The Sun.
London, England, 1825-11-11 00:00:00

SARDINIAN ATTACK ON TRIPOLI.

STATE PAPER.

FOR THE SUN

MR. EDITOR—It is imposible to, read the
'STATE PAPER, written by the Secretary of State
forthe Foreign Department without being struck
with the importance of the composition, to say
nothing of\the correctness and elegance of the
language in which it is conveyed.. Mr. CAN-
NING on this, as well as on many other occasions
has proved himself an accomplished Statesman,
and the country may congratulate itself on pos-
sessing such an enlightened individual, as one of
the Directors of the National Counsels. It may
fairly be inferred, that though Mr. CANNING, Of
course, submitted the document in question to
bis colleagues, yet that the composition, was the
entire result of his own clear and comprehensive

'mind. Never was an answer more complete in
all its bearings, ever given to any State Paper
from any country 'to another since the origin of
civilized Society in Europe. Other Governments
•may boast of their deep artifice and subtile
policy, but it does not appear, as far as we may
'presume to decide by their conduct, that they
can boast of any Statesman who in all the qua-
lities of a shrewd, elevated, erudite, and digni-
fied mind, is cdpable of taking so perspicuous, so
just, so expanded, a view of the state of affairs, and
the relative interests of nations, as characterizes
'the important Document alluded to. M. ZEA is an-
swered satisfactorily in all points. The conduct
of the British Government is vindicated with
truth, spirit, and dignity. The friendly over-
tures of this country to interpose between Spain
and her revolted Colonies, renewed upon every
occasion that seemed open for pacific interpo-
cition, and likely to promote an amicable result,
was rejected by the Spanish Government till the
independence of the Colonies was established de
facto beyond the possibility of their ever again
being reduced to submissidn under the Mother
Country. History will record the forbearance of
'Great Britain to interfere in the dispute, except
to promote a termination of the contest in a man-
ner satisfactory and honourable to Spain, and the
Colonies that had thrown off their allegiance and
assumed a national character, which in the end
must place them on an equality with any State on
this' side of the Atlantic. Happy Britain, to
have such a man presiding over its foreign rela-
tions, and lucky, indeed, in having rescued him
from the honourable exile of an Indian Goveht-
ment, howevs,r splendid, important, ostentatious,
and likely to afford princely affluence to the
venal desires and vulgar ambition of any ordinary
''Statesman. I 5,i •

Windsor, Nov. 9.

FRENCH PAPERS.

CIVIS.

( From the -lifoniteur of Tuesday, Nov. 3.)
-The official, part contains three Royal. Ordi7
nances t The Count de la Forest being un-
able, from ill-health, to' act as member of the
Commission ,for the Liquidation of the Indemnity,
-the Marquis de Hedouville is appointed in his
room. • 2d, The Viscount d'Ambray being un-
able to perform the duties of member of the same
'Commission, the Count de Noe is appointed in
his stead. 3d, The.Sieur de Frenilly is appointed
member of the same Commission, in the room of
the Sieur de Viregny,- deceased.
(From the Etoile, dated Wednesday, Nov. 9.)
PARIS, Nov. B.—Scarcely was the declaration
of the companies who offered only 76 for the
-Haytian loan known on the 'Change at London,
;when the American 6 per cents. fell to 72 ; and
since, the loan contracted for 80 is asked for at
2f per cent. premium.
The news which we find to-day in the Quoti-
dienne, of the formation of two new regiments for
-the service of the colonies, is entirely false. A
-new regiment of the line (the 51st) has just em-
',harked for the Antilles, amidst cries of " rive
Rol."

The fall which the public funds have expe-
rienced at Amsterdam, is attributed to a project
for a loan of fifty millions of florins, which the
Government of the Netherlands is supposed- to
'intend to contract for the service of the colonies.
.The speech on the opening of the session seems, in
fact, to indicate some measure of this kind.
(From the Journal dc Paris.)

PARIS, Nov. 7.—We learn from Corunna, says
,the Feuille de Havre, that a dreadful hurricane
has done great damage on the coasts of Galliciif:
A vessel, on board of which the French Consul
at Corunna had embarked, has totally perished

According to our correspondence fir'orn-Ger.
many to-day, the last letters from Constantinople
say, that M. Minziacky, the Russian ,Cluirge
d'Affaires, has had great trouble to cOnrit'
agitation of the Reis Effendi am 4 the'Wembers,of
the Divan, when they learnt,, by dispatches from
the Hospodar at Jassy, that the Eruperor. Alex-
andefr was going to visit • all the coasts of the
Black Sea, and afterwards to review the Russian
army of the South, as well as the division in Bes-
sarabia,-under General Sabanielf.

FRENCH FUNDS.--PARIS,: NOV. • 8.---Five per Cents.
99f. 60c.—Three per Cents. 701. 90c.—Bank Stock, 2,150.—
Neapolitan Rents 85f. 85c.L-Spaiiish ditti);'l3lf.-LExchange
on London, one month, 25f. 5c.; three motitht,.. 241.. 85c.—
(Cours Autlientique.) : .

The Hague Gazette contains an appeal to the
inhabitants of the Northern provinces of theking-
dorn of the. Netherlands, to form a fund f9r the
support of the Greeks in tl►eir struggle for their
independence.

A letter from Genoa) dated the 31st. ult., gives
the following translation of an official report of
the attack on Tripoli, -published by the Ad-
miralty at Genoa:—
The Royal naval division commanded by Chevalier Sivori,
composed of the frigates the. Commerce, Christina, the corvette
Triton, (the last was already cruising off Tripoli) and the brig
Nereid, after having been detained some days by bad weather
at Tunis, appeared before Tripoli on the2sth of September last.
Chevalier Sivori sent into the port immediately the corvette
Triton, with a flag of truce, bearing dispatches for the British
Consul, informing him that the Commander of the division
wished to go on shore to speak with the Bashaw Bey, if the
Consul of his Britannic Majesty should think it convenient ;
who having sent a most obliging answer, stating that he could
come on shore, accompanied by two or iree of his officers, as
the Bashaw was disposed to treat, anti could rely that himself
and his officers would be under the guarantee of the British Go-
vernment, on the morning of the 26th, Chevalier Sivori landed
and was accompanied by Chevalier Warrington to the British
Consular-house, where his Highness sent his General, Haggi
Mohammed, with authority to treat. During the discussion of
the differences, this envoy manifested a great disposition to re.
concile matters : and in taking leave of the Commander of the
division he assured him that every thing would be settled in
the next sitting; but the following day, to his great surprise,
Chevalier Sivori saw himself presented with a note (in the pre-
sence of the British Consul) which was sent by the Bashaw
Bey, containing sundry exaggerated and inadmissible proposals,
because they tended to destroy entirely the treaty of peace and
amity concluded by Lord Exmouth ; and finding by the con-
tents of this note_that all means of an accommodation had be,
come impossible, the Commander of the division was with re-
luctance obliged to declare the conferences broken off, and after
having begged the British Consul to take under his protection
his Majesty's subjects, and having notified that if within four
hours he did not receive more reasonable proposals he should
commence hostilities, he retired on board.
Having waited in vain for an answer, even beyond the
given time, the Commander determined to attempt an attack
on the port and town. The whole day was spent in making
preparations to carry the same into effect, by arming at the
same time the boats and launches of the division, which were
. to act as concerted in this attack with the frigates ; but as the
sea grew rough, it did not allow the large vessels to get within
cannon-shot of the city, without exposing them to get stranded.
The Commander being unwilling to abandon his main ob-
ject, which was that of setting fire to the flotilla of the
Bashaw, composed of a 12-gun brig and two schooners,
mounting six guns each, and to attack the pretended arsenal
or dock of the Bashaw, lie reinforced the crews of the boats, arid
gave the command of them to Chevalier Mamelli, Lieutenant,
to whom he gave such instructions as could best insure the
good result of the expedition, and avoid the disasters of h defeat.
The boats set off amidst the cries, a thousand dines re-
peated, of " Live the King," leaving the officers and crews
who had not been able to be of the party penetrated with
sorrow for not participating in their dangers, as all seemed
disposed on the part of the enemy to make a vigorous de-
fence of the port, as the continued firing of cannon from the
batteries and of musketry, which lasted until eleven o'clock
P. at., sufficiently indicated ; but such ostentation, made,
without doubt, with the intention to frighten, produced a
contrary effect, and only tended the more to animate the crews.
At one o'clock after midnight the boats having rallied, they
advaaced in silence towards the port, escorted by the Nereid
brig, in three divisions of three boats each. The first was des-
tined to attack the brig, the second set fire to the two schooners,
and the third had orders to proceed towards the dock-yard, and
the sea-gate of the customs, to prevent enemies' boats and
troops from coming out to assist their party. At half-past two
o'clock a. m. the expedition was already under the point at the
entrance of the port, when a sentry discovered them by the
moonlight, and cried out, " To arms !" which was the signal
of a general firing from all the forts, and of musketry from the
vessels in the port, and of the troops and Bedouins encamped
on the beach close to the walls ; but, instead of being checked
by it, Chezalier Mamelli made the crews row the quicker,
and, in spite of the grape shot, after five or six minutes, he
was able, daringly, . to attack the brig, followed by the re..
mainderaff his division. A discharge of the fire-arms from
his boat-within pistol-shot, and the rapidity with which she
wasi3oardea,'tenderecl-him master of that vessel, after having
killed the captain, the officers, and a part ofthe crew, the re-
mainder having jumped into the sea; after which he set her
ad fire with the coMbustible materials he had taken with him
for the purpose.
The other boats, with no less bravery, went each to the post
assigned to them, and' had the same good success. At half-
.past three o'clock a. m. the brig and the two schooners were
in flames. The third division destined against the Dock-yard
and the Custom-house-gates, intrepidly sustained the vigorous
fire from the forts, and from the troops in the ports which they
had gone to attack, put a great number of them hors de combat,
and dispersed the remainder ; and if the sailors of this division
had not been_ thwarted after they had landed, by unforeseen
local obstacles, which secured the Dock-yard from a coup de
main, the Bashaw world have had to lament much greater losses.

After the the order of the Commander of the ivision had
been so gloriously fulfilled by Chevalier I%lamelli, he made the
signal to rally and to return on board according to orders.—
This manceuvre, executed in the midst of the cross fire from
the enemy, was a most dangerous one, but, was performed with
the greatest sang frog and intrepidity, and crowned by the
same success as had been the enterprise itself, which has only
left us to deplore the loss of the gallant boatswain Capurro,
who, in boarding for the first the brig, received a mortal shot,
and had only time to speak theie few words—" I have done my
duty; it remains to you to do the rest," and he expired.
Not being able to dispense a just tribute of encomium to each
of those who distinguished themselves, as it would be necessary
to name all those who composed the crews, we shall limit our-
selves to say only, that Chevalier lliamelli, who commanded
the expedition,: the officers commanding the divisions, and
those of the boats, the gunners, sailors, and soldiers, behaved
with equal bravery and valour, and it may be said they sur-
passed themselves.
At half-past 5 o'clock, a. m. the boats had safely reached
their ships; and Chevalier Sivori made dispositions to give a
new attack with more efficacious means against the city, and
which could not be foreseen by the enemy ; but whilst these
preparations were proceeding, a Dutch brig of war which was
in the port was seen to appear, and seemed by her manoeuvres
to want to speak with the Commander of the division ; and,
in fact, having saluted him with 11 guns (which was returned
to him) the Captain came on board, and said he was come to
present his congratulatory compliments, not less than those of
the British Consul's, on the brilliant enterprises which took
place on the preceding night. Chevalier Sivori, suspecting the
true motive of the Dutch brig's visit, limited himself to thank-
ing the Captain for his attention, not less than for that of Che-
valier Warrington, and begged the said Captain to tell him,
that meditating, as he was, a more decisive assault againt the
city, it would not be long before he should see him again—that
it was his intention to treat no more but on board his own ship.
The brig made sail, and the division weighed to draw nearer
The morning after the Dutch brig got under weigh again,
and the captain came on board the commerce with Chevalier
Warrington, authorized by the Bashaw Bey to conclude an

amicable settlement on such terms as the Sardinian Govern-
ment could desire, which took place with a clause, however,
on the part of the Commander of the division, that if within
four hours it was not ratified by the Bashaw Bey, it would be
considered as null, and hostilities would recommence, praying
the British Consul, in such case, to have the goodness to retire
out of the city with the other Consuls, not to be exposed dur-
ing the attack he intended to carry into effect.
The Bashaw having ratified before the prescribed term the
adjustment drawn up, which excluded all ill-founded preten-
sions set forth by the Regency, and which maintained, in all
its integrity, the treaty made through the means of his Excel-
lency Lord Exmouth, his Majesty's flag was hoisted on the
Sardinian Consulate-house, and saluted with 29 guns from the
Castle, and by 21 guns by the division. Chevalier Sivori was
afterwards invited to make his visit to his Highness the Bashaw,
accompanied by his staff; and by those of the other ships of
the division. This visit took place on the next day with the
greatest solemnity ; and the Bashaw, out of excess of kindness,
would give a gratuity to the crews of the boats. This circum-
stance makes one hope there will not remain any rancour on
account of the events which have taken place ; moreover, that
Chevalier Sivori having been obliged to act in a hostile manner,
with an energetic decision, and as an experienced military sea-
man, has preserved, as far as was possible, the regards which
the personal qualities of the Bashaw required ; and his High-
ness did clearly manifest the esteem he has for our august Sove-
reign, and his desire of being on good terms with him.
Chevalier Sivori, bestows the highest praises on Chevalier
Warrington, the British Consul-General, who, particularly after
the expedition, has taken the greatest interest for the adjust-
ment which was concluded, as likewise for the happy result of
the naval and military action which decided it.
We believe (as the Gazette states) we shall gratify our read-
ers by noticing a trait, which demonstrates the profound sensa-
tion which,the intrepidity of our sailors has produced amongst
those that were witnesses. When the corpse of the boatswain
CaSsurio was landed to be buried, Chevalier Warrington, British
Consul, is said to have taken him by the hand, saying, "There
was a brave champion, and if thy Sovereign cannot any longer
recompense thee, he will not certainly forget thy family." The
Bashaw, who is no stranger to generous sentiments, would have
the burial ceremony of this brave sub-officer made in a splendid
manner at his own expence, at which theForeigneonsuls attended.

LAW INTELLIGENCE.

COURT OF CHANCERY—(Tuts DAY.)
BOWES V. LORD STRATHMORE.

The LORD CHANCELLOR was this day occupied
nearly three hours in giving judgment in this
cause, which has undergone so-much litigation.—
His Lordship was pleased to confirm the former
order, by which the money is ordered to be re-
stored.
VICE-CHANCELLOR'S COURT, Nov. 10.
Mr. HEALD applied to have one of the causes which were
Struck out of the paper on Tuesday last for want of attendance
no %%restored. The Counsel stated the ground of his applica-
tion to be, that this cause stood tenth in the list, and that if the
others had been regularly disposed of, the Solicitor would have
been in attendance.

The VICE-CIIANCELLOR said, that although this repre-
sentation induced him to accede to Air. Heald's request, he
did so with great reluctance, lest it should be used as a prece-
dent to excuse the shameful negligence which was too often
practised by the Solicitors of that Court. He would permit
this cause to be restored; but he did it, intimating at the same
time his positive determination in no future instance to swerve
from the rule he had laid down.

LANCASTER v. ATKINSON.

Mr. HEALD and Mr. FitiLLIDIORE stated the case for the
plaintiff in this cause, which now came on to be heard. It ap-
peared that a Mr. Atkinson, of Whitehaven, died, leaving two
daughters, one of whom
,(with her husband) was the plaintif,
and the other the defendant in the suit. Some years before his
death he told his two daughters, that he intended to divide his
property equally between them, and that it consisted of a quan-
tity of gold, which would be. found in a desk and escritoire,
which he pointed out, At the same time he gave to the elder
daughter, in. the presence of the younger (the defendant), the
keys of those places, and told them that his will was deposited
there also. The sisters proceeded to examine, and round in
the several places pointed out by their father a sum of 717
guineas and a 7s. piece. This money was then put into a secret
drawer, and the elder daughter remained in possession of the
keys. About a year and a half before the death of the tes-
tator the defendant expressed a wish to see that the gold.
'was safe, and her sister went up stairs with her for this pur-
pose. The drawer was opened, and the money counted ; after
which the defendant requested to see some gold rings, and
when the plaintiff turned aside to show them to her, the de-
fendant seized the keys and locked the scritoire, saying, at the
same time, " You have had these keys quite long enough—it is
my turn now, and I shall keep them for the future." The
plaintiff complained to her father, who desired the defendant
to restore the keys ; but she refused then and ever since, until
her father's death. During all this time the defendant never
parted with the keys, having them fastened round her waist by
a riband when she was asleep. After the death of the testator,
Mr. Lancaster, an attorney, who had married the elder sister,
asked the defendant to join in proving the will, and afterwards
to meet for the purpose of dividing the property. She at first
refused, but consented to do so on the following day ; when, in
the presence of both the plaintiff's, the escritoire was opened,
and to their surprise no money whatever was found. The de-
fendant exclaimed that she was robbed, and accused the plain-
tif of having taken the money, which the latter not only
denied, but had brought this suit to compel her sister to pay
,over the half of that sum, which was deposited in the desk
when the defendant assumed the custody of it.
The depositions on behalf of the plaintiffs were then read,
and were to the effect above stated.

Mr. HORNE and Mr. FISHE n, for the defendant, read from
her answer a complete denial of the imputations attempted to be
cast upon her by the bill. She admitted that she had obtained
possession of the keys in, the mannor stated, but denied that she
had ever opened the escritoire excepting in the presence of the
plaintiffs, or that she had in any way possesses herself of the
money"lodged there. She moreover asserted her suspicions
that the plaintiff had been in, possession of another key, and
that she had by that means obtained the money. The evidence
for the defendant stated that the plaintiff'had been possessed of
a sum of 2001. lodged in a country bank, which she said she had
saved by being her father's housekeeper. A mass of evidence
merely circumstantial, and all tending to throw upon the plain-
tiff that accusation which she had brought against the defendant,
was read.

The VICE CHANCELLOR asked if it was intended to charge
the defendant with having taken the money in the lifetime of
the father; because, if so, it would be a capital felony.

Mr. HEALD said, that it was charged to be after the testator's
death.
_ _

The VICE-CitArrcrt.Lon said, this case could not be de-
cided here, as well from its nature as from the conflicting evi-
dence. It must be tried in a court of law. The case was at
all events one of considerable suspicion ; and he should there-
fore direct an issue to try whether the defendant possessed her-
self of any money, the property of the testator, contained in
his escritoire; that the plaintiff and defendant should both he
examined as witnesses on the trial, and that the Judges should
be directed to endorse any special matter on the postea.

COURT OF KING'S BENCH, Nov. 10.
KING AND QUEEN OF THE SANDWICH ISLANDS.
HILL V. STARIt.

This was an action by the owners of the vessel in which the
King and Queen of the Sandwich Islands, with their suite, were
conveyed to England, against the captain, for filling up the
vessel with those royal personages, instead of devoting the whole
to the carriage of oil, and consequently neglecting to take divers
whales on the homeward voyage. At the trial before the Lord
Chief .Justice, at Guildhall, a verdict was found for the plain-
tiffs—damages, 2001., the value of 5 tons of oil.

The AT'T'ORNEY-GENEit ter. now moved for a rule to show
cause why the verdict should not be set aside and a new trial
had. It stood quite uncontradicted, that the Captain was a
man of excellent character, an able, enterprising, and skilful
seaman, who exerted himself to the utmost for the benefit
of his owners, from whom he had received no remunera-
tion for his last voyage. On that voyage he had given nu-
merous proofs of his courage and skill ; and had succeeded
in taking many whales, several of which were killed by his
own hand. There was no pretence that he was actuated by
any improper or selfish motive in receiving on board the King
and Queen of the Sandwich Islands ; nor had he, in so doing,
acted at all to the prejudice of the owners. It was true that
the space devoted to the comfort of those individuals might
have been filled with oil, and that some whales were seen after
they came on boord ; but they brought with them wine, spirits,
and fresh meat, in large quantities, which were necessary to the
sustenance of the crew ; and, as to the delay, it would have
been absolutely necessary to stop at some port for a supply of
water. But this was not all. The King and Queen did not
come to this country empty handed ; they brought with them a
sum of 2,0001. in dollars, which was lodged in a banking-house
to their credit; and he had now an affidavit of a person who
had been directed by Government to attend on them, and show
them such things as might be worthy their attention, that an
application was made on behalf of the owners to Pokee, the di-
rector of their household for remuneration, for this very voyage.
Now, if this was correct, it was quite clear that the owners
could not sustain this action; for they could not adopt the acts
of the captain for their own benefit, and yet sue him for those
acts as breaches of duty. Indeed the captain, who had an in-
terest in the quantity of oil realized, as he had a right to a 12th
of its net proceeds, had acted with unwearied zeal for his em-
ployers, and this action was his reward.
Mr. Justice BAYLEY asked if there was any reason to sup-
pose that the captain took for himself any remuneration from
the King ? .
The AT;rditNEY-GENERAL replied none whatever. The
Couaw granted a rule to show cause.

COVENT-GARDEN MARKET.
PRINCE AND ANOTHER •. LEWIS.

This was an action by the lessees of Covent-garden market
against Mr. Lewis, a potato-salesman, in James-street, for
selling goods from his waggon at his door, and thus evading the
tolls. At the trial, it appeared that a portion of the market was
occupied by china-shops and stalls, not devoted to its legitimate
purposes; upon which the Lord Chief Justice directed :Ilion-
suit, on the ground that the grantees of a market must show
that its whole space was devoted to the public accommodation
before they could complain of any one for selling out of its
boundaries.

• Mr. GURNEY now moved to set aside the nonsuit, on the
ground that there was space enough left for the defendant had
he chosen to send his waggon, and, that he had made no demand
of any spot appropriated to other purposes.—The Courtgranted
a rule to show cause.

HOWELL V. YOUNG.

This was an action on the case tried at the last Gloucester
Assizes, before Mr. Justice Burrough, against an attorney,
for lending the money of the plaintiff on security which proved
inadequate. Most of the counts charged the attorney with
negligence only, but in one count he was charged with fraud.
The transaction took place more than six years before the corn-
mencement of the action ; and, besides the general issue, the
statute of limitations was pleaded. At the trial, the Learned
Judge expressed a decided opinion that the charge of mere
negligence was barred by the statute; but as it might be
questioned whether the same principle applied to a case of
fraud, he left the question of fraud to the jury, with a strong
expression of opinion that there was not the slightest pretence
for the charge. Under this direction the Jury found for the
defendant.

111 r. Cultwoon now moved for a new trial, on the ground
that where fraud was imputed the statute did not apply, and

that the Learned Judge left the question of fraud to the Jury,
with an absolute expression of his opinion, and seemed asto-
nished at their hesitating as to their verdict.—The COURT
granted a rule to shew cause.

COURT OF CO3IIIION PLEAS, Nov: 10.
The Court sat in Banco till half-past 12, but no case of any
interest occurred.
Soon after the sitting of the Court, a prisoner, who had been
confined for debt in tiFleet, was brought up on his petition,
and discharged undefthe Insolvent Act.
At one o'clock the LORD CHIEF JUSTICE held sittings at
Nisi Prius at the Guildhall, London.
There were several cases tried, most of them undefended, and
none of them of any interest.