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Arabs, under the walls of Al took their station before the giers.
town, and every thing was preIn consequence of a calm, and pared for the attack. Shortly afterwards by strong easterly afterwards, his Lordship commuwinds, we were not before the nicated to me, by private signal, Bay of Algiers until the 27th of " I shall attack immediately, if August in the morning. Lord the wind does not fail." Upon Exmouth immediately sent by a this I immediately made signal flag of truce, a written proposal to form line of battle in the order to the Dey, containing in sub- agreed upon, in the supposition stance, that the late atrocities at that all the officers must have Bona having broken all former been well acquainted with the connexions, he demanded in the position of the forts and batteries name of the Prince Regent that fell to our share, before the
I. The immediate delivering up attack was to begin; but as it apof all Christian slaves without pears that the signal was not well ransom.
understood, I resolved to change II. The restitution of all the the line, and to lead it myself in money which had already been the Melampus. received for the Sardinian and At half past one o'clock the Neapolitan captives.
whole ficet bore up in succession, Ill. A solemn declaration from the Melampus closing in with the Dey, that he bound himself, the rearnost ship of the English like those of Tripoli and Tunis, line; and at 15 minutes past two to respect the rights of humanity, o'clock, we saw Lord Exmouth and in future wars to treat all with the Queen Charlotte before prisoners according to the usages the wind, with sails standing, of European nations.
come to an anchor with three IV. Peace with his Majesty the anchors from the stern, with her King of the Netherlands on the broadside in the wished-for posilike terms as with the Prince Re- tion, within pistol-shot of the gent.
batteries, just before the opening On all these articles his Lord of the mole. ship expected an answer yea or The daring and unexpected
or hostilities must immc maneuvre of this vessel (a threediately commence.
decker) appears to have so conHis Lordship, on whom I wait founded the enemy, that a second ed in the morning, was afraid that ship of the line had already well he should that day be obliged to nigh taken her position before the rest satisfied with coming to an batteries opened their fire, which, chor, and confine himself for how violent soever, was fully rethe night to an attack by bomb- plied to. vessels, gun and rocket-boats. Having told Captain de Man Scarcely had I returned on board that I wished, as speedily as posmy vessel when the sea-breeze sible, with the Melampus, and the sprung up, and the fleet bore into other frigates in succession, to the bay with press of sail; the take our position on the larboard four bomb-vessels inmediately side of Lord Exmouth, and to Vol. LVIII.
draw upon our squadron all the of our magnanimous chief to the fire of the southern batteries, the cause of all mankind; and the Captain brought his frigate in a coolness and order with which the másterly manner under the cross terrible fire of the batteries was fire of more than 100 guns, the replied to close under the massy bowsprit quite free of the Glas- walls of Algiers, will as little adgow, with an anchor from the mit of description, as the heroism head and stern, in the required and self-devotion of each indiviposition, so as to open our lar- dual generally, and the greatness board guns at the same minute. of Lord Exmouth in particular, Captain Ziervogel, who was fully in the attack of this memorable acquainted with the above plan, day. and with the batteries, brought The destruction of nearly half his frigate, the Diana, nearly at Algiers, and, at eight o'clock in the same moment, within a fa- the evening, the burning of the thom's length of the place where whole Algerine navy, have been I had wished it, for our directed the result of it. Till nine o'clock, position. The Dageraad, Captain Lord Exmouth remained with the Polders, also immediately opened Queen Charlotte in the same poher batteries in the best direction. sition, in the hottest of the fire, The Captains Van der Straten and thereby encouraging every one Van der Hart, by the thick smoke, not to give up the begun work and not being so fully acquainted until the whole was completed, with the localities, were not so and thus displayed such persefortunate in the first moments; verance that all were animated but worked with the greatest with the same spirit, and the fire coolness, and under the heaviest of the ships against that of a brave fire, so as to give their batteries a and desperate enemy appeared to good direction. The Eendragt, redouble. Captain-lieutenant Wardenberg, Shortly afterwards, the Queen which I had placed in reserve, in Charlotte, by the loosening of the order to be able to bring assist- burning wreck, being in the greatance, remained under the fire of est danger, we were, under the the batteries close by.
heaviest fire, only anxious for the Our ships had not fired for safety of our noble leader ; but, more than half an hour, when upon offering him the assistance Lord Exmouth acquainted me of all the boats of the squadron, that he was very much satisfied his reply was—" that having calwith the direction of the fire of culated every thing, it behoved us our squadron on the southern by no means to be alarmed for his batteries, because these giving safety, but only to continue our now as little hinderance as possi- fire with redoubled zeal, for the ble, he commanded the whole of execution of his orders, and acthe mole, and all the enemy's cording to his example.” ships.
His Lordship at last, about half His Majesty's squadron, as well an hour to ten o'clock, having as the British force, appeared to completed the destruction in the be inspired with the devotedness mole, gave orders to retire with
out the reach of the enemy's fire; and of his whole navy, the Dey which I, as well as all the others, was now chastised for his faithscrupled to obey, before the Queen less conduct at Bona, &c. and Charlotte was in safety from the that he could only prevent the burning ships.
total destruction of the town by In this retreat, which, from the the acceptance of the conditions want of wind, and the damage of the preceding day. The signal suffered in the rigging, was very of the acceptance of the condislow, the ships had still to suffer tions was the firing of three shots, much from a new-opened and re which, three hours afterwards, we doubled fire of the enemy's bat had the satisfaction of hearing. teries ; at last, the land-breeze 'In a conference with two persons springing up, which Lord Ex
empowered by the Dey, on board mouth had reckoned upon, the Lord Exmouth's ship, at which fleet, at 12 o'clock, came to an- myself, together with Admiral chor in the middle of the bay. Milne and Captain Brisbane, were
The Queen Charlotte, under present, all the points were reguthe fire of the batteries, passing lated. The conehusion of the the Melampus under sail, his peace was for England and the Lordship wished to be able to see Netherlands celebrated by the me, in order to completely re- firing a salute of twice 21 cannon; ward me by shaking my hand in and I have now the satisfaction of the heartiest manner, and saying, wishing you joy on the successful -" I have not lost sight of my termination of the efforts of his Dutch friends ; they have, as well Majesty in the cause of humanity, as mine, done their best for the [Here follow praises bestowed by glory of the day.”
the Admiral on the different offiThis circumstance, and the ge cers of his squadron.) neral order of Lord Exmouth to In proof of his adherence to the the fleet, of which I have the ho- treaty, the Dey must this day, at nour to enclose a copy, must make 12 o'clock, deliver up 300,000 the squadron hope for his Ma dollars ; and all the slaves must jesty's satisfaction.
be ready for embarkation at the For our loss in killed and wharf. Those of our country are wounded, I have to refer you to in number 26 or 27, all well, bethe subjoined list : it is remark sides many others driven into the ably small for ships exposed to a interior of the country, and who fire of eight hours' duration, in cannot be here before two or three comparison with that of the Eng- days. lish ships. In the damage done I shall have the honour, on a to our rigging, &c. your Excel- future opportunity, to report farlency will observe that we have ther to your Excellency; and am, been less fortunate.
with the highest respect, &c. &c. The day after the action, Lord
T. VAN DE CAPELLEN. Exmouth sent a second summons His Majesty's Frigate Meto the Dey, of which his lordship lampus, Bay of Algiers, sent me a copy : it stated, that by August 30, 1916. the destruction of half Algiers,
REMARKABLE TRIALS AND LAW CASES.
TESTAMENTARY CAUSES. all the rest of his property for her
life, and at her death to his chilPrerogative Court, Doclors' ren, in such proportions as she Commons. -Slack and Others, by should appoint; but in default of their Guardian, v. Slack.-This was such appointment, then amongst a proceeding relative to the will them equally; and he appointed of Thomas Cartwright Slack, Esq. his wife, his brother, and his brolate of Gravel-lane, Aldgate, Lon- ther-in-law, the Rev. Thomas don, and of Kentish-town, Mid White, executors of his will, and dlesex, deceased.
trustees and guardians for his The deceased was burnt in his children, with power to apply a house at Kentish-town on the 23d portion of their shares of his proof November last, and died, leav. perty towards their advancement ing a widow and six children, in the world. minors. He was possessed of It appeared from the evidence personal property to the amount in support of the will, that the of about 16,000l. and a small free- deceased had ever expressed his hold estate valued at about 1,5001.; intention to die testate, and had and being a freeman of London, arranged with his brother-in-law, his widow would be entitled to the Rev. Thomas White, that they four-ninths of the personal pro- should be each other's executors. perty in case of intestacy. His He had great confidence in his will, made in August 1814, was brother, Josepb Albin Slack, Esq. burnt with him; but the con who deposed, that upon one of tents of it, as stated in an affida- their meetings to arrange the afvit of one of the guardians of the fairs of their deceased father, in children, were propounded by him the latter part of July, or beginand the other guardians on their ning of August 1814, the deceasbehalf, as the residuary legateesed requested bim to make an named in it, and opposed, merely appointment for their next meetfor the purpose of obtaining the ing at his the deceased's house, as decision of the Court, by Mrs. he wanted, he said, to speak to Jane Hester Slack, the widow. him about making his will. Mr. The contents of the will, as stated J. Slack left town for Scotland on in the affidavit, were to this ef. the 8th of August, but a day or fect :--The deceased gave to his two previously he went to the debrother, Joseph Albin Slack, Esq. ceased's house, and at night, the carriages and horses he might when the family had retired to possess at his death: to his wife bed, and they were left alone, the
deceased produced a paper from reposed the greatest confidence in his desk, informing him it was a her, as he had left his property all draft he had prepared of his will. at her disposal ; upon which she It was all in his own hand-writ- expressed a wish that he would ing, and he then read the contents alter his testamentary disposition to him to the effect before stated, in that respect; but he replied, and requested his suggestions as “No, it is done, and I shall never to its propriety in point of form. alter it," alluding, as she believed, Mr. J. Slack observed, that it did to his will contained in the sealednot dispose of his freehold proper- up paper he had before shown to ty; but the deceased replied that her. The fire at the deceased's he was aware of that, but it would house was admitted by all parties, descend, as he wished, in course of and it was proved that the desk law, to his eldest son, Mr. J. or secretary in which the will was Slack then suggested some slight deposited was consumed with the verbal alterations, which the den other contents of the house, no ceased immediately made, and traces of it being discovered then again read the will aloud, amongst the ruins, nor could any and asked him if he thought it copy of the will, or memorandum would do, to which he replied in of its contents made by the dethe affirmative ; and the deceased ceased, be found amongst his pathen added, that he would make a pers at his house in Gravel-lane. fair copy of it, and put his name The King's Advocate and Dr. to it. Mrs. Slack, in her answers, Swabey, for the children, argued admitted the truth of these cir- upon the authority of Lord Coke, cumstances, from the information and the doctrines laid down in that had been given to her; and Comyns's Digest, that under the further stated, that one day in the calamitous circumstances which month of June 1815, the deceas- -had, in the present case, deprived ed being employed in writing at a the parties of the usual evidence secretary or desk (in the drawing to be obtained from the will itself, room of his house at Kentish- parole evidence was admissible to town) in which he usually kept show its contents, and that those his papers of importance, and she contents really were the final inbeing alone there with him, he tention of the deceased. These took a paper, having the appear. points, they contended, the preance of a letter sealed up, out of sent evidence fully established ; a drawer in the desk, and holding and they therefore submitted that it up to her, told her it was his the contents, as proved, must be will, and all the will he should pronounced for as the last will of ever make.
Mrs. Slack also the deceased. stated, that upon a subsequent Dr. Adams and Dr. Creswell, occasion, only two or three days for Mrs. Slack, admitted the prinbefore the deceased's death, as ciple of law contended for on the they were sitting together in the other side, but remarked upon evening, and talking seriously on some few points as to which the the subject of mutual confidence, evidence might be deemed insufthe deceased told her, that he had ficient. With those observations