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364 but a few musket shot being fired, he thought it prudent to acquiesce. The government of Genoa very properly considered the spirited conduct of the Rear-Admiral perfectly regular, as well as strictly consonant to the law of nations; and la Modeste was added to the British navy.

Early in the ensuing year Rear-Admiral Gell was obliged, by the precarious state of his health, to return overland to England ; and the late Sir Hyde Parker hoisted his flag in the St. George, Captain Foley continuing to command that ship. In the first encounter which took place between the British fleet under Vice-Admiral Hotham and the remnant of the once formidable force which France had possessed in the port of Toulon, the St. George had 4 men killed and 13 wounded. The French ships captured were the Ca Ira of 80 guns, and the Censeur of 74 guns.

No other material occurrence took place during the remainder of the time that Captain Foley continued in the St. George, except the second skirmish, still more trivial than the first, which ended in the destruction of l’Alcide, of 74 guns.

In the memorable battle off Cape St. Vincent, Feb. 14, 1797, our officer bore a distinguished part, as Captain of the Britannia, a first rate, carrying the flag of the late Sir Charles Thompson. Soon after that important event he was appointed to the Goliath of 74 guns, and in the following year detached from the fleet off Cadiz to reinforce Sir Horatio Nelson’s squadron in the Mediterranean.

On the glorious 1st Aug. 1798, Captain Foley had the honour to lead the British fleet into action. At 6$h$ 15’ P.M. the French commenced the engagement; in two minutes the Goliath returned their fire, and then doubled their line, and brought up alongside of the Conquerant, the second ship in the enemy’s van. In less than a quarter of an hour Captain Foley completely dismasted his opponent, and afterwards assisted in subduing the ships in the rear. In this tremendous conflict the Goliath had 21 killed and 41 wounded.

