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it fhould weigh in deciding upon had not the girl flood contradicted by herself, upon the circumftance of the piftol not having been touched by Mr. Yates; the fays one time he did touch the pistol, at another time he did not touch the piftol but I muft obferve this, that this pittol must have been extremely carelesly ufed by Sellers; he must have cocked it be fore he went down, unless he was cocking it at the time; if he carried it down cocked at the time, he ought to have been very careful not to have put that piftol fo near Mr. Yates as to endanger his life; but that is a matter perhaps that will affect the degree of guilt as to the punishment, if you find him guilty of manslaughter; then here is a circumftance that will lead you to decide whether the pistol was fired off accidentally or wilfully. If upon the whole you think it was fired off wilfully, you will find Sellers guilty of the murder; if upon the other hand you think there is not evidence fufficient to lead you to fay he fired off this piftol wilfully, but accidentally, there being no pofitive and direct proof that it was fired wilfully, you will find him guilty of manslaughter only; and you will remember this, that in a doubtful cafe, the character of a man ought always to weigh and stand him in good ftead; and if a man has, during his whole life, as was ftated by fome of the witneffes ever fince 1772, for 24 years; fays another for 20 years; lays another he has been uniformly marked for his humanity and the mildness of his difpofition; it is a strong circumftance to weigh in a doubtful cafe in the man's fate. You will therefore fay, under all thele circumftances, whether you think there is evidence fufficient to believe he fired it wilfully; if you think fo, you will find him guilty of a moft ferious murder; if you think he fired it accidentally, you will find him guilty of manilaughter, and lefs than that you cannot find him guilty of.

not touch the piftol. Upon her depofition before the coroner the fays this, that M. Yates pur cet one of his hands to puth away the pistol, when it immediately went off and hot him; he does not fay in that, whether he touched the pitol or nor; but before the magistrate the fays Mr. Yates put his hand toward the piftol to push it away, and did push it a little afide, and that then Sellers fired the piftol off. The girl, therefore, has varied in her, teftimony before the magiftrate from the teftimony that he has given this day; fhe ha aid at one time that he did touch the piftol, and at another time that he did not; the lays to-day he did not; not be imputed to any thing but error and miake in the girl; for he has told her story with great fimplicity, but it may be that her recollection is not perfect. Mr. Yates has faid that he was hot malicioufly; on the other hand, Sellers fays, that Mr. Yates touched the pistol, jarred it in his hand, and that was the occafion of its going off. If you are of opinion that that was really the cafe, and that the pistol went off by accident, then I think you ought to find Sellers guilty of manflaughter only; if you think it went off wilfully, I think it is a murder of an atrocious nature. There are a few circumstances to be obferved upon exclufive of the act of the pistol itself, that where a piltol does go off by accident, it is natural for a perfon to fay immediately, it went off by accident; but he only fays, he is not hurt, he is not hurt, and does not feem to be aware that he has done any mifchief, nor does he before the deceafed in the garden fay it was an accident, though he does fay fo to a witness after wards; he does not tell Mr. Yates fo, he only asks him forgiveness; but the time to have obferved that fhould have been the very inftant, and that in the hearing of Mary Thompson; that being the cafe you will take that circumftance into your confideration and fee how far

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TREATY of ALLIANCE, Offenfive, and Defenfive, between France and Spain.

THE executive directory of the French republic and his catholic majefty, the king of Spain, animated with the defire of drawing till clofer the bonds of amity and good understanding happily re-eftablished between France and Spain, by the treaty of peace concluded at Bafle on the 4th Thermidor, the third year of the re

public, the 22d of July 1795, have refolved to form a treaty of alliance, offenfive and defenfive, with respect to every object which may have relation to the commerce and common defence of the two nations; and they have charged with this important negociation, and given full powers, the french republic to citizen Domi

nique Catherine Perignon, general of divifion of the armies of french republic, and ambassador from the republic to his catholic majefty the king of Spain; and his catholic majesty the king of Spain to his excellency don Manuel de Godoi, &c. prince of the peace, duke of Alcudia, &c. who, after communicating and exchanging their full powers, have agreed to the following articles;

Art. I. There fhall exift in perpetuity an offenfive and defenfive alliance between the french republic and his catholic majetty the king of spain.

II. The two contracting powers mutually guarantee without referve or exception, in the moft pofitive and abfolute manner, all the territorial ftates, iflands, and places which they poffefs refpectively; and thould either of the two powers hereafter, under any pretext whatever, be at tacked, the other promifes and engages to affift with its good offices, and, on demand, to grant fuch aid as fhall be ftipulated in the following articles.

III. Within the fpace of three months from the time when aid fhall be demanded, the power on whom the demand fhall be made fhall have ready for the ufe of the power demanding, fifteen fhips of the line, of which three fhall be 3 deckers, or of So guns, and 12 of 70 or 72; 'fix frigates of proportionate force, and corvettes, or light veffels, all equipped, armed, and victualled for fix months, and fitted out for a year. This naval force fhall he -affembled by the power of which aid is demanded, in fuch of its ports as fhall be pointed out by the other power.

IV. In cafe the power demanding fuccour fhould judge neceffary, at the commencement of hoftilities, to require one hair the aid to which it had a right to by the preceding article, it may at any other period of the campaign demand the remaining half, which thall be furnished in the fame manner, and within the fame time as the former, reckoning from the

time of the new demand.

V. The power from which aid fhall be demanded fhall in like manner, within three months, reckoning from the time the demand fhall be made, furnish eighteen thousand infantry, and fix thoufand' cavalry, with a proportionate train of artillery, to be employed either in Europe, or for the defence of the colonies, which the contacting powers poffefs in the Gulf

of Mexico.

VI. The power making the demand hall have permiffion to fend one or more

commiffioners to afcertain whether the power on which the demand is made is taking the neceffary measures to have the ftipulated land or naval force ready by the time prefcribed.

VII. Thefe fuccours fhall be entirely at the difpofition of the requiring power, which fall leave them in the ports of the territory of the power required, or employ them in fuch expeditions as fhall be deemed proper, without being held to give an account of the motives that fhall have determined it.

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VIII. The demand which one of the powers fhall make of the fuccour ftipuated by the preceding articles, fhall be fufficient to prove the neceffity of fuch fuccours, and fhall impofe on the other power the obligation of difpofing of them without its being neceffary to enter into any difcuffion relative to the queftion, whether the war which it propofes be offenfive or defenfive; and without any explanation whatever being demanded, which might tend to elude the moft fpeedy and exact accomplishment of what is itipulated.

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IX. The troops and fhips required fhall remain at the difpofal of the demanding party, during the war, without being in any cafe maintained at its expence. party on whom the demand fhall have been made fhall fupport them wherever its ally wishes that they should act. It is, however, provided, that as long as fuch troops or fhips fhall remain upon the territory, or in the ports of the demanding party, the latter fhall furnish them with whatever is neceffaty out of its magazines and arfenals, in the fame manner and at the fame price as to its own troops and fhips.

X. The party on whom the demand fhall have been made, fhall make up its quota of fhips and of troops, as foon as any lofs fhall have been fuftained by them

XI. If the above fuccours fhould prove. infufficient, the contracting parties fhall put in activity the greatett force poffible by fea and land against the enemy of the power attacked, which fhall use the fard forces either by combining them, or making them act feparately, according as the plan fhall have been concerted between them.

XII. The fuccours ftipulated by the preceding articles fhall be furnished in all wars which the contracting parties may have to carry on, even in thole in which one of the parties fhould not be immediately interested, but should act as a fimple auxiliary.

XIII. In cafe the motives to hoftility fhould be common to both parties, and they fhould declare war by common accord against one or more powers, the above limitations fhall not take place, and the two contracting parties fhall act against the common enemy with the whole of their forces by fea and land, and fhall concert plans to direct them against the most vulnerable points, either feparately or together. They oblige themselves alfo in this cafe to treat of peace only by common accord, that each may obtain due and proper fatisfaction.

XIV. In case one power should act as auxiliary, the power which fhall have been attacked may treat of peace feparately, but in a manner that not only no prejudice may refult to the auxiliary power, but even that the treaty may turn as much as poffible to its direct advantage. For this purpose the auxiliary power fhall have the knowledge of the manner and time agreed upon for opening and carrying on the negociation.

XV. A treaty of commerce fhall be concluded upon a footing the most equitable and mutually advantageous, which fhall infure to each, with its ally, a marked preference for the produce of its foil and manufactures, or at leaft advantages equal to thofe which the most favoured nations enjoy. The two powers engage, from this time, to make a common caufe in order to reprefs and annihilate the maxims (adopted by whatever other country) inimical to their principles, to the fecurity of the neutral flag, and to the

refpect which is due to it, as well as to re-establish the colonial fyftem of Spain upon the footing on which it existed, ór ought to have exifted, according to former treaties.

XVI. The capacity and jurifdiction of confuls fhall be fettled and regulated by a particular agreement, till which time they hall remain upon the present footing.

XVII. To avoid all difputes between the two powers, they fhall occupy themfelves without delay with the explanation and afcertaining the 7th article of the treaty of Bafle concerning the frontiers, according to the inftructions, plans, and memorials which fhall be communicated through the medium of the fame plenipotentiaries who negociate this treaty.

XVIII. England being the only power against which Spain has direct complaints, the prefent alliance fhall only take effect against her during the prefent war, and Spain fhall remain neuter with respect to other powers armed against the republic.

XIX. The ratification of the prefent treaty fhall be exchanged in one month from its fignature.

Done at St. Ildephonfo, 2 Fructidor, August 19, 4th year of the republic, one and indivifible.

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CONTINENTAL ADVICES, from the London Gazettes.

From the London Gazette, October 1.

Leipfig, Sept. 18.

AN eftafette from Ratisbon is juft arrived at this place, informing us, that on the 11th inft. the Auftrian generals Frolich and the prince Furstenberg had made a fuccessful attack on the enemy's forces affembled near Munich, and forced them to a precipitate retreat, with the lofs of about 2000 killed and wounded, and of 1500 taken prifoners. This victory was chiefly decided by a skilful manœuvre of general Hotze, in confequence of which he had effected a paffage over the Danube, near Donawerth, with a confiderable body of Imperial troops, with whom he attacked moit vigorously the French corps befieging Ingolftadt, and obliged them to raise the fiege with great lofs.

From the London Gazette, O&tober 18.

Downing-ftreet, Oct. 18. Difpatches, of which the following are copies, have been received from captain Anstruther and Robert Craufurd, efq; by the right honourable lord Grenville, his majefty's principal fecretary of state for foreign affairs.

Head Quarters of His Royal Highness the Archduke Charles, Haen, September 19, 1796.

My lord,

His royal highness the archduke leaving a confiderable corps in referve at Windecken, marched with the main body on the 12th to Friedberg. From thence geperal Kray pushed on with a strong ad

vanced guard toward Wetzlar, on the approach of which the enemy abandoned the town, and took poft on the heights behind it. General Hotze was detached at the fame time toward Weilbourg, but was not able to make himself master of the place.

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His royal highnefs, whofe chief operations feemned hitherto to be directed on Wetzlar, now turned to the left, and following the great road to Limbourg, encamped on the 14th inft. near Weyer. His object was to form a junction with corps under general Neu, which was advancing from Schwalback, and to endeavour to penetrate the centre of the enemy's line at the points of Limbourg, and Dietz, while general Kray turned it by the left from Wetzlar, and general Milius kept in check the right, pofted near Naffau.

On advancing to reconnoitre the enemy, his royal highness found him very advantageously posted, and a confiderable force on the heights in front of Limbourg; and as from the reports received from the advanced corps there was every occafion to believe that he meant to difpute the paffage of the Lahn, it was judged advifeable to defer the attack till the co-operation of general Neu was more certain, and till the referve, which was now or dered up from Windecken, fhould arrive.

Early on the 16th his royal highnefs advanced against the front of the enemy's pofition, while general Neu, from Kirberg, turned it. The enemy, who faw himself in danger of being cut off, abandoned the heights with precipitation, and being clofely purfued, was obliged to take thelter behind the Lahn, leaving the Auftrians matters of Dietz and Limbourg. The tirailleurs defended themselves, bowever, in the fuburbs of the latter, with fo much obftinacy that night came on before it was poffible to dislodge them.

From the refiftance made at Limbourg the archduke was in hopes that, the enemy meant to rifque an action in the pofition of Hadamar, and in confequence the whole army affembled before day-break on the 17th between Dietz and Limbourg, from which points it was determined that a general attack fhould be made. A very thick mift, which prevailed in the morning, prevented the troops advancing fo early as was intended; and when it cleared away the enemy was feen in full retreat, and already at fuch a diftance as to leave no hope of bringing him to action, He abandoned fucceflively, in the course of

the day, all his posts on the Lahn, those of the left and centre retiring toward the Sieg; and the divifion of the right, and the corps which blockaded Ehrenbreitstein, throwing themselves into the Fete de Pont at Neuwied, and the entrenchments on the left bank of the Rhine.

No time was loft by the different Auftrian corps in palling the Lahn in purfuit of the enemy. General Kray was, on the 19th, at Herboon, and pushes on toward Dellenbourg and Siegen. The advanced guard of his royal highness' column is this day at Hochftebach, in the direction of Alte Kirck, and general Neu is in the neighbourhood of Neuwied. The pains which the enemy have beltowed in fortifying the latter place, prefent difficulties which it will perhaps require time to overcome, but which, in the mean time, will not in any degree retard the progrefs of the army,

The feeble refiftance which the French have made in a poft fo important and fo advantageous as that behind the Lahn, and which they certainly had refolved to defend, confirms, in the ftrongest manner, the reprefentation which I have had the honour of making to your lordship of the fituation of their army. Disorders of every kind have arisen to fuch a height among them that Jourdan thought it neceflary to demand extraordinary and unlimited pow-ers of the directory, without which it would be imible for him to restore difcipline and fubordination. This requeft was not only refufed by the divectory, but he himself is removed from the command, which is conferred on Bournonville. This circumftance has added much to the difcontent of all claffes in the army. A number of the officers of the highest rank and reputation have given in their refignations, and the defertion among the foldiery is prodigious. Under thefe circumftances, it is rather to be wifhed than expected, that the enemy may attempt to make another stand on this fide of the Rhine.

I feel infinite fatisfaction in being able to ftate to your lordship, that from the favourable accounts received of the fituation of colonel Craufurd, there is every reafon to hope that he will be enabled to refume the functions of this miffion much fooner than was at firft expected.

I have the honour to be, &c.
(Signed)

ROBERT ANSTRUTHER,
Captain 3d Guards.

Head Quarters of His Royal Highness.
the Archduke Charles, Haen, Sep-
tember 20, 1796.
My lord,

A REPORT is just received from lieutenant-general Hotze, in which he ftates, that in advancing yesterday evening toward Hochitebach, he found means to bring on a ferious affair with the rear guar of the enemy, which terminated entirely in favour of the Auftrians.

Marceau, general of a divifion, and diftinguished among the French for his activity and enterprize, is wounded and taken prifoner. His two aides de camp have fhared the fame fate, and his adjutant-general was left dead on the field. A confiderable number of inferior Officers and privates are likewife brought in.

The enemy continues his retreat with the utmost precipitation. It is generally fuppofed, however, that he will affemble his whole force in the strong position of Ukareth, and there make another ftand.

This has induced the archduke to bring nearer to the main body the coips under general Kray, who, in confequence, encamps to day at Hackenburg. His royal highnefs will be this evening at Walrode, and the advanced guard of general Hotze is pushed on to Altenkirchen and Weyerbusch.

A confiderable corps, drawn from the garrifons of Manheim and Philipsburg, and reinforced by the detachment of cavalry under cotint Meetfeldt, has advanced into the margraviat of Baden, and has met with much fuccefs. They have furprized and difperfed the corps which the enemy had left in that country, have made a number of prisoners, and taken or deftroyed a quantity of baggage and

ammunition.

Accounts are received of the operations of general La Tour down to the 14th inftant, by which it appears that general Moreau quitted his polition on the left bank of the Yfer on the 10th and 11th inftant. General La Tour followed him clotely, and was on the 12th at Pfaffenhoven. As general Moreau feemed to direct his march toward Neuburg, where, it was fuppofed he would repafs the. Danube, general Nauendorff cruffed the river below that place, in order to watch his motions; and on the 14th engaged a ferious affair with his rear guard, in which the Auftrians took one piece of cannon, and upward of a thoufand prifoners.

I have the honour to be, &c.
ROBERT ANSTRUTHER.
Captain 3d Guards.

Head Quarters of His Royal Highness the Archduke Charles, Weinheim, September 28, 1796.

My lord,

In my dispatch of the 20th inft. I had the honour of mentioning to your lordship the idea which prevailed that the enemy intended taking a ftand in the pofition of Ukerath. On the 21ft, however, pofitive information was received, that only a rear guard remained on the Sieg, the main body having taken the direction of Duffeldorf, while two divifions of the right wing had actually croffed the Rhine at Bonn.

The archduke now faw himself at iberty to undertake the projected operation toward the Upper Rhine, and he loft not a moment in making the neceffary arrangements for that purpose.

Lieutenant-general Wefnech, who commands the army deftined for the defence of the Lahn, received orders to advance on the 22d to Ukerath and the Sieg, and at the fame time his royal highnefs began his march toward the Meyn. He croffed that river on the 25th inftant, and, leaving a confiderable referve cantoned between Mayntz and Frankfort, proceeds to the Upper Rhine.

The latest reports from lieutenant-general Petrafch, after mentioning a number of fuccessful expeditions, in which the lofs of the enemy had been very confiderable, ftate the unfortunate iffue of an attempt made on Kell on the 17th inft. The attack took place in two columns, and was at firft completely fuccessful. The French were driven from the town and fort with great lofs, and forced to take refuge on the other fide of the Rhine. Unluckily, the commanding officer of one of the Auftrian columns was killed, and that of the other taken prifoner during the affair, and the troops, deprived of their leaders, fell into the greatest confufion; while the French, having received a reinforcement from Strafbourg, paffed the bidge, which the Auftrians had neglected to dettoy, and, falling on them before they could be brought into any degree of order, drove them in their turn from the poft which ey had fo gallantly carried.

Lieutenant-general Petrafch, after an unfuccefsful effort to diflodge the enemy, retired to his pofition at Bifchoffsheim and leaving a detachment to obferve Kell, and guard the pafs of the Kniebis and the valley of the Keutzig, he marched with the rest of his corps toward Stutgard,, where his van guard would arrive on the 24th instant.

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