The Sun.
London, England, 1831-09-28 00:00:00

HAMBURG PAPERS.

In my last I gave you some account of the pro-
ceedings of the Russians at Poros. I have now to
relate the sequel of their operations there,—opera-
tions calculated to raise the indignation of even the
enemies of this wretched country. How long the
English and French are to be the supporters of Capo
d'lstrias, or if not the supporters at least the peace-
able spectators of his atrocities, God only knows !
On this point all here is mystification, and whilst
the Russians are allowed to butcher the wretched
Greeks, the English and French look on. If
the Russians are permitted to go on making war
in this country, and Capo d'lstrias provided with
money, it becomes a permanent province of Rus-
sia, of which it is at present, to all purposes, a de-
pendency. Some years ago it was alleged that the
policy of England was to support the Turks, to
prevent the Greeks becoming Russians of their free
will; and now it seems that when the Greeks sacri-
fice their lives, their property, and their ships, rather
than become Russians, the policy is to force them
to do so by shedding their blood, or, what is
tantamount, allowing the Russians to do it. But
to proceed to my narrative of the proceedings at
Poros since my last account. Whilst Capo d'lstrias,
avho boasts of being able, at all times, to deceive
and outwit our diplomatists here, was holding out
to the residents that he had ordered the Russians
to cease hostilities, courier after courier had been
sent to Admiral Record (a man well qualified to
serve the views of Capo d'lstrias) to push matters
to extremities. In the mean time, 1,200 men of
Capo d'lstrias' troops (almost all men enlisted
from different countries) had arrived to attack
Poros. These men soon got hold of the water on
the side of the main land, and passed over in Rus-
sian boats, and assisted by Russian soldiers, they
made themselves master of the water at the monas-
tery also ; the Russians in the mean time having
erected four batteries, which they worked against
the town, and from which they tired even upon the
women and children going to endeavour to get water
(this is a fact). Poros had not above 500 men to
defend it. It was impossible to bring more men into
it, owing both to the want of water, and the total
want of provisions. The ships were in the same
state, and the men were obliged to leave them by
degrees. In this state of things, the Russian re-
sident issued a proclamation, in which he stated
that as the Greeks had fired upon the Rus-
sians, he would take measures to have their
ships now on trading voyages in the Black
Sea taken by the Russians. Under these circum-
stances, the Commission of the Islands assembled
at Hydra sent orders to Admiral Miaulis to remain
entirely on the defensive, and not to attack the lists.
thane, but that if it were impossible to defend him-
self, rather than give up the ships to the Russians,
to blow them up!!! Glorious and heroic resolu-
tion, worthy of the sacred cause of their country !
During this time the English and French ships were
in the harbour of Nauplia, which port they however
left to return to Pesos, and arrived there shortly
after the tragedy was ended. Last Saturday the
Russian Admiral, observing that the Hellas frigate
had not above 100 men on board (the Greek Ad-
miral having sent the other men away, having nei-
ther provisions nor water to give them) sent to say,
that if Miaulis did not give up the ships, he would
attack him in an hour, and that the troops would enter
Poros at the same time. Miaulis replied, that if the
Russian Admiral attacked him, or if the Russians
entered the town of Poros, he would blow up the
ships, as he never would consent to give up the Greek
national ships of war to the Russians. Previous to
this, and when he was well manned, he had sent to
the Russian Admiral to say, that he (Miaulis)
would not attack the ships of the Allied Powers,
but that if the Russian Admiral would hoist Capo
d'lstrias' flag, he would that moment get under
weigh and attack him; but this the Russians re-
fused to do. On Saturday, then, at eleven o'clock,
the Russians prepared to weigh anchor to attack
Admiral Miaulis, who was seen walking his quarter-
deck in the greatest apparent tranquillity of spirit,
not having with him more than five men, the others
having all been sent away. Soon after the Russians
and Capo d'lstrias' troops were seen advancing on
the town, and the ships approaching ; at this mo-
ment a tremendous explosion took place, which shook
the country round about like an earthquake ; it was
the blowing up of the Hellas frigate, and the
two remaining Greek corvettes! Previous to
this frightful event, Miaulis and the Ilydriots
had sent over vessels of all sorts, and boats to
bring away the population of Poros, the whole of
which, rather than submit to the Russians and Capo
d'lstrias, quitted their country and homes—their
houses, however, they left full of their property,
which was immediately plundered by the Russians
and Capo d'lstrias's troops, who, after having plun-
dered every thing in the town, set fire to all the
principal houses in it. Poros is now a silent pile of
stone. The adjacent coast is strewed with pieces
of the timber of the Greek ships, and the bodies of
the seamen whose lives have been sacrificed in this
atrocious mariner ! The Russians now menace
blockading Hydra and attacking Syra. If the French
and English squadrons permit their doing so, then
God help the people of this country, and more heavy
will be the curses against England and France than
even against Russsia, for nothing in the world can
persuade the Greeks that the Russian operations are
not connived at by those two Powers, The cause
of Greece's freedom would have been gained beyond
a doubt at Poros, had the Russians been prevented ine
terfering; and why they should have been allowed to
interfere, I am, I confess, as much at a loss as the
Greeks to comprehend. If the alliance were for
the protection of Greece, I should have thought
that all must interfere or none; however, we have
fatally proved the fallacy of this opinion. Hitherto
the new Ministry was popular, beyond any thing
you can imagine, in Greece. The people, now given
up to despair, judge of things as they see them, and
their conclusions as to facts are not to be refuted.
They are under the impression that the three
Powers are against them, and say, " Can we fight
against the three Powers, and have the Turks, per-
bar come into our country in the mean time ?"
The misery to which the Greeks are reduced by the
late war, and the delay in the settlement of their
country by the Allied Powers, has reduced to ruin
family in the country. The old soldiers
no fought their country's battles have many
of them emigrated. Many of them are in
fi_gh_ n
.g woi
tt r
st,h rnt
tAtrhl the
Thessaly and Epirus,
banians against the Grand
ire
service of Capo d'lstrias, not fromiz'er ;choice, but
necessity that their families may not starve.
All
the old and influential officers have been set aside,
and are scattered through the country in the greatest
poverty ; whilst, on the other band, the army of
Capo d'lstrias is well paid, and composed in, great
pert, of new people, both trier. and officers, Ihe

From the contents of the Hamburg papers and letters
to the 24th instant, it appears pretty evident that Paske--
witsch was deceived when be said, " the Polish army and
nation have submitted to their lawful Sovereign." This
assertion is now proved to be an empty boast. The Go.
verntnent, the representatives of the people, and all the
authorities, have evacuated Warsaw with the army, and
the Poles appear determined on making a desperate re-
sistance. These important facts are announced in an elo-
quent and patriotic proclamation, published by General
Roziski, of which we subjoin a translation. We hope
this gallant people will yet be saved from destruction by
the interference of those Powers whose interest it is, as it
must be their wish, to support them against the over-
whelming power of Russia :
PROCLAMATION.

" Head-quarters at Kunow, Sept. 12.
" Poles !—Four days ago a most sanguinary and obsti-
nately contested battle was fought under the walls of our
capital. Before the eyes of your wives, sisters, and
mothers, under the view of the whole city of Warsaw, the
Polish troops have slain more than 20,000 of the enemy,
and the entrenchments which were formed by the labour
of your fellow-citizens have now become the grave of the
invaders. To save the town from destruction, to weaken
the force of the enemy, our troops have evacuated the
capital. The cannon, ammunition, and all implements of
defence, the Government, the Deputies, all the Magis-
trates, have withdrawn with the Commander-in-Chief and
the army to Modlin. General Krukowiecki is no longer
President of the Government.
" In consequence of an armistice hostilities are for a
moment suspended ; but, my countrymen, let not that
moment be for you a period of repose which might divert
you from the great object of the deliverance of your native
land ; employ it rather to redouble your strength in new
efforts to establish the existence and independence of Poland.
"Is Warsaw for us all our country? Do its walls and
its inhabitants within so narrow a circuit form the limits
of the nation? After so many great sacrifices, after so
many dearly achieved victories, which have justly astonished
the world, shall our high thoughts, our feelings, our hopes
—shall all these beat the last moment of expectation dissi-
pated, as if the waters of the Warthe, the Vistula, the
Dnieper, the Bug, and the Dwina, did not present to us
the inheritance of our fathers, which, again reconouered
we will convey to our children? Who then would trea-
cherously violate the sacred oath we have sworn, to shed
the last drop of our blood in defence of the last foot of our
native land? No ! The Role is too proud to fail in a
pledge given in the face of the whole world, or to look
forward with a doubt of victory while he still is able to
lift an arm. He who can value liberty, who calls himself
freeman, will also know bow to break the fetters at-
tempts,' to be imposed up,,n him.
" Poles ! Yet one moment more of endurance and re-
signation, and the end of the glorious contest, whose re-
sult will be the restoration of our freedom, independence,
and rights, is at hand. The scale of victory must pre-
ponderate in favour of the zeal and resolution of our sol-
diers, and the sacrifices of our citizens. History exhibits
no example of a united nation, striving to obtain the great
object, being deceived in its hopes. Did not our enemies,
nineteen years ago, lose their capital, and notwithstanding
was not their nationality and independence secured? Ne-
ver let us forget that we owe everything to our country,
our common mother. Her existence is ours; we wear
her chains. Then let us once more renew in our hearts
the already sworn oath, that we resolve to be a free
people ; that we will not lay down the sword of our fathers
until we recover liberty and independence. Henceforth
let our motto be—' Death or victory !' And when we shall
stand in order of battle, we will meet the enemy with the
cry—' Live the country!' and thus will weROZIS KL" conquer.
"

FOOTPATHS AND HIGHWAYS.

A Bill, with the following title, " For remedying de-
fects in titles to lands allotted or taken in exchange under
Inclosure Acts," has been introduced into the House of
Commons, read a first and second time, committed, re-
committed, and is about to be read a third time this
day. 'When some of its clauses are stated, we are sure
that every one will wonder it has been suffered to pass
even a first reading, yet such is the speciousness of the
title of the Bill that no doubt the patriotic Members of that
House thought there could be no evil lurking under it.
A slight examination of its contents will shew their mis-
take. By the second clause of this Bill, any " award
made or purporting to be made" by Commissioners in
pursuance of any Enclosure Act, " shall be conclusive
evidence that they were duly appointed," and the mere
production of such award so purporting to be made by
the Commissioners shall be conclusive evidence of their
due appointment. Under the words of this clause, if
there should be Commissioners appointed, we will suppose
to enclose Hampstead Heath (and we know the strong wish
existing on the part of certain persons to make such an
enclosure), any award " purporting to be made" by
them would be proof not only that the persons by whom
it purported to be made had made it. but that they were
duly appointed for that purpose. Really, if Legislators
will make such sweeping legal assumptions, all the guards
and securities for property established byfrules requiring some
reasonable degree of strictness of proof will be at an end,
and any bold and impudent assertion of a fact must be
taken
.as conclusive evidence of the fact itself. This
clause indeed exceeds the license which has been intro-
duced in favour of the decisions of magistrates. To give
an example. A certain Act (the Buns Boat Act, 2 Geo.
111. c. 28) authorizes the seizing of certain boats by order
of two Justices. A boat was seized and the Justices con-
victed the owner under the Statute. He brought his
action, and the Court of Common Pleas held that in a
matter where Justices have jurisdiction the conviction made
by them is conclusive evidence of the facts stated in it, and
therefore the owner could not be allowed to introduce
evidence to show that the boat seized was not of the de-
scription intended by the Statute. Pursuing the principle
that if any thing is directed to he done, it shall be taken
to have been done correctly, the third clause of this
Bill declares that acts done by the Commissioners (so sup-
posed to have been duly appointed) shall be evidence
that the notices directed to be given before doing the saute
were duly given. By the operation of this clause, any
party for whose protection farmer Enclosure Acts directed
notices to be given, so that he might be made aware of
what was intended to be done with regard to his property,
may have that property taken from him, and other, per-
haps, insufficient or not equally valuable property assigned
him in its stead, without knowing any thing of the
matter, and then when he comes into Court to vindicate
his violated rights, he is to be told that, though in fact he
Lad no notice, yet as the Act required a notice to be
givec, it must be presumed the notice was duly given,
and the honest fact roust not be set up in opposition to
the mendacious presumption ; in other words, he may be
robbed on a presumption. Again, in the same spirit, the
fourth clause enacts that where former Acts have required
awards to be enrolled, but such awards have not been en-
rolled in due time, or have not been enrolled at all, such
awards are nevertheless to be valid. We cannot at pre-
sent afford further space for a statement of the gross de-
fects of this Bill, nor indeed does a more det riled exami-
nation cf it seem necessary. The clauses we have alleady
noticed go to establish assumptions by which any man
may, through the acts of persons without a tittle of autho-
rity, be stripped of his property. If Commissioners have
been appointed to do a certain act, an award made by
any body else, must be taken to have been made by them,and is to be evidence that they have been duly appointed
--that the notices before giving which they had no autho-
rity to act, even if they were duly appointed, hare been
i
properly given ; and, finally, these two most important
rd
considerations being assumed in their favour, their awa
is to be valid though it has not been enrolled, and con-
sequ
to ently has not
ern beendno:cool
Court
uuteirhintj
ietsccoakt
fenidnt
d,tneotoie
unthattuhrptuojmnu instrument,
alwayscniaill
has
it oh
brought
rieeo nus rguobhl
investiga-
tionencetne butwph cowhploi which
it within their jurisdiction. We do trust that this Bill,
to which we have n. thus called the attention of Ho Al
tic:s, will be rejected ; and if there are titles il' ecl'e
f- Lt. -
merely through informality, that they may be made good
without the adoption of enactments that violate all the
principles of common sense and justice,: