standard, which was brought to England, and which is to be placed on the tomb of Sir Ralph Abercrombie, it must now be evident to every man, that it was taken from the enemy by LUTZ; and, it only remains for me to show the utter improbability, not to say impossibility, of its ever having, even for a single moment, been in the hands of the 42d regiment.-Major Stirling, who took the standard which Sinclair lost, states, and certifies under his own hand, that Sinclair went into the rear with that standard, and both he and Sinclair agree in stating, that it was in the rear that Sinclair lost it. But, the narrative of Lurz, confirmed by the word of honour of Lieutenant MoNCRIEFF, and by the oaths of SCHMID and WOHLWEND, prove, that the standard which we now have, was taken from the enemy in the front and not in the rear. As to time, too, the facts make directly against the supposition of pre-occupancy by the 42d regiment. Sinclair lost his standard after the attack of the cavalry began; but our standard was taken before that attack began, and that too from a corps of infantry, which the German Regiment had repulsed and was in pursuit of. The whole of the evidence, therefore, of LUTZ, of Lieutenant MONCRIEFF, of SCHMID, and of WOHLWEND, must be completely overset by positive proof, nothing like which has yet been attempted to be advanced, before there can be the slightest foundation, whereon to build the claim of pre-occupancy. How Sir Robert Wilson has been able to satisfy himself, that the Invincible Standard was, as is stated in the second edition of his work, "first taken by the 42d regiment, then lost, and afterwards retaken by LUTZ," I am totally at a loss to account for upon any other supposition than that he must still have laboured under the same sort of error, which led to the statement in his first edition, where he says:-" In "this battle the French Standard was

taken. Serjeant Sinclair of the 42d regiment, and a private of the Minorca, "whose name, unfortunately, cannot now

ર

be acquired, claimed equally the trophy, "and it appears, that each merited the honour. Serjeant Sinclair first took it, but being ordered forwards by an officer, he it to a private, who was killed. gave When the Minorca advanced the French had recovered the colours, but the private #wrested them from the man who had pos"session, and then bayonetted him.". Now, let us see, how this agrees with the statement of the parties concerned?

Captain WALSH, in his Journal of the late Campaign in Egypt gives what we regard as a statement perfectly correct:-" A stan"dard," says he, page 101, "covered with "the military exploits of the corps to which "it belonged (according to General Reg"nier, a battalion of the 21st demi-brigade), "fell into the hands of the Queen's German "Regiment. It was taken by a private, named "ANTHONY LUTZ, for which he received

a certificate from the Adjutant-General, "and the sum of twenty dollars. In the "early part of the action, a standard had "been wrested from the French by the "42d regiment, which was, however, un"fortunately, retaken from them."—This strictly agrees with the evidence produced; for it is childish to suppose, that the standard, taken by the 42d was "lost" by any other means than that of re-capture. The Serjeant and his officers say that he was wounded; he himself says he was cut down by a body of the enemy; and, can any one suppose, that that same body, who cut him down, would fail to take up the standard that he had in his hand? Besides, if they had not so taken it, it would have remained on the field, on the ground of the 42d regiment, and then comes the question, which never can be satisfactorily answered, where

66

66

self. The Scotch editor, Heriot, who was put in possession of the True Briton by Mr. George Rose, formerly Secretary of the Treasury, now speaks of the Standard, as of what has been called the INVINCIBLE Standard;" and, the Edinburgh and Glasgow commentators, anticipating the final award of the public, have, even while en deavouring to support the claim of the 42d regiment, candidly acknowledged, that "the thing claimed was of no very great importance!!!"-The manner and circumstances of the capture exhibit, perhaps, as striking proofs of good soldiership and of personal courage as ever were exhibited on any occasion. It has been stated, by one base traducer, in an Edinburgh paper, that "it" [the capture of the standard] "was no voluntary act on the part of LUTZ; that he was led, or, if you please, forced, on by his "regiment: and the colour happened to fall into his hands." So that, LUTZ was forced on by his regiment, the regiment was forced on by the brigade, the brigdade was forced on by the army, and the army was forced on by the Commander in Chief; and thus the Invincible Standard comes back to Scotland again! But, unfortunately, this ingenious mode of reasoning does not apply to the present case; for, Lutz did not take the standard while he was in the ranks. It has been proved upon oath, that he had pushed voluntarily on, far beyond the ranks of his regiment, in pursuit of the enemy; that he advanced further than the boldest of his comrades; that he alone approached close to the rear of the fleeing French, and that he, in consequence thereof, in consequence of his own personal valour, obtained possession of the Standard. When he had got it, too, he did not lose it. Though, in his way back to his corps, he was attacked by two horsemen, he did not, in order to save himself, surrender his trophy, but, on the contrary, resisted and overcame the assailants, one of whom he led prisoner to the regiment. In short, the great and imminent dangers, with which he was surrounded, the courage and the presence of mind which he discovered, and the dexterity with which he executed every part of his enterprize, places his name ainongst those of the bravest of the brave. *

As to the-lue of the standard, looking aff and the tattered silk, of merely at th which it is imposed, I must, indeed, acknowledge, with the candid Scotch editors, that "the thing claimed is of no very great importance." I dare say it would not, ex

See the interesting particulars, in Register, Vol. II. p. 801 et seq. or in the number sold separately.

fair

clusively of the silver tassels, sell at rag for above six pence, or seven pence at most; and, as it cost us twenty dollars, we made, in this respect, rather a bad bargain. But, taking it in a military and national point of view, the Highland Society, the Parliament, and his Majesty himself, have furnished us with a tolerable criterion whereby to judge of its value and its importance. By the former, a medal was to be struck to commemorate the valour shown by the 42d regiment, in the battle of Alexandria, which medal was to bear on it the Invincible Standard as a trophy won by that valour. The same society, agreeably to the propositions of several noblemen and gentlemen of great dis tinction, resolved to cause to be made a costly cup, to be presented to the mess of the 42d regiment; and this cup, which was to amount to a hundred guineas, at least, was to have, amongst its "appropriate devices", the representation of a Highlander in the act of taking the standard, that very standard, which the partizans of the 424 regiment now tell us, is "a thing of no very

great importance-But, there is still a higher authority whereunto to appeal: that of the Parliament, and of his Majesty himself. On the 18th of May, 1801, the Chancellor of the Exchequer brought forward a motion for erecting, at the public expense, a monument, in the Cathedral of St. Paul, to the memory of Sir Ralph Abercrombie, who was commander in chief at the battle of Alexandria, and who lost his life, in consequence of a wound he received in that battle. On the 20th of May, his Majesty sent a message to Parliament, signifying his intention to bestow on Lady Abercrombie the dignity of a Barony of Great Britain, with remainder to the heirs male of Sir Ralph, together with an annual pension of 20001. to descend to the two next succeeding heirs, this pension to be accounted to commence from the day on which the battle of Alexandria was fought. In what degree the standard was connected with all this, what value his Majesty and the Parliament attached to that trophy, which the Scotch editors now tell us, "is a thing of no very great

importance," will appear from the following extract of Mr. Addington's speech :"I am inclined to rate Sir Ralph Aber"crombie among the first military charac"ters that ever adorned the country. His "end bore a striking resemblance to that "of General Wolfe. I will only add, that "his Majesty, with that gracious disposi"tion which he has ever manifested to do "honour to those who have served him

faithfully, and by their exertions, have "benefitted the country, has directed that Q 4

"THE STANDARD, which has fallen into

a trophy,

"should adorn the monument to be erected to "Sir Ralph Abercrombie, to preserve the memory of bis services. It is a striking cir"cumstance, that THIS STANDARD will "remain to the latest posterity, at least as long

as a fragment of it can be preserved, as a "testimony of the bravery of a man, who never "drew bis sword to subvert and destroy, but to 66 save as well as to conquer....... The

conquerors of Italy fled before our army, " and THEIR STANDARD remained the 66 prize of the victors: ENGLISHMEN will 66 чисер when they shall bebold it; it is a prize "that has cost us dear. TO OBTAIN IT,

we bave lost our brave general.”—And was this standard, then, "a thing of no very great "importance?" Or has it lost that importance since the 18th of May, 1801; since it has been discovered not to have been taken by the 42d regiment? And will it not now be placed upon the tomb? Is it possible, that the Scotch or English nation will relinquish this honour; is it possible that they will burn the standard, rather than do justice to LUTZ? Will they be inveigled into this act of folly and of baseness, merely to gratify the spleen, arising from disappointed assurance and intrigue?-That the standard should "adorn the monument of "Sir Ralph Abercrombie, to preserve the me

mory of bis services," is most just; but, does not justice call also for something to preserve the memory of the deed, by which that standard was obtained? That the standard may "remain, to the latest posterity, as a tes"timony of the bravery of Sir Ralph," must be the wish of every grateful heart; but, does not national gratitude also demand something, as a testimony of the bravery of Lutz, that bravery, to which, and to which alone, we are immediately indebted for this trophy of immortal honour? And will not the servants of that Sovereign," whose "gracious disposition has ever been mani"fested to do bonour to those subo bave served "bim faithfully, and, by their exertions, bave

benefited the country;" will not the servants of that gracious Sovereign counsel him to bestow some small mark of his royal favour on the brave, the faithful, and the zealous captor of that symbol of victory, at the sight of which "Englishmen will weep" with exultation; the symbol of that victory, too, on which we justly ground our claims to military valour superior to that of our rival in arms?" it is a prize that has cost us dear." Yes, it has cost us quenty dollars! Twenty whole dollars! Four pounds ten shillings British sterling! And, shall it be said of Britain, that this was the price she paid for

has been an object of gracious dispensation in the hands of her Sovereign! If this be so, all honourable Englishmen will, indeed, "weap," when they behold the fragments of the Invincible Standard, not with exultation, but with shame; shame and remorse, to reflect, that while this trophy adorns the tomb of our hero and the temple of our God, the gallant LUTZ is left to waste in obscurity and penury, and to end, perhaps, in wretchedness and want, that life, at the hazard of which, this proud and immortal trophy was obtained.

What I have been able to collect, from the sale of the portrait of this gallant and loyal Frenchman, shall hereafter be faithfully accounted for; but, if those whose duty it is to bestow on him suitable honour and reward, neglect that duty, he shall not, by my instrumentality, have recourse to public subscription. The French, at the battle of Alexandria, previous to their attack on the Foreign Brigade, cried out: "down "with your arms, Germans, we are not "your enemies; we'll give you plenty of "bread!" Of which it was well known our army had long been greatly in want. "No, no," replied the German Regiment, "we fight for the King of England; you

may keep your bread!"-And, Lurz shall not, through me at least, in England, have recourse to mendicant means, to obtain that bread, which, in her service, and in the field of battle, he refused at the hands of the enemies of England.

As to the part I have taken in this affair, I am certain it will meet with the approbation of all just and honourable men, of whatever nation they may be; and, to those, who are of a contrary description, I scorn to offer any thing that might be construed into an apology. WM. COBBETT,

Duke Street, Westminster,
March 31, 1803.

THE TREATY OF AMIENS NOT BINDING ON THE COUNTRY.

SIR,-I shall not trouble your readers with a dissertation on the law of nations, on the obligations of treaties, on the circumstances which render them nugatory; on the lawful grounds of war, on the balance of power, &c.--These are points which have long since been settled, and large volumes Lave been written on these subjects, separately and collectively.-I shall only state a few facts to elucidate the question as it now exists between the contracting parties respecting the treaty of Amiens.

As it appears that Malta is the principal point in dispute at this moment, its impor

tance ought to be clearly ascertained.-By the length of the article in the treaty which regards this island, it would seem that the evacuation of it by Great Britain was the principal object which France had in view; and the securing its neutrality and independence the only concession required of the First Consul. We are willing to allow that Malta is of very great importance, and that ministers should not have consented, in November last, to evacuate it. But how comes it to pass, that only four months ago ministers were ignorant of its importance? Did they then not know that the possession of it would secure to us the command of the Mediterranean, as the evacuation of it would give to France the sovereignty of that sea, and exclude us from it for ever? Did they not know that its occupation would give to this country the means of protecting in a great measure Italy, Turkey, and Egypt, which otherwise must lie prostrate at the mercy of France. Buonaparté seemed anxious to place it in feeble hands. Our negotiators were satisfied by being promised a guarantee, as if that could save it from the claws of France. Taking it however for granted that Buonaparté had no intention of wresting from the hands of the knights, he still had obtained his object by excluding us from the only port in the Mediterranean, which could be a check on his ambition, and stop the progress of his aggrandizement in those parts.-The necessity that France should occupy Malta, in order to effect all its government has in view, does not appear. She has Elba.-She can command the ports of Sicily, and probably will, when we have quitted Malta, make a conquest of the whole island, in spite of the knights of the order, and in spite of our ministry.-By the treaty of Amiens, certain possessions, or acquisitions made during the war, were disposed of France and Great Britain were placed, thereby, in a positive relative situation, in regard to their respective power or force, or, in other words, a balance of power (whether just or unjust matters not) was understood to have been established.-Had neither of the countries changed their relative situation in other respects, the honour of Great Britain, as well as that of France was concerned in the fulfilling of the treaty of Amiens in every point, and a breach of the treaty would have been a breach of national faith on either part.-It has been a maxim in all ages, and particularly in latter times, where the preservation of the balance of power has been the great subject of wars and treaties, that no state can make acquisitions of any kind, or by any means, so as to derange its antecedent relative si

tuation to other countries; and every ac quisition, made without the consent of its neighbours, gives to them a right of interference, and, if things be not restored to their former situation, affords them just grounds for war, and consequently annihilates all treaties. A greater insult cannot be offered to the British nation than the pretension of Buonaparté, that this country should consider the treaty of Amiens as still existing; nor can a greater proof of the inbecility of ministers be produced than that of admitting his pretension.-In October last, the acquisitions of France since the peace, were become so alarming to the safety of other countries, in whose preservation we have the strongest interest, and to the safety and independence of our own country, that ministers were seriously alarmed. -They determined not to evacuate the possessions that were then in our hands, and in this resolution, it is confidently reported, they had the firm support of Mr. Pitt-which they lost on altering their conduct.-Instead of courageously declating to Buonaparté that the principle was violated, and the treaty of Amiens itself ceased to exist; that consequently, either the war would be renewed, or that another treaty must be formed, which would replace the two countries in a state of the same proportion of relative strength as was established by the treaty of Amiens, (when France had not made the acquisitions complained of.)-Instead of following this manly conduct, which the nation called for, they pusillanimously nego tiated, allowing the treaty to be binding to this country, and agreed to cede every thing as his Consular Majesty should be pleased to dictate. Here occurs a question, which shall be the subject of future discussion; bow far this exercise of the executive power is constitutional.-In consequence of which Buonaparté, while he was actually subjugating a part of the world, and laying plans for subjugating the remainder, imperiously demanded the immediate fulfilling of the conditions of the treaty; denied that we had any right to interfere in other matters, and was highly offended that we had presumed though in the most humble manner, to ask his Consular Majesty, why he was pleased to do all this-Instead of having obtained any concession from Buonaparté, by the stand ministers made in October, they evidently ceded more to him. In the treaty it was established that the grand master should be elected at Malta in a general chapter of the order, according to its ancient statutes; but in November they consented that the Pope should name the grandmaster, which is actually leaving the choice

to Buonaparte, for the Pope is so totally dependent that he must appoint whom the Consul prefers.

In this present month of March (a year since the definitive!-treaty of peace! was signed,) ministry have discovered, something they did not see before, nobody knows what-and they won't tell.-It is said, by some of their friends, that they surmise, that the occupying of Louisiana will be attended with direful consequences:-that all South America will fall into the hands of France; that her power in the West-Indies may be dangerous to Jamaica, and our other islands;-that France will have a great navy;-that she will exclude us from commercial intercourse with all the world. -That she will cause to be ceded to her all the colonies of her allies, by a consular mediation. That she will acquire possession of all Italy; that by a similar consular mediation, Naples and Sicily, will be put under her protection, and the Republic of the Seven Islands be freed from all civil discord, and, to preserve their liberty and independence, will be garrisoned by French troops; -that Candia and some of the Greek islands are to enjoy the blessings of a French government, and become a part of the great republic one and indivisible;-that the Beys of Egypt will be pardoned for their disaffection to the prophet of God, the true be liever, the faithful Musselman, and zealous son and protector of the holy Catholic religion. That Sebastiani's report indicates this and more too-That his imperial Consular Majesty, has in view to concert measures with his brother his Imperial Czarian Majesty to drive the Ottomans out of Europe, and to divide their country; though they have had some difference on the question of who shall have the Morea.-That Malta is of importance to this country, and that no guarantee, nor all the beroic exertions of the knights can save it from France :-that the island of Elba is a most dangerous post :that France will have great advantages by being sole mistress of the Mediterranean, and that her fleets united with those of her sister independent republics, and tributary monarchies, may become an object of alarm.

That intrigues are carried on in Ireland, and the disaffected are encouraged by Napper Tandy and others, and that he is also suffered to be encouraged.-That armaments are preparing to invade either that country, or Great Britain itself, or both; and a long chapter of et cæteras besides.

In consequence of ministers having at last taken alarm, or rather been panicstruck, the country is now arming at a great expense, and every one is ready to draw his

sword, or untie the strings of his purse.After all this, is the country to-morrow to be told that the treaty of Amiens is binding to Great Britain, but that by the firmness, wisdom, and magnanimity of ministry, who have dared, (by a side glance,) to look Buonaparté in the face, the relations of amity are re-established (at least for two months,) and that they have obtained all the satisfaction for the country which they desired; and that, lest we should again offend the Consul, we must not ask a single question about what has passed? No. This country has both the means and the courage to repel every attack. It will not be insulted by any foreign power on earth; or suffer its honour and dignity to be traduced by any set of men, who may prefer the possession of their offices to the welfare of their country.

In this lamentable state of things, will not those absent men of transcendent talents, who possess the confidence of the nation, and to whom the monied as well as the landed interest look up, incur as much blame as those who hold their places, if they do not stand forward and manfully avow their sentiments in the present momentous crisis? Whatever excuse they may make for their conduct, they cannot deny, that they were absent from their post in the bour of danger; that they abandoned their country when they might, perhaps, bave saved it.-If they will not come forward, is there no other set of men to be found? Is there no integrity remaining-no talent in this frivolous time of dissipation? Is the genius of Britain sleeping? Or is her genius departed?

J. B.

SUMMARY OF FOLITICS. UNITED STATES OF AMERICA.-The most interesting object, in the affairs of the United States, is the discussion with regard to the navigation of the Mississippi, or rather, at present, the right of deposit at New Orleans, of which the Spanish Intendant appears resolved to deprive the Americans. Besides regular files of different news papers, we have lately received two pamphlets from America, on this important topic, which seems to have absorbed the whole attention of the people of that country. One of the pamphlets contains the translation of a Memoir, said to have been presented, a little while previous to the peace of Amiens, to the chief Consul of France; which Memoir exposes most amply the ambitious, not to say hostile, views of the French, with regard to the North American continent, and which has, of course, added not a little to the apprehensions already excited in the minds of the people of the United States.-The Intendant of New Orleans had, in the mean time, rigorously adhered to the terms of his