The south-western. [volume] (Shreveport, La.) 1852-1870, 1854-11-22

\ Messrs. G. B. Duncan and George Eustis, and
i published in the n @. Delta. that the former
/ gentleman is contemplating serious trouble IN
\ his banking business IN bis letter TO his law
vers, he hints at 4 voluntary surrender OF DIS
] property to his creditors, through the usual
course of judicial proceedings, and asks to know
Tiff he can, in such event, be allowed to pay any
one or more of that class Of creditors known as
depositors, many of whom, lie says, are in very
humble walks Of life, and the non payment OF
\ whose claims would greatly distress them. HI
in case lie cannot be allowed TO exercise that
privilege, while taking the benefit Of the insol-
1. vent laws, he asks to be informed il he can be
allowed BY law to pay such creditors without
having the intention to avail himself of the
aforesaid laws. The reply of Messrs Duncan
g. Eustis to those interrogatories is to the effect
no such payments, underline circumstances ,;an
be made, that the payments themselves would
be void and an opposition to such proceedings
would be sustained. They state, moreover, that
any payment Of the character referred to, is
distinctly reprubated by law-as the law does
not recognize the right of debtor to exercise
his sympathies in behalf Of any class Of credi-
tors References are also made IN supporter
their opinions to the adjudications Of the sl-
preme court, the provisions of the civil code
and tolegislatiye enactment upon the subject.
After ALL and with due Difference to the legal
opinions Of the distinguished councillors, we are
inclined, with the Delta, to think ga safer guide
for Mr.. Bean would be that universal popular
sentiment which regards the deposits placed IN
mans hands as one of the most sacred of
trusts, and the obligation to pay them as supe-
ror to the obligation to the ordinary creditors II
Mr. Bean recognized and carried out that obliga
ton, the community would stand by him as
against his other creditors. If the claims of wild
ows orphans, and persons not engaged in trade,
are to be placed on par with the debts incurred
in the speculatons Of trade, then will his posi-
ton be one which gives him no chance TO re-
cover the good will OF indulgence of the COM
munity. It is case in which the popular mo-
rality-the morality of the heart is opposed to
the morality of the-law. assuming the opinion
of Messrs Eusts and Duncan to be correct We
have no doubt as to which is the safer course,
and which will be most generally approved, and
will secure to the unfortunate debtor more peace
of mind and better prospects of regaining his
position
PErRopo1ovsK1 ArrAcKED.-Th San Fran
cisco Times of the 4th ult, has the following
account of an unsuccessful attack Of the allied
fleet on the Russian fortress of Petropoovski.
By the arrival, last night, of the French
frigates Forte and Eurydice, and the French
brig Obligado, we have stirring news from the I
scene of the first conflict between the allied I
powers and the Russians. on the Pacific.
On the 1st and 4th Of September an attack
was made BY the combined fleet upon the fort
ress of Petropoovski. The English vessels of
war comprised the President, the Pique, land the
Virago, and the French, the Forte, Eurydice,
and the Obligado. The action was very Sc
we're one, the English vessels firing 1000 balls.
Two of the Russian batteries were DESTROYED, /
and two crippled. The loss on the side of the
latter was very heavy, but is not ascertained
OF the English and French forces, sixty -four
men fell during the assault The Russian frig-
ate Aurora, of forty -four guns, and the Diana,
of twenty one guns, were moored inside, and
protected by said banks, behind which they OPP
Grated as batteries, beyond the reach of the
French and English. s.a
One Of the English vessels suffered severely
in the fight, having lost her foremost, but the
fleet is expected to arrive in the course of a few
days, and we suppose will be recruited by the
addition of the Amphitrite and the Trincomalee,
which, with the French corvette, Artemise, is
cruising on our coast. The combined fleet of
five British and four French will then probably I
proceed to Petropolovski and complete the work.
When leaving the port, and short distance I
outside the Russian merchantmen, Sitka, was
captured by the allied force and sent to Van
couver. A Russian supply vessel was also taken
and burnt. Throughout the siege, we learn
that the Russians fought with great courage, as
the result proves. The information afforded in
regard to the details of the battle u.s. however,
meagre and unsatisfactory 1t does not appear
that the British and French have come off with
fare BETTER on u second trial. The defences Of
Petropolovski undoubtedly render its capture
quite formidable undertaking.
The Forte is a ship Of 60 guns, the Eurydce
of 80 guns, and the Obligado of 40 guns The
fleet is anchored off north beach. The Russian
ship, Sitka, was captured on the 9th September.
She carried 10guns, and crew of 81 men land
had 25 passengers. The crew and passengers
were taken on board the Forte and Eurydice,
and the ship was taken charge Of by the Presi-
dent, Pique, and steamer Virago, to be con-
veyed to Vancouver's island. The Sitka was
loaded with provisions for the Russian settle
ments, and had touched at Ayan, where she
discharged part OF her cargo, and was bound
thence to Petropolovski, when she fell in with
the fleet and surrendered at discretion, decli-
ming to engage in conflict with the odds Of
seven to one. 1t is reported by the Eurydice
that one American vessel was lying at Petropo-
lovski, probably the brig Noble.)
The death Of the English admiral, Price, oc-
Cured on the 3lst August, and was not caused
by a wound received in the siege, but as we
gather the facts, from the discharge Of pistol
which he was picking up. There is no reason
to suppose that the act was premedtated, and
the conclusion is that this unfortunate occur
renee was purely accidental. Capt Frederick,
of the Amphitrlte, succeeds in command Of the
fleet. A bearer Of dispatches from England has
arrived on the Forte, and will leave on the
steamer of the middle of the month. The
French feet have been twenty-six days from
Petropoloyski.
MYSTERIOUS REMAINS. few dave aoo ,yb;la