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Head-quarters, Maceira, Aug. 21, 1908. MY LORD;-The report which I have the jonour to inclose to your lordship, made at by request by lieut. gen. sir A. Wellesley, Conveys information which cannot but prove highly gratifying to his majesty.-On my anding, this morning, I found that the enemy's attack had already commenced, and I was fortunate enough to reach the eld of action in time to witness and approve of every disposition that had been, nd was afterwards made by sir A. Wellesley; his comprehensive mind furnishing at teady resource in every emergency, and tendering it quite unnecessary to direct any teration.—I am happy, on this occasion, to bear testimony to the great spirit and good conduct displayed by all the troops cumposing this gallant army in this well Contested action-I send this dispatch by apt. Campbell, aid-de-camp to sir A. Wellesley, no person being better qualified to give your lordships information.-I have the honour to be, &c. (Signed) HARRY BURRARD, Lieut. General. To the Rt. Hon. Lord Castlereagh, &c.

Vimiera, August 21, 1808.-Sir,-I have the honour to report to you, that the enemy attacked us in our position at Vimiera this morning. The village of Vimiera stands

a valley,' through which runs the river Maceira; at the back, and to the westward and northward of this village is a mountain, the western point of which touches the sea, and the eastern is separated by a deep ravine from the heights, over which passes the read which leads from Lourinha, and the northward, to Vimiera. The greater part of the infantry, the 1st, 2d, 3d, 4th, 5th and 8th bragades, where posted on this mountain, with eight pieces of artillery, maj. gen. Hill's brigade being on the right, maj. gen. Ferguson's on the left, having one battalion on the heights, separated from the mountain. On the eastern and southern side of the town is a hill which is entirely commanded, particularly on its right, by the mountain to the westward of the town, and Commanding all the ground in the neighbourhood to the southward and eastward, on which brig. gen. Fane was posted with his riflemen and the 50th regiment, and brig. gen. Anstruther with his brigade, with half a brigade of six-pounders and half a brigade of nine-pounders, which bad been

ordered to the position in the course of last night. The ground over which passes the road from Lourinha commanded the left of this height, and it had not been occupied, excepting by a piquet, as the camp had been taken up only for one night; and there was no water in the neighbourhood of this height.-The cavalry and the reserve of artillery were in the valley between the hills on which the infantry, stood: both flanking and supporting brig. gen. Fane's advanced guard.-The enemy first appeared at eight o'clock in the morning, in large bodies of cavalry on our left upon the heights on the read to Lourinha; and it was soon obvious that the attack would be made upon our advanced guard, and the left of our position; and maj. gen. Ferguson's brigade was immediately moved across the ravine to the heights, on the road to Lourinha, with three pieces of cannon,; he was followed successively by brig. gen. Nightingale with his brigade and three piecesof cannon; brig. gen. Ackland with his brigade, and brig gen. Bowes with his bri gade. These troops were formed (maj. gen. Ferguson's brigade in the first line; brig. gen. Nightingale's in the second and brig. gen. Bowe's and Ackland's, in columns in the rear) on those heights, with their right upon the valley which leads into Vimiera; andtheir left upon the other ravine, which separates these heights from the range which terminates at the landing-place at Maceira. On these last-mentioned heights, the Portuguese troops, which had been in the bottom near Vimiera, were posted in the first instance, and they were supported by brig. gen. Craufurd's brigade.-The troops of The advanced guard on the heights to the southward and eastward of the town were deemed sufficient for its defence, and maj. gen. Hill was moved to the centre of the mountain on which a great body of the infantry had been posted, as a support to these troops, and as a reserve to the whole army. In addition to this support these troops had that of the cavalry in the rear of their right. The enemy's attack began in several columns on the whole of the troops on this height; on the left they advanced, notwithstanding the fire of the rifle-men, close to the 50th, and were checked and driven back only by the bayonets of that corps. The 2d battalion, 43d regiment, was likewise closely engaged with them in the road which leads into Viiera; and part of that corps having been ordered into the church-yard to prevent them from penetrat ing into the town. On the right of the

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Position they were repulsed by the bayonets of the 97th regiment, which corps was suc cessfully suported by the 2d battalion 52d regiment, which, by an advance in column, took the enemy in flank -Besides' this' opposition given to the attack of the enemy on our advanced guard by their own exertions, they were attacked in flank by brig. gen. Ackland's brigade in its advance to its position on the heights on the left, and a cannonade was kept up on the flank of the enemy's columns, by the artillery on those heights. At length, after a most desperate contest, the enemy was driven back in confusion from this attack with the loss of seven pieces of cannon, many prisoners, and a great number of officers and soldiers killed and wounded. He was pursued by the detachment of the 20th light dragoons, but the enemy's cavalry were so much superior in numbers, that this detachment has suffered much, and lieut. col. Taylor was unfortunately killed.--Nearly at the same time the enemy's attack commenced upon the heights on the road to Lourinha. This attack was supported by a large body of cavalry, and was made with the usual impetuosity of the French troops. It was received with steadiness by maj. gen. Ferguson's brigade, consisting of the 36th, 40th, and 71st regiments; and these corps charged, as soon as the enemy approached them, who gave way, and they continued to advance upon him, supported by the 82d, one of the corps of brig. gen. Nightingale's brigade, which, as the ground extended, afterwards formed a part of the first line; by the 29th regiment, and by brig. gen. Bowe's and Ackland's brigades, while brig. gen. Craufurd's brigade, and the Portuguese troops, in two lines, advanced along the height on the left.

In the advance of maj. gen. Ferguson's brigade, six pieces of cannon were taken from the enemy, with many prisoners, and vast numbers were killed and wounded.The enemy afterwards made an attempt to recover a part of his artillery, by attacking the 71st and 82d regiments, which were halted in a valley in which it had been taken. These regiments retired from the low grounds in the valley to the heights, were they halted, faced about, fired, and advanced upon the enemy, who had, by that time, arrived in the low ground, and they thus obliged him again to retire with great loss. In this action, in which the whole of the French force in Portugal was employed under the command of the Duke D'Abrantes (General

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Junot) in person, in which the enemy w certainly superior in cavalry and artiller and in which not more than half of British army was actually engaged, he h sustained a signal defeat, and has lost pieces of cannon, au 123 ainmunition wa gons, with power, shells, stores of all d scriptions, and twenty thousand rounds musket ammunion. One general offic (Beniere) has been wounded and taken soner, and a great many officers and soldie have been killed, wounded, and taken. The valour and discipline of his majes troops have been conspicuous upon this e casion, as you, who witnessed the great part of the action, must have observed; i it is a justice to the fallowing corps draw your notice to them in a partico manner, viz.-the royal artillery, command by lieut. col. Robe; the 20th drago which had been commanded by lieut. c Taylor; the 50th regiment, commanded Col. Walker; the 2d battallion 95th fo commanded by maj Travers; the 5th talion, 60th regiment, commanded by m Davy; the second battallion 43d, co manded by maj. Hull; the 2d battalion 5 coinmanded by lieut. col. Ross; the 97 regiment, commanded by lieut. col. Ly the 36th regiment, commanded by d Burne; the 40th, commanded by col Ka mis; the 71st, commanded by lieut. c Pack; and the 82d regiment, commanded maj. Eyre. In mentioning col. Burne, the 36th regiment to you upon this occasi I cannot avoid to add, that the regular orderly conduct of this corps, through this service, and their gallantry and discipl in action have been conspicuous.-I m take this opportunity of acknowledging obligations to the general and staff officer the army. I was much indebted to maj. g Spencer's judgement and experience, in decision which I formed, with respect to t number of troops allotted to each point of fence; and for his advice and assistan throughout the action.-In the position tak up by maj. gen. Ferguson's brigade, and in advance upon the enemy, that officer she ed equal bravery and judgment; and me praise is due to brig. gen. Fane, and br gen. Anstruther, for their gallant defen of their position in front of Vimiera, to brig. gen. Nightingale, for the mana in which he supported the attack upos enemy, made by major-gen. Ferguson. (To be continued.)

Printed by Cox and Baylis, Great Queen Street; published by R. Bagshaw, Brydges Street, Covent Garden, where former Numbers may be had: sold also by J. Budd, Crown and Mitre, Pall-Mail

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VOL. XIV. No. 12.] LONDON, SATURDAY, SEPTEMBER 17, 1808. [PRICE IOD.

"We must allow a latitude to the free discussion of the merits and demerits of authors and their works; otherwise we may talk, indeed, of the liberty of the picss, but there will be in reality an end of it."-Report of LORD ELLENBOROUGH'S Charge.

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MY LORD;

Either that liberty, of which we have boasted, and do boast, so much, is a mere sound, invented by policlans for purposes resembling those for which priests invented relicks and penances, and for which methodist preachers pretend to inspiration; either the whole thing is, in short, a specious and delusive fraud, or the result of the Action, recently tried before your lordship, in the case of Carr against Hood and Sharpe, is not only of greater importance to the nation than the recent ctories over the French, in Portugal, but of greater importance than would be a series di victories, by which Buonaparte should te overthrown. For, what do we promise ourselves, as the fruit of such victories? Why, the secure enjoyment of our lives and property; security from that oppresson, which we should, in all probability, experience at his hands. This, after all, is the sole end of all our sacrifices and of the dangers and sufferings of our countrymen who are in arms. There is no other national purpose that we can have in view. This being the case, I am pretty confident, that the public, when they duly reflect upon the matter, will be convinced, that, on the 25th of July last, a greater victory was gain. ed for England under your lordship, than has been gained, by land or sea, for many years past.

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The doctrines, laid down by your lordship, upon this memorable occasion, seem, indeed, to have been restricted as to their application. They seem to have been, rather carefully, confined to "authors and their "works" but, in pursuance of the purpose for which alone I now address you,

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shall, I think, succeed in convincing your lordship, that this restriction cannot subsist, consistently with reason and justice. I have, below, given an abridgment of the Report of the Trial, in which I have retained all that was said by your lordship; but, that

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we may have the matter fairly before us, I will here shortly state the substance of your doctrines, supposing what you said to have been correctly reported; for, as to myself, I, of course, who was not, present at the trial, can state nothing from my own knowledge. I take this report as I find it; I lay it before my readers as being a report given, in print, by another person; I take it up, I treat it as a book; and, if it be what it professes to be, it contains the words uttered by you upon the occasion referred to.

The first of these words I have taken for my motto. The next time you speak, you say, that we must really not cramp observations upon authors and their works; that they should be liable to exposure, to criticism, and even to ridicule, if their works be ridiculous; that, otherwise, the first who writes a book upon any subject, vill maintain a monopoly of sentiment upon it; that thus vice and error will be perpetuated, and so we should go on to the end of time; and that you cannot conceive that an action is maintainable on such ground. Upon Mr. Garrow's observing, that, though an author's book might be ridiculed, the critics had no right to endeavour to destroy him altogether as an author, your lordship said, that you did not know that; that, (speaking in the interrogative form) suppose a man publihsed a book injurious to public morals, of infinite mischief to the public taste, containing bad maxima of government, or any thing else that ought to be decried, are we not at liberty to expose that work? Aye, and expose the author of it too, as far as he is connected with the work, and that in the most pointed language of wit, humour, or ridicule; that, a critic, in such case conferred a benefit on the public; that the destruction of the author's reputation was nothing; that it was a reputation which ought to be destroyed; that it was idle to talk of the liberty of the press, if one man might not write freely upon the work of another; that, if there had been an attack upon the moral character of the author, or any attack on his character unconnected with his work, the law would have afforded him protec. tion. Upon Mr. Garrow's saying, that the defendants had not destroyed Carr's reputas

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and the justice of these reservations and re strictions that I now propose to inquire FIRST, as to the qualification of the word "criticism." Your lordship would have it to be fair, and, in one place, it would seem that you insist upon its being candid as wel as fair. I always thought, that the word were synonymous; but, whatever be thei meaning, they express that quality whiel you hold to be necessary, in order to justif the criticism, though the author be embo died in his work. But, my lord, be th quality what it may, who is to tell us whe ther it exist or not? Evidence can be give as to truth or falsehood; as to the obed ence or disobedience of any law; as to th performance or breach of any well know moral duty; as to any thing, in short, the is clearly defined and settled. About wh is fair who can say that any thing has bee

tion fairly, your lordship said that he must show that it was not fairly done; and, upon his replying, that the caricature was proof of unfairness, your lordship bade him go on with his case.In your charge, after having repeated your sentiment respecting the public utility of writing down bad books, you said, that this, however, was applicable to fair and candid criticism; that, as to the loss sustained by an author from such a cause, it was what you, in the law, called damnum absque injuriâ, a loss (which the law does not consider as an injury, because it is a loss which he ought to sustain, a loss of fame and profits to which he was never entitled; that, if it were otherwise, you did not know where we were to stop; that you knew of nothing that more threatened the liberty of the press, in the days in which we live, than to give encourage ment to this species of action; that, how-settled? Where is the standard wheret ever, you wished not to be misunderstood, for that, if there had been any thing in the criticism, of a libellous tendency, wholly foreign to the work, or unconnected with the author of it, as embodied in it, the action was maintainable; that neither yourself nor the jury had ever appeared before the world in the character of an author, or at least you never had; that, if you had, you should not think yourself entitled to maintain an action against any body else, who ridiculed your work, and proved it to be ridiculous; that, in fine, if the jury thought, that the criticism was upon the work, and upon the author as connected with the work, and not written by way of calumny upon him as an individual, you were of opinion that the action was not maintainable; that if, on the contrary, they should be of opinion, that the criticism was written against the author, as a man, and unconnected with his work, then you thought the action was maintainable.After the verdict was given, your lordship (a thing not very common, I believe) thought it necessary to caution the audience against a misunderstanding of what had passed. "I hope nobody will understand, from the re if this trial, that there is the least countenance given to slander, or to ridicule any author, any more than any other "individual, unless such ridicule be con"nected with his works, and the author is "embodied with his work; for courts of justice are as tender of the moral charac"ters of all men, whether they be authors or not, as they are firm in the mainte "nance of the right of every individual, to gave a free opinion, on every publication of a literary work.”

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It is, my lord, into the reasonableness

we are to judge of fairness? It is evide
that there can be no such standard, and the
the point must always turn upon mere op
nion. What would this question of fairne
come under, then, the law or the fact
the case? Who would settle the point, t
judge or the jury? "One of the jury
upon this trial, appeared to have a great ट
sire to shew himself learned in the lav
but, it will hardly be contended, that juri
or that courts of justice, can be, or on
to be, made into supervisors of the taste
the press. A tyrannical judge in Amer
added the quality "decent, as essential
publications to be tolerated. Who was
be the judge of the decency? There »
maxim, which says, "miserable are the
"who are subjected to laws of uncerti
"operation." Indeed, where the ope
tion is not uniform, and where the prin
ple is not clearly laid down and well know
it is an abuse of words to call the thing (4
which always implies something where
man's duties or rights are defined.
this reservation, however, I think we ne
not be very uneasy, as the result of t
trial, together with the opinions of v
lordship, decidedly in favour of that resu
enables us to proceed to the length of im
ting to a man (no, not a man, an authe
all sorts of felly; to exhibit him as a fo
a lunatic and a vagabond in point of prop
ty; and, lest our pages of letter pr
should fail, to call in the distorting aid
the pencil to effect our purpose. This
been deemed fair criticism; and, therefo
it will, I imagine, be very difficult for of
make use of any, that can, without dep
ing from the principles, upon which t
case was decided, be deemed unfair.

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But, the person ridiculed must, it won

seem from this report of your lordship's language, be not only an author of a whitten and published work, but, he must also embody himself in the work. What is meant by this embodying work I do not very clearly perceive. In other places it is said, that he is to be ridiculed no farther than he appears in connection with his work; and ' that, unconnected with his work, he is to be treated with all the tenderness which the law takes care to provide for the individual. But, my lord, who is to settle these nice points of connection and incorporation? How am I to know what is meant by this connecting and embodying? Suppose I were to take up a book written for the purpose of persuading me, that I am very wrong indeed in objecting to the ministry of the day; suppose this work has for its author some man who lives upon the taxes and whose wife lives upon them too; suppose the whole family to be chin-deep in sinecures and reversions; must I not speak of these; must I not expose the author's motives for his work; must I not, if my pen fail me, call in the aid of the pencil to exhibit this author in the act of picking John Bull's pocket with one hand, while he holds up, in the shape of a pair of winkers, is book in the other hand; must I not bang a label, marked plunder, out of his pocket; and must I not put his wife and children in the character of sturdy paupers, jeering those from whom they receive their daily bread? Assuredly I ought to do all this; and yet this author might so write his book as not to embody himself with it, in any shape whatever; and I might be told, perhaps, that his places and pensions had nothing at all to do with the merits or demerits of the ministry; that I had gone into a subject foreign to the book; and that, therefore, I ought to be punished as a libeller; whereas it would appear to me quite necessary to go into these matters in order to shew the motive of the author, and that for the purpose of preventing his book from doing public mischief. It is not at all necessary for an author to connect himself with his book. He need not write in the form of such connection. He may, like the newspaper people and the reviewers, write in the style royal, and call himself wE; or, he may unite in the impersonal altogether. There are very few instances, in which an author can be said to embody himself in his work. I can, indeed, only be when he relates his own adventures, or gives an account of transactions, in which he has personally borne a part. And why, my lord; why, I beg leave to ask, should this

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particular description of authors be exposed to ridicule more than any other description? Why is it so very necessary to expose their fully and destroy their reputation? Of what particular harm is their success? In what way is it entitled to any extraordinary quantity of legal reprobation? Why should these fools be outlawed any more than the rest? Your lordship may see a very sufficient reason for the dis inction; but, I confess that I can see no reason at all for it. Every man, who writes and publishes, challenges the criticisms of the world. The very act of writing the book embodies him with it. It is is his act. It belongs to him. It is the picture of his mind. It is a part of himself. The critic has a right to take the man and the book together, and to criticise them, and, if he pleases, ridicule, or endeavour to ridicule them both. If he has not this right, he has no right at all; he is never safe; and he had better lay aside his pen. If he himself be foolish in his criticism; if he te unfair, or malignant, why, the world, who will soon perceive it, will not fail to punish him in the only suitable manner, without any of the aid of judges and juries, There was a still further qualification, too; not only must the man have published his acts, or his work; but, he must have embodied himself with the work, and the work must be ridiculous. All this must be seen to exist before the ridicule could be justified. But, here again we have our old difficulty; who is to determine, whether the work be ridiculous or not? The jury are to judge of the alledged offence under the direction of the judge; but, it will not be pretended that this is a tribunal, wherein to try the merits or demerits of a literary work. What, then, becomes of this qualification ? The critic will say, that the work is ridicu lous; the author will say that it is not; even the public may be divided upon the point; and who in all the world is to settle it? Your lordship says, and very truly, that it is of great public utility to expose ridicu lous works, and to destroy the reputation of their authors; but, if I should be enged in an act of great public utility of thes sort, how should I fare if your lordship and the jury should happen to think that refidious lous, which I took for ridiculous? How an I to know that you will be of my oj malon ? And must I not, then, be continually in a state of uncertainty; and must not a press, thus shackled, be infinitely worse than no press at all? The fool or rogue rus, no risk, either in his writings or publishings; while his critic is never safe for a moment. John Carr saw this, and, therefore, ho

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