abolition of which his instructions directed him to insist upon.

He therefore acquainted the Dey, that his Highness having rejected all the fair and equitable conditions proposed to him on this point, his Lordship had determined to insist on the uncon

ditional release of the two Spaniards. He therefore desired an

answer, yes or no; and, in the

event of the latter, stated, that he would immediately recommence hostilities and his Lordship made preparations for that purpose.

These measures had the desired effect; and the two persons were released from a long and severe captivity, so that no Christian prisoner remained at Algiers at his Lordship's departure, which took place on the evening of the 3d instant, with all the ships

under his orders.

His Lordship states, that RearAdmiral Sir Charles Penrose had joined in the Ister on the 28th, and that he had employed the Rear-Admiral in his discussions with the Dey relative to the Spaniards, and his Lordship gives the highest praise to the prudence, firmness, and ability with which

Sir Charles Peurose conducted himself on this occasion.

His Lordship's last letters are dated from Gibraltar the 12th instant, and announce his intention very shortly to sail on his return to England.

The refunded ransoms have been sent to the Neapolitan and Sardinian Governments, and the slaves released have been forwarded in British transports to their respective countries.

Hon. Sir;-Lord Exmouth, during his short stay at Gibraltar, having increased his force with some gun-boats, and made all his arrangements, on the 14th of August the united squadrons put to sea, consisting of the vessels as per margin (1).

the Prometheus corvette joined On the 10th, off Cape de Gate. the fleet. Captain Dashwood reported, that he had succeeded in getting the family of the British Consul at Algiers on board by stratagem; but that their flight being too soon discovered, the Consul, together with two boats been arrested by the Dey, who, crews of the Prometheus, had having already received a report of this second expedition, had made all preparations for an obstinate opposition; and summoning the inhabitants of the interior, had already assembled more than 50,000 men, bath Moors and

(1) Queen Charlotte, 110 guns; Impregna ble, 98; Superb, 74; Minden, 74; Albion, 74; Leander, 50; Severn, 40; Glasgow, 40; Granicus, 36; Hebrus, 36; Heron, 18; Mutine, 18; Prometheus, 18; Cordelia, 10; Britomart, 10; Express ; Falmouth, 8; Belzebub, bomb; Fury, idem; Hecla, idem; Infernal, idem · (Dutch) Melampus, 44; Frederica, 44; Dage. raad, 30; Diana, 44; Amstel, 4; and Een dragdt, 18.

giers.

In consequence of a calm, and afterwards by strong easterly winds, we were not before the Bay of Algiers until the 27th of August in the morning. Lord Exmouth immediately sent by a flag of truce, a written proposal to the Dey, containing in substance, that the late atrocities at Bona having broken all former connexions, he demanded in the name of the Prince Regent

I. The immediate delivering up of all Christian slaves without

ransom.

II. The restitution of all the money which had already been received for the Sardinian and Neapolitan captives.

III. A solemn declaration from the Dey, that he bound himself, like those of Tripoli and Tunis, to respect the rights of humanity, and in future wars to treat all prisoners according to the usages of European nations.

IV. Peace with his Majesty the King of the Netherlands on the like terms as with the Prince Regent.

On all these articles his Lordship expected an answer yea or no, or hostilities must immediately commence.

His Lordship, on whom I waited in the morning, was afraid that he should that day be obliged to rest satisfied with coming to anchor, and confine himself for the night to an attack by bombvessels, gun and rocket-boats. Scarcely had I returned on board my vessel when the sea-breeze sprung up, and the fleet bore into the bay with press of sail; the four bomb-vessels immediately VOL. LVIII.

town, and every thing was prepared for the attack. Shortly afterwards, his Lordship communicated to me, by private signal, "I shall attack immediately, if the wind does not fail." Upon this I immediately made signal to form line of battle in the order agreed upon, in the supposition that all the officers must have been well acquainted with the position of the forts and batteries that fell to our share, before the attack was to begin; but as it appears that the signal was not well understood, I resolved to change the line, and to lead it myself in the Melampus.

At half past one o'clock the whole fleet bore up in succession, the Melampus closing in with the rearmost ship of the English line; and at 15 minutes past two o'clock, we saw Lord Exmouth with the Queen Charlotte before the wind, with sails standing, come to an anchor with three anchors from the stern, with her broadside in the wished-for position, within pistol-shot of the batteries, just before the opening of the mole.

The daring and unexpected manoeuvre of this vessel (a threedecker) appears to have so confounded the enemy, that a second ship of the line had already well nigh taken her position before the batteries opened their fire, which, how violent soever, was fully replied to.

Having told Captain de Man that I wished, as speedily as possible, with the Melampus, and the other frigates in succession, to take our position on the larboard side of Lord Exmouth, and to

draw upon our squadron all the fire of the southern batteries, the Captain brought his frigate in a masterly manner under the cross fire of more than 100 guns, the bowsprit quite free of the Glasgow, with an anchor from the head and stern, in the required position, so as to open our larboard guns at the same minute. Captain Ziervogel, who was fully acquainted with the above plan, and with the batteries, brought his frigate, the Diana, nearly at the same moment, within a fathom's length of the place where I had wished it, for our directed position. The Dageraad, Captain Polders, also immediately opened her batteries in the best direction. The Captains Van der Straten and Van der Hart, by the thick smoke, and not being so fully acquainted with the localities, were not so fortunate in the first moments; but worked with the greatest coolness, and under the heaviest fire, so as to give their batteries a good direction. The Eendragt, Captain-lieutenant Wardenberg, which I had placed in reserve, in order to be able to bring assistance, remained under the fire of the batteries close by.

Our ships had not fired for more than half an hour, when Lord Exmouth acquainted me that he was very much satisfied with the direction of the fire of our squadron on the southern batteries, because these giving now as little hinderance as possible, he commanded the whole of the mole, and all the enemy's ships.

His Majesty's squadron, as well as the British force, appeared to be inspired with the devotedness

of our magnanimous chief to the cause of all mankind; and the coolness and order with which the terrible fire of the batteries was replied to close under the massy walls of Algiers, will as little admit of description, as the heroism and self-devotion of each individual generally, and the greatness of Lord Exmouth in particular, in the attack of this memorable day.

The destruction of nearly half Algiers, and, at eight o'clock in the evening, the burning of the whole Algerine navy, have been the result of it. Till nine o'clock, Lord Exmouth remained with the Queen Charlotte in the same position, in the hottest of the fire, thereby encouraging every one not to give up the begun work until the whole was completed, and thus displayed such perseverance that all were animated with the same spirit, and the fire of the ships against that of a brave and desperate enemy appeared to redouble.

Shortly afterwards, the Queen Charlotte, by the loosening of the burning wreck, being in the greatest danger, we were, under the heaviest fire, only anxious for the safety of our noble leader; but, upon offering him the assistance of all the boats of the squadron, his reply was-" that having calculated every thing, it behoved us by no means to be alarmed for his safety, but only to continue our fire with redoubled zeal, for the execution of his orders, and according to his example."

His Lordship at last, about half an hour to ten o'clock, having completed the destruction in the mole, gave orders to retire with

out

out the reach of the enemy's fire; which I, as well as all the others, scrupled to obey, before the Queen Charlotte was in safety from the burning ships.

In this retreat, which, from the want of wind, and the damage suffered in the rigging, was very slow, the ships had still to suffer much from a new-opened and redoubled fire of the enemy's batteries; at last, the land-breeze springing up, which Lord Exmouth had reckoned upon, the fleet, at 12 o'clock, came to anchor in the middle of the bay.

The Queen Charlotte, under the fire of the batteries, passing the Melampus under sail, his Lordship wished to be able to see me, in order to completely reward me by shaking my hand in the heartiest manner, and saying, -"I have not lost sight of my Dutch friends; they have, as well as mine, done their best for the glory of the day."

This circumstance, and the general order of Lord Exmouth to the fleet, of which I have the honour to enclose a copy, must make the squadron hope for his Majesty's satisfaction.

For our loss in killed and wounded, I have to refer you to the subjoined list: it is remarkably small for ships exposed to a fire of eight hours' duration, in comparison with that of the English ships. In the damage done to our rigging, &c. your Excellency will observe that we have been less fortunate.

The day after the action, Lord Exmouth sent a second summons to the Dey, of which his lordship sent me a copy: it stated, that by the destruction of half Algiers,

and of his whole navy, the Dey was now chastised for his faithless conduct at Bona, &c. and that he could only prevent the total destruction of the town by the acceptance of the conditions of the preceding day. The signal of the acceptance. of the conditions was the firing of three shots, which, three hours afterwards, we had the satisfaction of hearing. In a conference with two persons empowered by the Dey, on board Lord Exmouth's ship, at which myself, together with Admiral Milne and Captain Brisbane, were present, all the points were regulated. The conclusion of the peace was for England and the Netherlands celebrated by the firing a salute of twice 21 cannon; and I have now the satisfaction of wishing you joy on the successful termination of the efforts of his Majesty in the cause of humanity. [Here follow praises bestowed by the Admiral on the different officers of his squadron.]

In proof of his adherence to the treaty, the Dey must this day, at 12 o'clock, deliver up 300,000 dollars; and all the slaves must be ready for embarkation at the wharf. Those of our country are in number 26 or 27, all well, besides many others driven into the interior of the country, and who cannot be here before two or three days.

I shall have the honour, on a future opportunity, to report farther to your Excellency; and am, with the highest respect, &c. &c.

T. VAN DE Capellen. His Majesty's Frigate Melampus, Bay of Algiers, August 30, 1816.

TESTAMENTARY CAUSES.

Prerogative Court, Doctors' Commons.-Slack and Others, by their Guardian, v. Slack.—This was a proceeding relative to the will of Thomas Cartwright Slack, Esq. late of Gravel-lane, Aldgate, London, and of Kentish-town, Middlesex, deceased.

The deceased was burnt in his house at Kentish-town on the 23d of November last, and died, leav. ing a widow and six children, minors. He was possessed of personal property to the amount of about 16,000l. and a small freehold estate valued at about 1,500l.; and being a freeman of London, his widow would be entitled to four-ninths of the personal property in case of intestacy. His will, made in August 1814, was burnt with him; but the contents of it, as stated in an affidavit of one of the guardians of the children, were propounded by him and the other guardians on their behalf, as the residuary legatees named in it, and opposed, merely for the purpose of obtaining the decision of the Court, by Mrs. Jane Hester Slack, the widow. The contents of the will, as stated in the affidavit, were to this effect: The deceased gave to his brother, Joseph Albin Slack, Esq. the carriages and horses he might possess at his death: to his wife

all the rest of his property for her life, and at her death to his chilren, in such proportions as she should appoint; but in default of such appointment, then amongst them equally; and he appointed his wife, his brother, and his brother-in-law, the Rev. Thomas White, executors of his will, and trustees and guardians for his children, with power to apply a portion of their shares of his property towards their advancement in the world.

It appeared from the evidence in support of the will, that the deceased had ever expressed his intention to die testate, and had arranged with his brother-in-law, the Rev. Thomas White, that they should be each other's executors. He had great confidence in his brother, Joseph Albin Slack, Esq. who deposed, that upon one of their meetings to arrange the affairs of their deceased father, in the latter part of July, or beginning of August 1814, the deceased requested him to make an appointment for their next meeting at his the deceased's house, as he wanted, he said, to speak to him about making his will. Mr. J. Slack left town for Scotland on the 8th of August, but a day or two previously he went to the deceased's house, and at night, when the family had retired to bed, and they were left alone, the deceased