscount Morpeth, Lord John Townshend, Thomas Lord Erskine, and Richard Brinsley Sheridan, Esq.

Esq. were, by his Majesty's command, sworn of his Majesty's most Hon. Privy Council.

Feb. 8. The King has been pleased to grant to Gen. Francis Earl of Moira, the office of Master-General of his Majesty's Ordnance of the United Kingdom.

-To appoint the Right Hon General Richard Fitzpatrick to be his Majesty's Secretary at War.

Feb. 1.-To constitute and appoint the Rt. Hon. Wm Wyndham Baron Grenville; the Right Hon. Henry Petty, (commonly called Lord Henry Petty; John Charles Spencer, Esq. (commonly called Viscount Althorp,), the Right Hon. William Wickham, and John Courtnay, sq. to be Commissioners for executing the office of Freasurer of his Majesty's Exchequer.

-To grant to the Right Hon. Henry Petty, (commonly called Lord Henry Petty,) the office of Chancellor and Under Treasurer of his Majesty's Exchequer.

-To appoint the Right Hon. Charles Grey, Sir Philip Stephens, Bart. John Markham, Esq. Rear-Admiral of the White, Sir Charles Morice Pole, Bart. Admiral of the Blue, Sir Harry Neale, Bart. William Russel, Esq. (commonly called Lord William Russel,) and the Right Hon. William Lord Kensington, to be his Majesty's Commissioners for executing the office of High Admiral of the United Kingdom of Great Britain and Ireland, and the dominions, islands, and territories thereunto belonging.

-To appoint the Right Hon. Gilbert Baron Minto, George John Earl Spencer, the Right Hon. William Windham, Chas. James Fox, William Wyndham Baron Grenville, Lord Henry Petty, the Right Hon. George Howard, (commonly called Viscount Morpeth,) the Right Hon. John Hiley Addington, and the Right Hon John Sullivan, to be his Majesty's Commissioners for the Management of the Affairs of India.

-To appoint the Right Hon. Henry Barl of Carnarvon to be Master of the Horse to his Majesty.

Feb. 12. His Grace John Duke of Bedford, Henry Earl of Carnarvon, John Joshua Earl of Carysfort, Charles Augustus Lord Ossulston, St Andrew Lord St John of Bletsoe, and William Elliot Esq. were sworn of his Majesty's most Honourable Privy Council.

His Majesty, in Council, was this day pleased to declare his Grace John Duke of Bedford Lieutenant-General and General Governor of Ireland.

-To deliver the custody of the Seals of the Duchy and County-Palatine of Lancaster to the Right Hon. Edward Earl of Derby.

Feb. 1806.

Feb. 15.-To grant the dignities of Baron and Viscount of the united kingdom to Thomas Anson. Esq. and his heirs male, by the titles of Baron Soberton, and Viscount Anson of Shugborough, in the county of Stafford.

- The dignity of a Baron of the united kingdom, to John Dennis Marquis of Sligo, and his heirs male, by the title of Baron Monteagle of Westport in the county of Mayo.

-To Hugh Earl of Eglinton, and his heirs male, by the stile and title of Baron Ardrossan of Ardrossan, in the county of Ayr.

-To James Earl of Lauderdale, and his heirs male, by the stile and title of Baron Lauderdale of Thirlestone, in the county of Berwick

o George Earl of Granard, and his heirs male, by the title of Baron Granard, of Castle Donnington, in the county of

Leicester.

-To John Crewe, Esq. and his heirs male, by the stile and title of aron Crewe, of Crewe in the County of Chester.

-To William Lygon, Esq. and his heirs male, by the title of Bron Beauchamp of Powdyke, in the county of Worcester.

To appoint Francis Earl of Moira to be Constable of the Tower of London, and Lieutenant and Custos Rotulorum of the Tower Hamlets, in the room of the Marquis Cornwallis, deceased.

-To grant to the Right Hon. Richard Brinsley Sheridan the office of Treasurer of his Majesty's Navy.

-To appoint Robert Earl of Buckinghamshire, and John Joshua Earl of Carysfort, to the office of Postmaster-General.

-To appoint Richard Chandos Earl Temple, and Lord John Townshend, to the office of Paymaster General of his Majesty's Forces.

-To appoint Lord Charles Spencer, to the office of Master and Worker of the Mint.

-To grant to Alexander Davison, Esq. the office of Treasurer of the Ordnance of the united kingdom.

-To John Calcraft, Esq. the office of Clerk of the Ordnance of the united kingdom.

Feb. 18.-To John Macmahon Esq. the office of Storekeeper of the Ordnance.

-To Lord Robert Spencer, the office of Surveyor General of his Majesty's woods, forests, &c.

Dublin Castle, Feb. 6. —His Majesty has granted the dignity of Earl of the kingdom of Ireland, to the following noblemen and their heirs male, viz.

To Arthur Viscount Gosford, now Earl Gosford. Laurence Parsons Hagman, Viscount

count Oxmantown, now Earl of Ross. Chas. Viscount Somerton, Archbishop of Dublin, now Earl of Normantown And Charles Viscount Charleville, now Earl of Charleville;

And the dignity of a Baron of Ireland to Peter Isaac 1 hellusson Esq. by the stile and title of Baron Rendlesham of Rendlesham.

Jan. 28. The King has been pleased to grant to the Right Honourable Robert Banks Lord Hawkesbury, the office of Constable of his Majesty's Castle of Dover; and also the office of Warden and Keeper of his Majesty's Cinque Ports, and the of fice of Admiralty within the said Cinque Ports and their members, and likewise all wrecks of the sea whatsoever.

Carlton House, Feb. 7.

The Prince of Wales has been pleased to appoint William Adam, Esq. to be Chancel lor and Keeper of his Royal Highness's Great Seal, in the room of the Right Hop. Lord Erskine, now Lord High Chancellor of Great Britain. And William Garrow, Esq. to be Attorney-General to his Royal Highness.

Downing Street, Feb. 4. The King has been pleased to appoint Sir Henry Russel Knt. to be Chief Justice of the Supreme Court of Judicature at Fort William in Bengal. And Sir Wm. Burroughs, Bart, one of the Puisne Judges of the same Court.

Lord Henry Petty is elected M. P. for the University of Cambridge, in room of the Rt. Hon. William Pitt, deceast.

MARRIAGES.

Nov. 25. At Kimbolton Castle, by special licence, Charles Palmer, Esq. of Luckley Park, Berkshire, to the Right Hon. Lady Madelina Sinclair, eldest daughter of the Duke of Gordon, and widow of Sir Robert Sinclair of Murkle, Bart. The Duke and Duchess of Manchester, Duke and Duchess of Bedford, Marquis of Tavistock, and Lady Charlotte Lennox, were present.

Dec. 20. At Inverness, William Falconer, Esq. late of Jamaica, to Miss Christian Macintosh, eldest daughter of John Macintosh, Esq. late Provost of Inverness.

Agnes Congalton, eldest surviving daugh. ter of Dr Charles Congalton.

Dec. 17. At Prestonkirk, MrArch. Dunlop merchant, Leith, to Miss Mary Macqueen, daughter of the Rev. Mr Daniel Macqueen, Prestonkirk.

31. George Paterson of Cunoquhy, Esq. to Miss Moncrief Lindesay, daughter of the late William Lindesay of Feddinch, Esq.

Lately, W. Sharman, Esq. of Moira Castle, to Miss Crawford, only daughter of John Crawford, Esq. of Crawfordsburn.

Jan. 1. At Sunbury Church, Middlesex, Thomas Allan, Esq. banker in Edinburgh, to Miss Christian Smith, second daughter of George Smith, Esq. of Coniston.

1. The Rev. Mr Ireland, to Miss Margaret Spalding, daughter of the late Mr Chas. Spalding, confectioner in Edinburgh.

I. The Rev. William Burns, minister at Dun, to Miss Elizabeth Chalmers, daughter of Mr James Chalmers, printer in Aber

deen.

3. At Millhead, Norman Lockhart, Esq. son of the late Charles Lockhart, Esq. of Muiravonside, to Miss Phillis Barbara Macmurdo, daughter of the late John Macmurdo, Esq

- At Glasgow, John M'Ilwham, Esq. of Hyde Park, to Miss Adeliza Struthers, daughter of the late John Struthers, Esq. brewer in Glasgow.

8. At London, Brigadier-General Clephane, M. P. for Kinross-shire, to Miss Lætitia Bold, daughter of Jonas Bold, Esq.

9. At Edinburgh, Lieut.-Cal. Alexander Beatson of Knowle, to Miss Davidson Reid, daughter of David Reid, Esq. Commissioner of the Customs.

-. At New Mills, near Dalkeith, Capt. Stiven, of the Edinburgh militia, to Miss Brodie, daughter of Mr James Brodie.

24. At Borthwickshiels, Charles Erskine, Esq. writer in Melrose, to Miss Pott, only daughter of the late George Pott, Esq. of Todrig.

24. At Edinburgh, William Gracie, Esq. writer to the signet, to Miss Elizabeth Emily James, eldest daughter of Thomas James, Esq. of Hensingham Hall, Cumberland.

24. At Westfield, William Forbes, Esq. of Callender, to Miss Agnes Chalmers, daughter of John Chalmers, Esq. of Westfield, near Aberdeen.

27. At the Cottage on the Hill, near Brechin, David Allardice, Esq. younger of Pittendrich, to Miss Straton, daughter of the Rev. Mr Straton, of the Episcopal Chapel, Brechin.

Feb. 7. At Edinburgh, Sir Thomas Gibson Carmichael of Skirling, Bart. to Miss Janet Dundas, second daughter of the late Major-General Thos. Dundas of Carronhall.

BIRTHS,