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course

of a bonour to bè, &c.

413]
of the French army will be assembled be.
tween Torres Vedras and the capital, i..

ordered to the positiou in the course of last

night. Tbe ground over which passes the the

few days. I have the road from Lourimba commanded the left

(Signed) ARTHUR of this height, and it had not been occuWELLESLEY.

pied, excepting by a piquet, as the camp Head-quarters, Maceira, Aug 21, 1903. had been taken up only for one night; and MY LORD ;

-The
report which I have the

there was 10 water in the neighbourbonour to inclose to your lordship, made at bood of this height.--The cavalry and by request by lieut, gen. sir A. Wellesley, the reserve of artillery were in the valley bonveys information which cannot but prove beiween the hills on which the infantry. highly gratifying to his majesty.-On my stood: both fanking and supporting brig. landing, this morning, I found that the gen. I'ane's advanced guard. The enemy enemy's attack had already commenced, first appeared at eight o'clock in the mornand I was fortunate enough to reach the ing, in large bodies of cavalry on our left ield of action in time to witness and ap- upon the heights on the road to Lourinha ; prove of every disposition that had been, and it was soon obrious that the attack would and was afterwards made by sir A. Welles- be made upon our advanced guard, and the lev; his comprehensive mind furnishing a left of our position ; and maj. gen. Ferguteady resource in every emergency, and son's brigade was immediately moved across · tendering it quite unnecessary to direct any the ravice to the heights, on the road to illeration.-I am happy, on this occasion, Lourinha, with three pieces of cannon,; he lo bear testimony to the great spirit and was followed successively by brig. gen. good conduct displayed by all the troops Nightingale with his brigade and three pieces purposing this gallant army in this well

of cannon ; brig. gen. Ackland with his fontested action.--I send this dispatch by brigade, and brig gen. Bowes with his bri, apt. Campbell, aid-fle-camp to sir A. gade. These troops were formed (maj. gen. Wellesley, no person being better qualified Ferguson's brigade in the first lipe, brig. to give your lordships information.--I bave gen. Nightingale's in the second : and brig. the honour to be, &c. (Sigued) HAIRY gen. Bowe's and Ackland's, in columns in the BURRARD, Lieut. General. To the Rt. rear) on those heights, with their right upon Hon. Lord Castlereagh, &c.

the valley which leads into Vimiera; andVimiera, August 21, 1909.—Sir,--I have their leit upon the other ravine, which sepathe bonour to report to you, that ibe enemy rates these heights from the range which terattacked us in our position at Vimiera this minates at the landing-place at Maceira. morning.-The village of Vimiera 'stands On these last-mentioned heights, the Portuin a valley,' through which runs the river guese troops, which bad been in the bottom Maceira ; at the back, and to the westward near Vimiera, were posted in the first inand northward of this village is a mountain, stance, and they were supported by brig. the western point of which touches the sea, gen. Craufurd's brigade. -The troops of and the eastern is separated by a deep ravine The advanced guard on the heights to the from the heights, over which passes the southward and eastward of the town were fuad which leads from Lourinha, and the deemed suficient for its defence, and maj. morthward, to Vimiera. The greater part gen. Hill was moved to the centre of the of the infantry, the 1st, 2d, 3d, 4tlı, 5th mountain on which a great body of the inand 8th bragades, where posted on this fantry had been posted, as a support to mountain, with eight pieces of artillery, these troops, and as a reserve to the whole maj. gen. Hill's brigade being on the right, army. In addition to this support these maj. gen.*Ferguson's on the left, having one troops had that of the cavalry in the rear of battalion on the beights, separated from the their rigtit. -The enemy's attack began in mountain. On the eastern and southern several columns on the whole of the troops side of the town is a hill which is entirely on this height; on the left they advanced, commanded, particularly on its right, by the potwithstanding the fire of the rifle-men, moualain to the westward of the town, and close to the 50th, and were checked and commanding all the ground in the neigh- driven back only by the bayoneis of that bourhood to the southward and eastward, corps. The 2d battalion, 43d regiment, on which brig. gen. Fane was posted with was likewise closely engaged with thein in his riflemen and the 50th regiment, and the road which leads into Vimiera; and part brig. gen. Anstruther with his brigade, with of that corps having been ordered into the half a brigade of six-pounders and half a church-yard to prevent them from penetratbrigade of nine-pounders, which bad been ing into the town. On the right of the Position they were repulsed by the bayonets Junot) in person, in which the enemy was of the 97th regiment, which corps was suc. certainly superior in cavalry and artillery, cessfully suported by the 2d battalion 52d and in which not more than half of the regiment, which, by an advance in column, British army was acraally engaged, he has took the enemy in flank -Besides' this' op- sustained a signal defeat, and has lost 13 position given to the attack of the enemy pieces of cannon, su i 23 ainmunition waza on our advanced guard by their own exer- gons, with power, shells, stores of all de tions, they were attacked in flank by brig. scriptions, and twenty thoasand rounds of gen. Ackland's brigade in its advance to its musket ammun' ion. One general other position on the heights on the left, and a can. (Beniere) has been wounded and taken pri monade was kept up on the flank of the ene- soner, and a great many officers and su.diet my's columos, by the artillery on those have been killed, wounded, and taken-, heights.-- At lengili, af:er a inost desperate | The valour and discipline of his majesty contest, the enemy was driven back in con- troops have been conspicuous upon this fusion from this attack with the loss of seven casion, as you, who witnessed the great pieces of cannon, many prisoners, and a part of the action, must have observed, great number of officers and soldiers killed it is a justice to the following corps and wounded. He was pursued by the de. draw your notice to them in a part.com tachment of the 201h light dragoons, but the manner, viz.-theroyal artillery, commande enemy's cavalry were so much superior in by lieut. col. Robe; the 2014 dragon numbers, that this detachment has suff-red which had been commanded by lieut. much, and lieut. col. Taylor was unforti- Taylor ; the 50th regiment, commanded načely killed.--Nearly at the same time the Col. Walker; the 2d baitallion g5th to enemy's attack commenced upon the heights commanded by maj Travers; the 5th on the road to Lourinha. This attack was talion, 6th reginieat, commanded by me supported by a large body of cavalry, and Davy; the second battallion 43d, com was made with the usual inspetuosity of the manded by maj. Kull; the 2d battaliou 5) * French troops. It was received with steadi- coinmanded by lieut. col. Ross; the 97 ness by maj. gen. Ferguson's brigade, con- regiment, commanded by lieut. col. Lyo sisting of the 36th, 40th, and 71st regi. the 36th regiment, commanded by ments; and these corps charged, as soon as Burne; the 40th, commanded by col Ke the enemy approached them, who gave way, mis; the 71st, commanded by lieut. and they continued to advance upon bin, Pack ; and the 82d regiment, commanded supported by the 82d, one of the corps of maj. Eyre.--In mentioning col. Burde, brig. gen. Nightingale's brigade, which, as the 36th regiment to you upon this occasi the ground extended, afterwards formed a I cannot avoid to add, that the regular part of the first line ; by the 29th regiment, orderly conduct of this corps, througly and by brig. gen. Bowe's and Ackland's this service, and their gallantry and discipl brigades, while brig. gen. Craufurd's bri. in action have been conspicuous.- m gade, and the Portuguese troops, in two take this opportunity of acknowledging lines, advanced along the height on the left. obligations to the general and staff officers

- In the advance of maj. gen. Ferguson's the army. I was mach indebted to maj. brigade, six pieces of cannon were taken

Spencer's judgement and experience, in from the enemy, with many prisoners, and decision which I formed, with respect to vast numbers were killed and wounded. number of troops allotted to each point of The enemy afterwards made an attempt to fence; and for his advice and assisian recover a part of his artillery, by attacking throughout the action. In the position tak the 71st and 22d regiments, which were up by maj. gen. Ferguson's brigade, and in halted in a valley in which it had been taken. advance upon

the

enemy, that officer she These regiments retired from the low grounds ed equal bravery and judgment; and ma in the valley to the heights, were they halt- praise is due to brig. gen. Fane, and bi ed, faced about, fired, and advanced upon gen. Anstrother, for their gallant deica the enemy, who had, by thai time, arrived of their position in front of Vimiera, in the low grcund, and they thus obliged to brig. gen. Nightingale, for the mann him again to retire with great loss.--In this in which he supported the attack upos action, in which the whole of the French enemy, made by major-gen. Fergusoni." · force in Portugal was einployed under the

(To be continued.) command of the Duke D'Abrantes (General

Printed by Cox and Baylis, Great Queen Street; published by R. Bagshaw, Brydges Street, Covent

Garden, where former Numbers may te had : sold also by J. Budd, Crown and Mis, Pall Mall

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Vol. XIV. No. 12.] LONDON, SATURDAY, SEPTEMBER 17, 1909. [Price 10D.

go on

* We must allow a latitude to the free discussion of the merits und demerits of authors and their works ; “ otherwise we may talk, indeel, of the liberty of the picss, but inere wil be in reality an end of it."-Refort of Lors ELLEBOROUGH's Charge. 417)

[419 TO THE RIGHT HONOURABLE

we may have the matter fairly before us, I

will here shortly state the substance of your LORD ELLENBOROUGH,

doctrines, supposing what you said to have CHIEF JUSTICE OF THE COURT been correctly reported; for, as to myself, OF KING'S BENCH,

I, of course, who was not present at the

trial, can state nothing from my own know'. MY LORD;

ledge. I take this report as I find it; I lay Either that likerly, of it before my readers as being a report given, which we have boasted, and do boast, so in print, by another person ; I take it up, I pruch, is a mere sonnd, invented by poli- treat it as a book; and, if it be what it proocia's for purposes resembling those for fesses to be, it contains the words uttered by wl.ch priests invented relicks and penances,

you upon the occasion referred to. mod for which methodist preachers pretend The first of these words I have taken for so inspiration ; either the whole thing is, in my motto. The next time you speak, you short, a specious and delusive fraud, or the say, that we must really not cramp observaresult of the Action, recently tried before tions upon authors and their works; that they your lordship, in the case of Carr against should be liable to exposure, to criticism, and Hood and Sharpe, is not only of greater even to ridicule, if their works be ridiculous ; importance to the nation than the recent that, otherwise, the first who writes a book

actories over the French, in Portugal, but upon any subject, vill maintain a monopoly of greater importance than would be a series of sentiment upon it; that thus vice and ei victories, by which Buonaparte should error will be perpetuated, and so we should be overthrown. For, what do we promise

to the end of time; and that you oorselves, as the fruit of such victories? cannot conceive that an action is maintain Why, the secure enjoyment of our lives able ou such ground. Upon Mr. Garrow's and property; security from that oppres- observing, that, though an author's book siun, which we shonid, in all probability, might be ridiculed, the critics had no right Experience at his hands. This, after all, to endeavour to destroy him altogether as an is the sole end of all our sacrifices and of author, your lordship said, that you did not the dangers and suitering of our country- know that; that, (speaking in the interrogamen who are in arms. There is no other rive forni) suppose a man publihsed a book tational purpose that we can have in view. injurious to public morals, of infinite mis

This being the case, I am pretty confident, chief to the public tapte, containing bad that the public, when they duly reflect upon maxims of government, or anything else the matter, will be convinced, that, on the that ought to be decried, are we pot at li25th of July last, a greater victory was gain, berty to expose that work? Aye, and exled for England under your lordship, tban pose the author of it too, as far as he is con. has been gained, by land or sea, for many nected with he work, and that in the most

pointed language of wit, humour, or ridiThe doctrines, laid down by your lord- cule; that, a critic, in such case conferred Bataip; upon this memorable occasion, seem, a benefit on the public; that the destruca händecd, to bave been restricted as to their ap- tion of the author's reputation was fothing; plication. They seem to have been, rather that it was a reputation which ought to be decarefully, confined to " authors and their stroyed; that it was idle to talk of the liberty {"works ;” but, in pursuance of the pur- of the press, if one man might not write

pose for which alone I now address you, I freely opon the work of another ; that, it' shall, I think, succeed in convincing your there had been an attack upon the moral fordship, that this restriction cannot subsist, character of the author, or any attack on coasistently with reason and justice. I have, his character unconnected with bis work, below, given an abridgment of the Report the law would have afforded bim protec. rif the Trial, in which I have retained all tion. Upon Mr. Garrow's saying, that the that was said by your fordship; but, that detendairts had not destroyed Cari's repet?

years pase.

that you

tion fairly, your lordship said that he must and the justice of these reservalions and te show that it was not fairly done ; and, upon striclions that I now propose to inquire his replying, that the caricature was First, as to the qualification of the trord proof of unfairness, your lordship bade him “ criticism." Your lordslip would have it 10 go on with his case.- -In your charge, be fair, and, in one place, it would seem, after having repeated your sentiinent res- that you insist upon its being candid as well pecting the public utility of writing down as fair. I always thought, that the words bad books, you said, that this, bowever, were synonymous ; but, whatever be tbeir was applicable to fair and candid criticism; meaning, they express that quality which that, as to the loss sustained by an author you hoid to be necessary, in order to justify from such a cause, it was what you, in the the criticism, though the author be embolaw, called damnum absque injuriâ, a loss died in his work. But, my lord, be this ' which the law'does not consider as an injury, quality what it may, who is to tell us whe because it is a loss which he ought to sustain, ther it exist or not? Evidence can be giver a loss of fame and profits to which he was as to truth or falsehood; as to the obedi never entitled; that, if it were otherwise, ence or disobedience of any law; as to the you did not know where we were to stop ; performance or breach of any well knowi

knew of nothing that more threat- mcral duly; 18 to any thing, in short, tha ened the liberty of the press, in the days is clearly defined and settled. About whe in which we live, than to give encourage- is fair who can say that any thing has bee ment to this species of action ; that, how- settled? Where is the standard whereb := ever, you wished not to be misunderstood, we are to judge of fairness? It is evider for that, if there had been any thing in the that there can be no such standard, and the criticism, of a libellous tendency, wholly the point must always turn upon mere op foreign to the work, or unconnected with nion. What would this question of fairne the author of it, as embodied in it, the ac- come under, then, the law or the fact tion was maintainable ; that neither yourself the case ? Who would settle the point, u

nor the jury liad ever appeared before the judge or the jury? « One of the jury • world in the character of an author, or at upon this trial, appeared to bave a great d

least you never had; that, if you had, you sire to shew himself learned in the lav should not think yourself entitled to main- but, it will hardly be contended, that juri tain all action against any body else, who or that courts of justice, can be, or ong ridiculed your work, and proved it to be to be, inade into supervisors of the taste ridiculous; that, in fine, if the jury the press. A tyravnical judge in Amer thonglit, that the criticism was upon the added the quality docent," as essential work, and upon the author as connected i publications to be tolerated. Who was with the work, and not written by way of be the judge of the decency? There calumny upon him as an individual, you inaxim, which says, miserable

are the were of opinion that the action was not “ who are subjected to laws of ÜNC+08 maintainable ; that if, on the contrary, they operution.” Indeed, where the ope should be of opioion, that the criticism was tion is not uniform, and where the prin written against tlie author, as a min, and ple is not clearly laid down and well know unconnected with his work, then you it is an abuse of words to call theibing in thought the action was mjiniainable. which always implies something whereby Alter the verdict was given, your lordship man's dirties or rig!its are defined. (a thing not very common, I believe) thought this reservation, however, I think we te it necessaryo caution the audience against not be very uneasy, as the result of a misunderstanding of what lind passed, trial, together with the opinions of “ I hope nobody will understand, from the lordship, decidedly in favour of that resti

reriis if ibis trial, that there is the least enables us to proceed to the length of imp

Corytenance given to slander, or to ridi- ting to a man (n10, not a man, an anche ç cule any author, any more than any other all corts of fully; to exhibit him as a fo " pudritual, unless such ridicule be con- a lunatic and a vagabond in point of props nected with lis works, and the author is ty; and, lest our pages of letter-pri "embodied with his work; for courts of should fail, to call in the disturting aid “ justice are as tender of the moral charac- the pencil to effect our purpose. This po " ters of all men, whether they be authors been deemed fair criticism ; and, therefn.

or not, as ibicy are firm in the mainte. it will, I imagine, be very difficult for os “ nace of the right of every individnal, to niake use of any, that can, without depar

gif" a free opinion, on every publication ing from the principles, upon which't of a literary work.

case was decided, be deemed unfair. It is, my lord, into the reasonableness But, the person ridiculed must, it won

seem from this report of your lordship's / particular description of authors be exposed language, be not only an author of a writ- to ridicule more than any other description ? ten and published work, but, he must also Why is it so very necessary to expose their embody himself in the work. What is fully and destroy their reputation ? Of what meant by this embodying work I do not very particular harm is their success? In what clearly perceive. In other plac-s it is said, way is it entitled to any extraordinary quantity that he is to be ridiculed no Carther ihan he of legal reprobation? Why should these appears in cornection with big work; and fools be outlawed any more than the rest? that, unconnected with his work, he is Your lordship may see a very sufficient reato be treated with all the tenderness son for the dis inction ; but, I confess that which the law takes care to provide for I can see no reason at all for it. Every man, the individual. But, my lord, who is to who writes ard publishes, challenges the settle these nice points of connecuon and in- criticisms of the world. The very act of . corporation. How am I to know what is writing the book embodies him with it. It meani by this connecting and embodying? is is his act. It belongs to him. It is the Suppose I were to take up a book written picture of his mind. It is a part of himself. for the purpose of persuading me, that I ain The critic has a right to take the man and very wrong indeed in objecting to the minis- ibe book together, and to criticise them, and, try of the day ; suppose this work has for it' he pleases, ridicule, or endeavour to ridiits author some man who lives upon the rule them boil. If he has not this right, taxes and whose wife lives upon them ton; he has no right at all; he is never safe; and suppose ihe whole family to be chin-deep in he had better lay aside his peh. If he himsinecures and reversions; must I not spek self be foolish in lijs crisicism ; if he le of these ; must I not expose the author's unfair, or maligrant, why, the world, who motives for his work ; nuist I not, if my will soon perceive it, will not fail to puvish - pen fail me, call in the aid of the pencil to him in the only suitable manner, without exhibit this author in the act of picking John any of the aid of judges and juries, | Bull's pocket wiih one hand, while hi holds There was a still further qualification, too;

up, in the shape of a pair of winkers,' mis not only must the man have published his book in the other hand, must I not bang a acts, or his work ; but, he must have emlabel, marked plunder, out of his pocket; bodied himself with the work, and the and most I not put bis wife and children in. work must be ridiculous. All this must be the characier of sturdy pampers, jeering seen to exist before the riuicule could be those from whom they receive their daily justified. But, here again we have our old bread? Assaredly I ought to do all this ; difficulty; who is to determine, whether the and yet this author migbe so write bis book work ve ridiculous or not? The jury are to ma not to embody himself with it, in any judge of the alledged offence under ihe dishape whatever ; and I might be told, per- rection of the judge ; bat, it will not le baps, that his places and pensions had no- pretended that this is a tribunal, wherein to thing at all to do with the merits or demerits try the merits or demerits of a literary work. of the ministry; that I had gone into a sub- What, then, becomes of this qualification ? ject foreign to ihe book; and that, there- The critic will say, that the work is ridicufore, I onght to be punished as a libeller ; Jous; the author will say that it is not ; whereas it would appear to me quite neces- even the public may be divided upon the sary to go into these matters in order to shew point; and who in all the world is to settle the motive of the author, and that for the il? Your lordship says, and very truly, that purpose of preventing his book from doing it is of great public utility to expose ridici:public mischief. - It is not at all necessary lous works, and to destroy the repuration of for an author to connect himself with his their authors; but, if I should be elige ud book. He need not write in the form of in an act of great public utility of thi's yott, such connection. He may, like the news- how should I fare if your lordship and the paper people and the reviewers, write in the jury should happen to think that be viezstyle royal, and call himself we ; or, he lous, which I took for ridiculosis) ww 2177 may unite in the impersonal altogether. I to know that you will be of any onion? Tbere are very few instances, in which an And must I not, then, be continually in a author can be said to embody himself in his stale of uncertainty, and must no: press, work.

It can, indeed, only be when Thus shackled, be infinitely worse than no he relates bis own adventures, or gives an press at all? The foul or rogue ruin bu risk, account of transactions, in which he has either in his writings or publishings; while personally borne a. part. And why, my

his critic is never safe for a momierit. lord; why, I beg leave to ask, should this John Carr saw this, and, therefore, ho

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