The Sun.
London, England, 1836-01-28 00:00:00

WAR IN TEXAS.

FROM TEXAS.—The report of the capture of. San Antonio
de Bexar, received yesterday by letters from New Orleans, is
in part confirmed by the papers from that city. It is stated
that on the 29th of November a sortie was made by 350 Mexi-
cans, but that they were repulsed with a loss of 50 or 60 killed
while on the part of the beseigers the loss was only one killed
and three wounded.

The schooner Julius Cies or, arrived at New Orleans on the
20th of December from Brazoria, having sailed on the 15th,
brought information that early on the morning of the Ath, the
Texans assaulted the town of San Antonia, and after a hard
struggle, which is said to have lasted 36 hours (doubtful),
succeeded in gaining possession of some store-houses, in which
they sheltered themselves, and from which they silenced three
of the enemy's most effective guns.
The express that brought the intelligence to Brazoria had
left about four p.m. on the 6th, and at that pericd the fight
continued to thicken on all sides. The Texans had then two
killed and twelve wounded, and although the loss of the enemy
could not be ascertained—as they carried off as many of the
dead as they could—the destruction was considered great, as
not less than seventeen corpses wore counted around one of the
guns that had been silenced. _ _ _

It was subsequently reported in New Orleans that General
Cos had been compelled to evacuate the town, and take refuge
in the fort or citadel.

The Mobile Register of the 24th of December, quoting
from the Natchez Courier, says that a message from Santa
Anna to General Cos had been intercepted, in which informa-
tion is given that Santa Anna would march in a few months to
the relief of Cos, with from 5 to 10,000 men, if the latter could
hold out in San Antonio.
IMPORTANT PROM MEXICO.—No doubt now exists but that
Mexico has closed her ports to the United States. It is stated
that she will also declare war, both against Texas and the
United States. The particulars of this new state of affairs are
expected every day. Santa Anna intends to -arouse all the
Mexican population against the United States.

We have accounts from Teheran to the Ist of De-
cember. Sir JOHN CAMPBELL, the British Envoy
at the Court of Persia, was then preparing to return
to England. Sir JOHN was much offended with the
SCIIAII for appointing as Vizier an individual noto-
riously incompetent to discharge the functions of a
Minister, and who, moreover, was the mere tool of
Russia. MEHEMET ALI has promised to redress all
wrongs complained of by British merchants and British
residents in Syria, and every other part of his domi-
nions. So much for adopting language worthy of the
British people. Had Lord PoNsoNsy intreated in-
stead of employing a menace, the PACHA would have
laughed us to scorn. We wish our Ministers at home
would take a lesson from this instance of the benefit
derived from a straightforward system of foreign policy.

We have received advices from Madrid to the 19th
inst. On the 17th, the convents were shut up, and
the Monks sent off, by order, and at the charge of
the Government, to their respective homes, or rather
birthplaces. This measure was to be followed up by
closing the convents in every part of the kingdom
subject to the authority of the QUEEN-REGENT. The
Royal Ordinance to that effect was spoken of on the
18th, as likely to appear in the next day's Gazette.
The Chambers, or Estamentos, as they are called,
were proceeding with the legislative business before
them. The Procuradores adopted the fifth article of
the Electoral Law, by a large majority, in a division,
in which Senors TORENO and DE LA ROSA were both
among the minority.
No certain intelligence has yet been received of the
details of the engagements between the Christinos and
the Carlists near Vittoria on the 16th and 17th inst.
CORDOVA'S despatch, written on the evening of the
16th, and addressed to the Nlinister of War, states
that only a small part of the Christinos were engaged,
and that although the Carlists fought desperately,
they were completely driven from their lines. This
General was then ignorant whether the 4-fii4sh Lsin
had been engaged the conrse pf the 44y, and only
supposed they were finm hearing shots flied at a dis-
tance. CORDOVA had 150 men :wounded in the
course of this engagement.

CHANCERY COURT.-(THIS DAY).

KAY V MARSHAL.
The further arguments in this appeal were proceeded with
and concluded.
His Lordship said he would give judgment on Monday.
The Lord Chancellor then proceeded to hear Mr. Pitt argue
his own case.

The Master of the Rolls and the Vice-Chancellor were oc-
cupied the whole of the morning with hearing motions of no
public interest.

EXCHEQUER COURT-(THIS DAY).

BUTTER V. BUCHTON AND ANOTHER, ASSIGNEES.

This was an action of trover for the recovery of a large
quantity of farm produce and stock, which was tried before
Lord Abinger at the late Assizes for Liverpool, when a ver-
dict was found for the plaintiff: Last Term Mr. Blackburn
obtained a rule for a new trial, cause against which was shown
this morning.
His LORDSIIIP read over his notes of the evidence, from
which it appeared that the plaintiff was security for the rent of
n farmer named Mason, to whom in the month of May, 1834,
he made an assignment of all his property. On the 19th of
May an officer took an inventory under the assignment, but be
was turned out by a messenger under a fiat of bankruptcy to
which the defendants were assignees. The plaintiff showed
that it was a well known fact in the neighbourhood that the
plaintiff had the assignment of Mason's property, and that
there was no act of bankruptcy committed till after the entry
upon the assignment.
Mr. CRESSWELL hoped for the sake of the administration of
justice the Court would discharge a rule which had been ob-
tained upon the ground of surprise, and that the defen-
dants were now willing to purchase certain witnesses at
a higher price than they would give them before the
Jury had found a verdict against them. He could gather
from the affidavits of the other side no other grounds for a new
trial, than that they were much surprised at the Jury finding
against them, and that certain creditors who would have been
important to their case required too great a_price for a release ;
but they were willing to purchase them. That ought to have
been done before. All the facts they could speak to were well
known. He would ask whether it was possible for the Court
to grant a new trial to any party who has had a verdict against
him, when he came down and said, " Oh ! I was surprised
that the Jury did not believe such a witness; had we known
that, we would have called three or four more to have corro-
borated him." After stating some of the circumstances which
came out at the trial, the Learned Gentleman (the Court be-
ing evidently with him) said he would not take up more of
their Lordships' time. It would be a waste of it.
Mr. ALEXANDER and Mr. MARTIN were on the same side,
but they merely said they considered it unnecessary to trouble
the Court.

Mr. BLACKBURN said he would so far follow the example of
his Learned Friends, as to take up a very short while of their
Lordships' time. Ile would throw aside all the topics
brought into the case by Mr. Cresswell, and simply state the
single ground upon which he moved for, and intended to sup-
port, the rule for a new trial in this case, upon the payment
of costs. It was the fact of the Jury, after having found for
the plaintiff, in answer to a question put by his Lordship, say-
ing they were of opinion that goods had been moved and sent
to Various parties, in order to avoid a distress for rent ; he was
prepared with affidavits which clearly proved that that could
not have been the case, for there was no intention on the part
of the landlord to put in any till he heard of the bankruptcy.
They proved at the trial that Mason had moved large quan-
tities of goods, both farm produce and furniture, before the
plaintiff made his seizure, and from the fact that they were
sent to creditors, in every instance it was clear that they were
fraudulent preferences, and therefore acts of bankruptcy.
The Court said Mason was aware that the plaintiff was going
to seize, and might have intended to cheat him. That would
not, however, be an act of bankruptcy.
Mr. WIGHTMAN and another gentleman behind the bar fol-
lowed on the same side.

Lord ABINGER was clearly of opinion that the rule must be
discharged, and had he remembered the circumstances as well
as now when the trial was moved for, he would have been
against its being granted. Assignees of bankrupts were the
last persons to whom rules ought to be granted on the
'ground of surprise, because they had the means of examining
all the parties connected with a transaction, before they came
into Court. In this case, however, as disclosed by their own
affidavits, the only surprise they complained of was at the ver-
dict being against them. They now suggested no facts with
which they were not well acquainted before the trial, and
therefore, in his opinion, the rule ought to be discharged.
The other Barons were of the same opinion, and would add
nothing to what had fallen from the Lord Chief Baron.

THE FUNDS=(THIS DAY).

CITY, TWELVE O'CLOCK.

Canton Papers to the 19th August, and Singapore to the
Pith September, have been received at the North and South
American Coffee-house.

( From the Canton Papers.)
In the Price Current of the. 21st of last October, there is
a notice by the Company's agents, dated the 18th October,
and fixing the rate of exchange in advance on homeward
cargoes at 4s. 7d. per dollar ; and in the Price Current of
the 28th October is the following notice :—" Having been
instructed by the Hon. Court of Directors to notify their
intention to'make advances of cash on certain terms and con-
ditions on cargoes shipped from hence to England, and cer-
tain parties in Canton having expressed their desire to avail
themselves of such advances, we hereby give notice that let-
ters specifying the amount required will be duly registered
and attended to, and timely information given as to the pe-
riod when cash will be ready to be advanced and the terms
on such advances shall be made.

(Signed)

«J. DANIEL.
~ T. C. SMITH."

CANTON PROVINCIAL CITV.--The Governor and Poqueen
have together issued an edict, forbidding the building of houses
and shops on the banks of the river. The several fires that
have occurred of late years in Canton are enumerated, begin-
ning with one in the 24th year of Heaking, 1819.
(From the Singapore Paper of Sept. 5. )
COMMERCICL REMARKS.—Opium; not much inquired after,
and prices tending to decline. The only sale of importance
which we have this week to report, is 17 chests of Benares, at
575 per chest. European Imports; several sales have been
made this week, chiefly for ready cash, of 100 pieces 36 in 38
yards middling long cloths, at sd. per piece ; 100 36 inches
fine, at 51d. per piece; 200 pieces 38 inches ; 200 35 to 39
inches ; 200 31 to 34 inches; 300 German Turkey red prints.
Markets continue steady, and considerable sales of piece goods
making in small lots to the shopkeepers. Exchange on Lon-
don 4s. 4d. to 4s. sd.

New Brunswick Papers, to the 24th December, have also
been received at the North and South American Coffee-house,
and Halifax Papers to the 28th December.
LOWER CANADA.--" Affairs in Lower Canada are every day
assuming a more unpleasant aspect. We much fear, should
his Majesty's Government sanction the course now pursuing
by Lord Gosford, consequences will follow which every friend
to the country will have to deplore."—Halifax Journal.
( From the New Brunswick Papers of December 23.)
" The weather continues intensely cold." These last papers
are unimportant.
Consols opened this morning at 91k- for the Account, and 91
for Money, with little doing as yet. Exchequer Bills, 20 22
India Bonds, 46; Bank Stock, 2141 215; India Stock, 953,
In the Foreign Market, Spanish Active, 484- j ; Portuguese,
831 ;,t ; Three per Cents., 531-; Columbian, 33i: Mexican,
371 38 ; Dutch 21 per Cents., 54i
HALF-PAST ONE.
The Journal du Commerce states that in the afternoon the
town-was thrown into great confusion by the entrance of a
Roman Catholic priest, in open day light, into a house of ill
fame ; unfortunately he was perceived entering, when soon
after a great mob assembled round the house ; the hooting
and hissing of the people was tremendous ; at length the po-
lice was obliged to call a coach for his escape, by which means
he avoided the rage of the populace. It is said he was going
to confess the young ladies in that infamous abode.
Both the British and Foreign Markets still continue inac-
tive and heavy.

Consols have been during the morning at 91 for Money,
and 9lk for the Account. Exchequer Bills, 20 22 ; India
Bonds, 4 6 ; Bank Stock, 2141 2151 ; India Stock,
254 255.

In the Foreign Market the speculators are anxiously wait-
ing the express from Madrid, with the plan of M. Mendiaa-
bal's new system of finance, which is hourly expected. In
the interim little business doing. Spanish Active Bonds,
48. ; Portuguese, 83/ ; Three per Cents., 53-1- ; Colum-
bian, 334 ; Mexican, 373- 38 ; Dutch Two-and-a-Half per
Cents., 541 i-; Five per Cents., 102 i 103:

TWO O'CLOCK.
Very large purchases have been made in Consols during the
morning, both by the Commissioners for the West India
Claims and private individuals ; the former to the amount of
2.50,000/., and the latter to the amount of near 200,0001.
Still it has had no effect on the market. We have a report
that the Courier arrived from Madrid at Paris, says there was
severe fighting on the 19th.
THREE O'CLOCK.
Consols for the Account, 9*.

A passenger in a Greenwich Railway carriage, on
Monday last, says that in one of the experimental trips, the
train of six carriages was conveyed at the rate of a mile per
minute, or 60 miles per hour ! He adds, that the sensation
experienced was that of flying, rather than that which is felt
in the most rapid of the ordinary modes of travelling. There
were two numerous parties of ladies in the carriages, who
seemed highly delighted.
On Saturday, at the Brentford. Petty Sessions,
George Webb, whose appearance was that of a decent
farming man, about 60 years of age, very stout and thick-
set, was charged with having committed an outrage
on Mary Ann Hall, a child nine years of age, the
daughter of an industrious couple at Twickenham. Lord
Montford said, that during the 40 years he had attended
as a Magistrate, he bad never witnessed such a scene of
infamy and perjury as he had that day. He regretted a
link was wanting in the chain of evidence to justify oom-
miffing the prisoner for the capital offePPA but he should
require him to fitici
1-iiipa4eitt in the sum of 1001., and
Ov9, VCPP* ,50:4 e4cli, to answer any indictment the
parish cancers might prefer against him at the next sessifelns ;
and he trusted they would exert therriselie* 'O, complete
the evidence. Mr. Simmonsci Baia '44. Parish officers would
exert themselves to the lathiest. The prisoner was 5_ en4eo
ylerkenwel; prismi' in Beta alt of

GERMAN AND BRUSSELS PAPERS•

BERLIN, JAN. 14.--The Post Office has not yet published
the list of the prices of the newspapers and periodicals for
which it takes orders, and which list generally appears at the
beginning of the year. A law is doubtless expected, by which
the circulation of many (especially foreign) journals will be
stopped, or considerably limited. Those public offices which
receive French and English journals for official purposes have
already been strictly forbidden to lend them to private persons.
In particular, it is likely that the reading of such journals,
especially the French, will be prohibited, or greatly restricted,
in places of public resort, such as the confectioners' shop,l
coffee-houses, &c., where they arc at present to be seen iri
great numbers. Such restrictions have always existed it
Austria. Here in Berlin there is scarcely any considerable
confectioner's shop where the National is not lying on the
table, which, notwithstanding its present subdued tone, bas
still a great many readers.

ATIiENS, DEC: 19.—1 t is said that his Majesty the King of
Bavaria will prolong his stay in Greece, to be present at the
fete in commemoration of the landing of King Otho at Napoli..
It is a matter of unusual regret that the Chancellor, Count
Armansperg, has been for some time past constantly ill.
Nevertheless, his activity is not abated. We are to have two
new journals at the commencement of the new year. The
prospectus of one has already appeared. For some time past
we have had, with short interruptions, very pleasant weather.
Mumelt, JAN. 15.—( From Bavarian Journals. )--The re-
port of the marriage of King Otho of Greece with the heiress
of the English Crown is more and more confirmed.—FrGnk-
fort Ober Postamts Zeitung, Jan. 24.
BRUSSELS, JAN. 23.—The Chamber of RP:presentatives
continue the discussion of the Articles of the Budget of the
Minister of War. " This discussion," says the Courier Beige,
" has already caused the Minister at the head of this Depart-
ment to experience more than one check. The nomination of
a Committee to examine thoroughly the contract for the
supply of bedsteads for the army, must be considered as the
most serious of these checks, and if we are well informed, the
Committee will not confine itself to a mere examination of the
papers relative to the contract, but will. also institute an in-
quiry into many facts and circumstances connected with this
dark operation.

" If a high intervention, guided by extra-national political
motives, does not now endeavour to render the Chamber
placable, we have reason to hope that M. Evain's retirement
will not be deferred till the Budget of 1836, as we at first
believed."

We hear from several quarters that a great number of
eminent manufacturers of the three provinces of Waraur,
Luxemburg, and Liege, have resolved to draw up and publish
a memorial in favour of the project of our a'..lcession to the
German system of Customs, that is, the Prussian Tariff.
BRUSSELS, JAN. 26.—The debate on the Budget of the
Minister of War is concluded. Several amendments were
proposed, most of which were rejected.
BELGIAN FUNDS.—BRUSSEL9, Jan. '25.
Actual Debt, 2,4 per Cent~
Rothschild's Loan, Five per Cent lOl
Loan of City, M, Four per Cent 99%
Society of Commerce, Four and a Half per Cent l3-2j.
Bank of Belgium, Five per Cent 113,4, —Brussels Papers,
ANTWERP, JAN. 26. A letter from Leyden, of Jan. 24, in
the Dutch Papers, says,--" On Friday night two couriers
passed through this town. The first was the bearer of
despatches for London ; the second, of despatthes for our
Court. They both came from St. Petersburri;tl.--Journal
Commerce d'Anvers, Jan. 27. du
FRANKFORT, JAN. 19.--A Clerk of the City Chancery left
this city the day before yesterday to carry to London the rati-
fication of the Convention for annulling the commercial treaty
with England, which has been in force since 1832. This
affair, therefore, which seemed to excite so much apprehensions
is to be considered as finally settled. To refute many false
reports, I briefly remark, that the negotiations were com-
menced last summer in London by foreign Ministers con-
nected with our city, and afterwards continued, and nearly
concluded, with Mr. Cartwright, the English Minister here ;
so that Senator Harmie went to London merely to conclude
the affair in the usual diplomatic form. It is expected that a
notification of our accession to the Commercial Union will be
published this week.
VIENNA, JAN. 18.--The Archduke Ferdinand of Este has
arrived from Clausenburgh. Mr. Fox, the British Minister,
had yesterday the honour of a private audience of his Majesty'
the Emperor. It is affirmed that the Ambassador, Mr. Lamb,
will return to his post here in the course of next month. HiS
Majesty the Emperor is said to have determined to spend part
of the summer at Schonbrunn.
We have letters from Greece to the 24th Dec., which are
all full of expressions of pleasure on account of the visit of
the King of Bavaria. Every one has some anecdote in his
praise to relate.
Accounts from Belgrade say that there had been some fur-
ther disturbance in Albania, which was speedily checked hi
the energy of the Vizier of Rumelia.
VIENNA, JAN. 18..—Five per Cents., 1014;, Four ditto,
99} ; 3 ditto, 75i ; Bank Shares, 1,359.-444genteine
tnng, Jan. 23.