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BOSTON : ,« PRINTED BY SNELLINb AND SIMONS, KO. 5, eXCOAStCS SUXLDIMGS, DCTONSnXRS STREET. ^ ^ I80T. ■ ■■■■ b**^'- ;'ir^ l' 5A'^k>*i; --.',' V.:. =^A: » ..Xi- i''*% M> w-t Sn^H, '#.-•'' ' .»■ .i^i ilfe.;;'?- ! ■■ *•- in ■ - '■'*''■ ■'- "a^- 'I- .(^) 1.^ •• 1 1* ■^ • ■- ' >, V TRIAL ' / I ' •> tf } , 07 JOHN WILSON, r//mJENKlNRATFOUlJ; MINUTES of the Proceedings of a Court Martial ajfembUd and fjield on board His Majejly's Sljtp Bellellle, in Halifax Har- - hour, Nova-Scotia, on Wednelday, '36th Auguft, 1807i io /ry Jen KIN Rat ford, of his Majejlfs Ship Halifax, for Mutiny t Defertion, and Contemptt as fet forth in a Letter from her Commander^ The Right Honourable Lord James Town SH END. «?' ^ ', ■ ' ** PRESENT, The Hon. Sir ALEXANDER COCHRANE, K. B. Rear Admiral of the IVhitet and Second Officer in the Com" numd at HaiifaK, Prefident. CAPTAINS, • •' • '• ■ FRANCIS PICKMORE, WILLIAM CHARLEff FAHIE, EDWARD HAWKER, JOHN ER§KINE DOUGLAS, PHILIP BEAVER, NATHANIEL. DAY COCHRANE, ,„ . ;^ Seing all the Captains of the rank of Pojl at this placf,' ' ' ' On the Court aflembling, at half paft ten o'clock, the prif- oner being brought forward, the evidence called over, and aM- dience admitted, read the Order addrcffed to the Prefident from the Honouwble George Cran field Berkeley, Vice Admiral of the White, and Commander in Chief at Plalifax, Nova-Scotia, &c. dated the 2.5th of Auguft, and the Prefi- dent's Order to the Judge Advocate to officiate as fuch, when the Members, and Judge Advocate were feverally fworn, agreeable to Adl of Parliament ; and the following letter, contaiuiiig the charges againft the prifoner, read : ' ■■■^ jT^. • .# A ■;'■'• ^...V''-- ';.- ' His Majejlys Sloob Halifax t iJal'ifus NiirUuff Ijtl y/u^ujif 1807. ■•♦R, I BEG leave to n-prefciit to you, tint the five men nam- ed in the margin,* bt'loiiging to His Majefty's floop Halifax, nndcr my CGinrnaiul, when fent with a petty officer in the jolly boat, in Hampton Roads, on the 7th of March laft, to weigh a kcdgc anchor, which had been previoufly dropped for the piirpofe of fwiiiging tlic flv- by, taking the advantage of the dulk of the cveninjr, mutinieu upon the petty ofTicer, fome of tht'in threatening to murder him, hut, the reft interfering they defiiloc! ; huwever, taking the boat under their own com- mand, the/ fuccocdcd in deferting, by landing at Sewcl'a I'uitit. The whole of the above mentioned defertcrs, I have fince been informed, entered on board the United States frigate Chcfapeake, and were fcen by me, and feveral of my officers, parading the llreets of Norfolk ir. triumph, under the Ameri- can flag. A few days after the defertion, I accofted Oiie of thefe men, Henry Saunders, afking the rcafon of hit deferting, and received for anfw^r, that he did not intend any thing of ihe kind, but was compelled by the reft to af&ft, and would embrace the firft opportunity of returning. At that moment, Jtnikin Ratford, one of the faid deferters, coming up, took tlic arm of the faid Henry Saunders, declaring with an oath, that neither he, or any of the reft of the deferters, ihould re- turn to this {hip, and, with a contemptuous gefture, told me lie was in the Land of Liberty, and inllantly dragged tlie faid Henry Saunders away. Finding tha*^ my cxpoftulating any longer, would not only be ufelcfs in obtaining the deferters, but, in all probability, have coUefted a mob of Americans, who, no doubt, would have proceeded to fteps of violence, I inftantly repaired to the houfe of Colonel Hamilton, (the Britifti Conful there) and related every circumftance which occurred, and applied to him, as alfo, to Lieutenant Sinclair of the rendezvous for the Unit- ed States fervice, to recover the faid deferters, but without cffea. Being fince in formed that Jenkin Ratford has been recov- ered, in aftion, on board the United States frigate Chefa- peake, with His Britannic Majcfty's ftiip Leopard, and now a » RicLHuberriHejirvSaimder", Jenkin RaifordjCeo.NorthjWm.Hi!!- (fvifoncr on board his Majefty'a Ihip BcUona, I have to requeft you will bo plcafed to dir';6l a Court Martial may be afTt-m- bled for the purpofe of trying tl»c faid Jenkii) Ratfoid, for the witlun (nentioncd charges of Mutiny, De/irtion, and Conkmjit. ;. I have the honour to remain, , * Your mod obedient humble fcrvant, ,, : .;'-^ \ '. J. TOWNSHKND. 2 the If on. G. C. Birkeleyt Vice Admiral 1 . , . of the IVhite, and Commander in Chief, > ., b'f. i^c. isfc. Halifax, N. S. } The Evidence were then withdrawn. ' ' The Right Honturable Lord James Totvtifbend,fworn. Q. Relate to the Court what comes within your knowl- edge of the charges againft the prifoner ? ji. At the time of the prifoners deferting, I was on board the Mermaid ; on hearing a firing ofmufketry kept up fit)m the fhip, about fix o'clock in the evening, on the 7th ofMarch, 1 immebiately returned on board, when Lieutenant Carter in- formed me, that five men had rofe on Mr. Turner, midfhip- man, and defefted with the jolly boat. The next morning, I fent Lieutenant Marilers to Norfolk, to acquaint Captain Holli» and the Britifh Conful of Jthc defertion of the men ; on his return, he reported to me that he had fecn fome of them, one in particular, Richard Hubert, parading the ftreets, with the American flag, then recruiting for the Chcfapeake. I then went up myfelf to Norfolk, and told the Britifh Con- ful ; and finding that the men had entereel for the Chcfa- peake, I applied to Lieutenant Sinclair, who was entering men for her, and received for anfwer, that there were no men entered for them by the names I gave ; but if any deferters had entered, I muft apply to the magiftrates j which I did, through the Conful, who, 1 believe, applied to the Mayor and Civil Pow- er. I alfo applied to Capt. Decatur, who referred me, to Lieut. Sinclair : but I met with no fuccefs in recovering the men. I met the prifoner, with Saundersj- the Boatfwain's mate, af- ter my application, and afked them the reafon they did not return to the (hip. Saunders faid he would ; an'', immedi- ately went with me about twenty yard 3, when the prifoner A2 11 .1. .♦.^"■. laid hold of Iiix Jirm, and fald he would be damned if he (HoulJ retuvii to the (liip ; tliat hi- was in the- Land of Liberty ; that Itc would do us he liked, and that I had no bunncfs with him. The prifouer wa^ vcr^' abuftvo, the words I do iu)t reeollett. (^. What anfwtr did Lieut. Sinclair make to you the fcc- ond time you applied to him ? yf. The fame as before. I offered to point out the men if he would allow me to go into the rende/.vou», but to which he rctunied no anfwcr. 1 faw fome of the defetlers at the rendezvous : the prifoner was not among them. ♦ O. Was the prifoner abufive to you, perfonally, or was the abuTe general ? j4. Chiefly pcifonal. Q. By PriJ'tirt. Did you not fend a gentleman to call me out of the houfc i v>. Did I not come out at the fame time and ftand at Saun- Jer's back, all the time you were talking to him ? yf. You crme into 'the ftreet about four minutes nftev iiaunders. The Evidence now commcnccfl for tV.e Profecutor. Li^uknc'tti Tl etnas Wren Catiirt \Ji, of the Halifaxt /worn* Q. Relate wliat you know refpeftnig the charges againft ihe prifoner ? /I. On the 7th of March lad, about fix o'clock in the ev. eniiig, being commanding olHcer, I fent the jolly boat, \vith Mr. Turner, midlhipman, and five men, to weigh the kedge anchor, which had been laid out for fwinging the fliip. They v'ere a long time there. I hailed them once, to know what they were about ; they anfwered, gcttingthe tackle on board. A fhort time after, the quarter mailer, Douglas, told me he thought they were pulling away. Believing they were, I or- ilered a fire of muflcetry on them. That not having any ef- feft, I ditcr J, f- w ^. The prii'oner bftving no queftionito nflc} thiti eviU«qcc with* drew. ... Aft. Robert Turner^ mlJJhltmant of the Halifax t cnlleettn and fworn. Q. Relate to the Court what you knaw refpe^tini; ihc charges agaitifl the pnfoncr ? -.-a ».. • »^' ., ' .1 ^ A. On the CTeniug of the 7th M*rch I was defired by the iird Lieutenant to go in the jolly-boat, and weigh kcdge an- chor ; the pnfoner wai one in the boat, with Hill, North, Hu. bert, and Henry SauuderB ; after we Iwd (hovcd off from the ftiip and got hold of the kedge hawfer, and the anchor up to the buws, it came on to rain very hard, and the weather be* ing thick, the men took the boat from me ; when I hailed the fhip repeatedly, until file need by Hill, who threatened if I hailed the fMp any more he would knock my brains out, and heave mc overboard. Hill faid if it had b*en Mr. M'Gory in the boat, inftead of me, he would have tanned his hide, and thrown him overboard. The inftant the boat landed at Se« wel's Point they all jumped out and left me in her. Saun* ders I think would have returned, if he had not have been threatened to have his brains knocked out : I d*^ not know if by the prifouer in particular ; it was amongft them. After landing I faw nothing of the men until Monday, two days af- ter, when I faw the prifoner at Norfolk, with a number of men who h^d entered into the American fervice. On TueWay I met Lord Townfhcnd and informed him of the circumftances ; ftiortly after faw the prifoner and Saunders, LoFd Townf- heud fpeaking to them, and telling them, that if they would return to the (hip be would forgive them. Saunders was in the aA of going down to the Britifh Conful's with me ; the prifoner faid if he attempted to return to the (hip, if he was not able himfrlf, he would get more bands to aflm in cutting his bloody guts out. . Q. By Prcfecutor. Did it not appear to you that the whole time I ^vas in converfatkm with Saunders, and the prif- oner, that the latter was very abufive ? »f. , -« > f , A. He was. Q. Did the deferters cut the boat adrift, and fliove her from the ftiore, making you jump out up to your middle ia water ? "^ ■ A. After landing, I v^ras left in the boat, the painter was out, the boat floated off, and I jumped into the water, and aded afhorc A' y i'.'-^. 4- t ( ^' i 1 1- li Q. Did ynu obfervc the prifoner alfift in rowing the boat» after it wat taken frcm you i A. YeA I did, four men were rowing, Saunders and myfelf ■ were fitting in thi' lleni (hects. Q. By Prifoner. Did Saunders go out of the llcrp Hwctt to look for kedge buoy ? •.:'*' y/. He was out of the (lern fheets but I am not certain if he had hold of the hawfer or not. The prifoner having no further quellions to aik|4he evidence- withdrew. / ^ . :\ I .u ' . Thomas Douglax% quarter mafier of the Halifax^ caJled in and ^ fworn. Q. Relate to the Court what yovknow refpecting the char- ges againft the prifoner ? yl. I had the watch on deck, I think about half paft five o'clock on the evening of the 7th of March. I was (landing on the (larboard gangway, when the men dipped the kedge hawser, and got their oars out. I went immediately to the gun room and reported io Lieutenant Carter that the boat was rowing off from the (hip. He came up immediately. I having gone before and got the key of the arm-ched out of the binnacle drawer, and took out the muflcets, with a cartouch box, (the fentry's mu(ket not going off,) Lieutenant Carter, Mr. S.Tiith, and myfelf, fired as long as we could keep fight of the boat. Q. Do you know that the prifoner was one of the men in the boat ? , •' . „. . « «', t ■ j1. I do. The prifoner having no queftions to afk, the evidence with- drew. Lieutenant James Marjiers of the HaHfa»t called in and fworn. Ig. Relate to the Court what you know, refpedlmg the charges against the prifoner ? yl. On tlie 7th of March, about fix in the evening, the prif- oner, and four other men, were fent to weigh the kedge an- chor. Soon after it was reported they had deferted. I went on deck and obferved them pulling from the (hip. They were fired at fevcral times, but to no effedl. I was fent up to Norfolk the nc morning, with a letter on fervice ; I faw two of the deferters, but did not fpeak to them, one of them with the American flag, and the other coming out of a public houfe ; the prifoner was not one of them. I know the pril* oner deferted on the 7th of March from the fhip. -V"^-' -i'. „..'•'- -« 'r.h«.'V£»W. I'hi* inironer having no qurftions to ailc, thii evidence witlMln.'w. Mr, Georgt Tii*combt$ Majl*r*s mate of the Melampust tailed in andfvtorn, Q. Relate to the Court what yoa know refpcAing the charges againft the prifoner ? yi. I waB on board the L< >pard on the 32d June aa a paf> (cnger, and wan ordered on board the Chefapeake with Lieu> tenants ralcon and Guifo, to fearch for defcrtera, After the hands were fent on deck, I was ordered below to fearch, and found the prifoner in the coal hole ; he was taken on the quar- ter deck, and known by Mr. Prefton, Purferof the Leopard* as being difoharged from her to the Halifax. ^. Did the prifoner deny belonging tt> the Halifax ? A. He faid lie was an Americuni ai)d did not belong to the Hahfax. Q. On your going on board the Chefapeake, did you hear any converfation that palfed refpcfting deferters, whether they acknowledged or denied having any \ A. The Captain of her faid, he did not know they had any deferters on board. Q. Did the prifoner (land on the Chefapeake's books by his pref • .%»4 Q. Did you underftand that as a refufifl to comply with Captain Humphrey's wifhes to have the Englidi defertera given up from the Chefapeake to the Leopard ? A. Yes. .--■\j''»- ■- ^^^ Q. How long was it from the time of firft fending the boaf on board the Chefapeake, until the a^on commenced ^ * / « /( \ i wm V) \ i 'I ► A. The boat was on board the Chefapeake about i^tc quarters of an hour, when the fignal was made for her from the Leopard : (he returned in about ten minutes after, with a letter, which Captain Humphreys took into the cabin, and read ; then ordered the guns to be primed, fired one gun athwart her bows, and then hailed as before, to which a fimi- lar reply was made : Capt. Humphreys then ordered the fire to commence, beginning with the foremoft gun on the lower deck, and gave her about three broadfides. 0. Were the crew of vhe Chefapeake muftered previous to the finding of Ratford in the coal hole ? y/. No ; not until afterwards. 1^. What other deferters were taken out of the American frigate ? j4. Three belonging to the Melan^us. Q^. Were there many Engliflimen muftered on board her ? ^, About twelve, men and boys. I^. Were any of thofe Engliflimen demanded, or any other men demanded, or taken out, except known deferters ? , j1. No. Tlie prifoner having no queftions to aflc, the evidence with- drew. Mr. Frederick Phillips, midjhipman of the Bellona, ftvorn. Q. Were you doing duty on board the Leopard at the time of the controverfy between her and the American frig- ate riiefapeake ? A. Yes. Q. Relate to the Court what you know refpefting the charges againft the prifoner ? A. When I went on board the Chefapeake, I faw the prifoner ftanding, or leaning, againft one of the carronades on the quarter-deck. I know he was taken out of the Chefa- peake to the Leopard. The prifoner having no queftions to alk, the evidence withdrew. Mr. James Simpjhn Wells, Clerk of the Halifax, called in and fnvorn. He produced the complete book of the Halifax ; fwore to its correftncfs, and, by direftiort of the Court, pointed out to the Judge Advocate, the five men, ftated by the charge to have deferted, which he did, as follows : Richard Hubert, fail-maker, born in LivcrwOoJ. England, aged %% \li ■n< mg has frige Berii Nor fhip; now 11 Henry Saundcre, yeoman of the fheets, born in Greenock, aged 26. Jenkin Ratford, ordinary, born in London, aged 34-. * George North, captain of the main-top, born in Kinfale, aged 27. William Hill, able, bom in Philadelphia, aged 21. En- tered at Antigua. Q. Do you know the prifoner to be one of the men you have now nanned ? , j . j4. Yes, I do, by the name of Jenkin Ratfoiut Q. Have you any reafon for believing the prifoner to be born in London ? ,-. ^ , j1. I think I was prefent when his defcription was taken, and he gave the place o^ his birth, London, himfelf. The prifoner having no queflions to aik, the evidence with- drew ; and -J. Mr. James Baikie, Secretary to Vice- Admiral Berkeley ^ fworn to the following letters being true copies of thofe fent to the Commander in Chief ; when they were read, an4 are as follow : / To JOHN ERSKINE DOUGLAS, Esquire, Captain of His Mdjejiy^s Ship Bellona^ and Senior Officen tsfc* , ♦ l^c. Ch^apeahe. His Majejly*t Ship Leopardy at Sea, 22d June, 1807. SIR, In obedience to your fignal tnis morning, to weigh and reconnoitre, S. E. by E. I have the honour to acquaint you, that having arrived off Cape Henry, to the diftance of about four or five leagues, I bore up, purfuant to orders from thtf* Commander in Chief, to fearch for deferters on board the United States frigate Chefapeake, On arriving within hail, an Officer was disoatched accordmg to my inftruftions, to Ihew the order to her commander, together with the follow* ing note from myfelf : " The Captain of his Britannic Majefty's (hip Leopard, has the honour to enclofe the Captain of the United States frigate Chefapeake, an Order from the Hon. Vice-Admiral Berkeley^ Commander in Chief of his Majefty's fhips on the North American ftation, refpefting fome deferters from the fhips (therein mentioned) under his command, and fuppofcd now to be ferving as part of the crew of the Chefapeake. i A\ I, F3* It A /' .^11 12 H M £'"^ '■■ } I '^U ** The Captain of the Leopard will not pjrcfume to fay any thing in addition to what the Commander m Chief has ftated, more than to exprefs an hope, that every circumftance refpe^. ing them may be adjuftedi in fuch a manner, that the harmony fubfi^ing between the two countries, may remain undiflurbed." The boat, after an abfence of three quarters of an hour, re- turned with the following Anfwer : ' '' ** I know of no fuch men as you defc^ibe ; the officers that were on the recruiting fcrvice for this fliip, were particularly inftrufted by the govermncnt, through nae, not to enter any defertert firom his Brhmnic Majefty's ftups ; nor do I know of any being here. - v'- ** I am alfo inftru^df never t« -permit the crew of any ihip that I command, to be muflered by any other but her own officers } it is my difpoiition to prefervc harmony ^ and I hojpe this anfwer to your difpatch will prove fatisfaftory. V (Signed) JAMES BARRON. v? Commander of the Untied States Jhip ChefapeaheV On the receipt of this letter^ motives of humanity, and an ardent defire to prevent bloodfhed, induced me if pofllble to endeavour to ntake the fearch without recurring to more feri- ou8 meafures, by repeatedly hailing and remonilratiiig with- out efife£k. I then dire£led a (hot to be fired acrofs the bow { after which he was again hailed, the anfwers again were equal- ly evafive ; conceiving therefore, that my orders would not admit of deviation, I lament to ftate that I felt under the ne- ceffity of enforcing them by firing into the United States (hip ; a few fhot were returned, but none flruck this fhip ; at the expiration often minutes from the firft fhot being' fired, the pendant and enfign of the Chefapeake were lowered. I then gave the neceffary direction for her being dearched, according to my inflruftions, and herewith fend you a ftatement* of the number and names of the deferters found on board. Several ^ Lift efmenftund on hoard, and ferving at a part t>f th» Crew of the United States Jhip Chefapeake, defertert from Hit Majefyt Jhipt Melampu* ani Halifax. . .. WILLIAM WARE, DANIEL MARTIN, * JN. STRACHAN, aliat STORY. _ IN. WILSON, aliat lENKIN RATFORD, h. m. s. Halifax {Signed) S. P. HUMPHREVS. Hit Idayfiytjhip Leopard, at Sea, 22rf June, 1 807. ?H. »r. S. MELAMPU8. t J'- ;>>. 1^.' U''W- rr N4. 13 •jr- • .'V. .- .^. Xf *,> r..- Your moft obedient, humble ferjvant. V .^>Vf%». S. P. I*rUMPHREYS. ., Serjeant Richard Frotf/hamt of the Roryal Maainea, '«i H!» ' Majeily's Ship BcUona, called in and fworn, to trnVf aafwer what he knew of the prifoner, as alfo to fuch queftionsisi^the Court might aflc him. Had heard the charges read.. > Q. Do you know any thing of the prifoner ? •■"^ A, Only that he was fonftned on |>oard the B«ll<>iift|ia&|iw^ defcrter from the Halifax. 'i^tt «f9iiJ ** V ; ' ■'^:;^^- * Copy ofletUrfrom Commodore BarrOM it Ca^mi Sumpbteyt : ■» . > '* I confider the frigate Chefapeake as your prize, and am ready to delijirer her to any oftccr authori-^.ed to receive her. By the return (^ • 'i the boat 1 Hiall expetfl your anfwer ; and have the honour to bt, ^ . V ,e-T^ ^r^^« Your moft obedient, ■-.,.. k.Mtei-»l>r»^^' Vli*^? ^m THumole (crvant, " ' JAMfiS BARRON." .yf^ i^ .■,(1: - '. v->- «i;- >"ii« *v Atfea, 22d June, 180f. .;■' m- ANSWER. \4>-f.': His Majefii'sjhip Leopard, aif(^% . ^m^.. 2ad7une.l807. ^..^ "paving, to the utmoft of my power, fulfilled the inftrudtion* of my Commander in Chief, I have nothing more to defire ; and muft, in.con> fequenfte, proceed to join the remainder of the fquadron ; repeating^, that I aft ready to give you every afliilancc iu my power, atid do mod (Incerely deplore, that any lives mould have been loft in the execution of a ferviee, which mig^t have been adjufted more amicabljr, not Only with ref[«p(il to ourfelveSj-ljut to the nations to whii'h we refpe6li''v^y [3}elong. \-.-^r-4tfi- jl have the honour to be, ■■,'^^;;. Sir, *T*^f t- § ViMW «oft Obfitieftt humble fervant, '^i■v^'•^ . ^^^...-^ .^^ ,. .. .. g^ p^ HUMPHREYS. 4 -1. ^■ n^- •ii' "31^ \ * 1^ •l' 4 /I. ■J!ii i^. Were you on board His Majcily's (hip Cluchefter m the Chcfapcake ^oiug 4my as Serjeant of Marines ? vf. ' Yc8, I was lent from the Bcllona to His Majefty'i (liip Chliiheftcr, on the 10th November, 1806, and remained there untihthe 15th Maff:h» 1807- Q. Do you know of any deferters from Fort NeUoD beipg claimed by the American Cummandtiit ? '.fi'4\y >'' *-'^-* yf. Yes, ..\'*^i'. *kt.-' f'-;'^>.'ii4 Q. Reflate to the Court the particulars! "* * - , r yj. In thcearly part of Februqj-y laft, the Chichefter be- ing alonff fide the whai^ at Gufport, in Virginia, I faw a par- ty of folaitfrs under armsi coDiifting of the Commandant of Forft NeUbn, a; SerjeaM, Corpora], and four Privates, coming from the Fo»t to- the wharf, along fide which the Chichefter waft.layinjj^^ Having entared the gates, they proceeded to Captain Sto^ond'iS lodgings ; when I was fent for, by himi and aiked whetlier there were any deferters on board from the Fort, laofwertd, there were not any. The Captain faid, " there are three, are there not," and direfted me to give ihem up to the perfon I fuppofed the Commandant. I, with the affiftanC6 of the Officers," fearched the (hip, but could not find them, and reported accordingly to the Captain : who then prdered all hands to be turned up* in order to fearcfa more particularly, as be- was determined to give thent up. I with the Mafter, and other Officers, renewed the fearch : and at the expiration of an hour, t*ro were found under the ftores in the hold, the third was found in one of the ftore houfeSf under the fails. Captain Stopford dire£ied Mr. Bro<»k8, one of the Midihipmen of the (hip,'to be confined, for telling Captain Saunders that he thought it was not right to give up their- deferters when they would not give up ours. The deferters, «»rere then pot in a boat, and taken, by the Ameri# can Captain and guai^, to the Fort. Their names were, Wm. Bum, a fhoemaker by trade, an Irishman, bom in Lon- donderry ; Wm. Jones, a weaver by trade, *oom at Manchef- ter, in England ; the name, or place of birth, of the t|iir4 perfon, I do not recollect. >^v>v irl': ,L^»^. 1. Q. Do you know any of fhe crew^ ttr fop fc rifli tt i he ra'r i eg^ deferting from the » .hichefter, and entering into the Ameri* can Military (ervice. .-^H^ivJ!^;^' :i>i^^l fji;- *i ^' yf. Yes ; Convalefcents, who c?iroe fyoin the Regitnfents ^c. in the Weft Indies, for recovery of their health. / itr^K ,.....«^-'A / v -^-•' I ■ '"^ / '.^ 1 / 1 ■ / r. ■.i-. ■> 1 I . 1 1 ' •%-!.f 1 1 1 J 1 . . . .^» .\ ■: *r ^ ,^-. 15 ' t :, »•-• \ Q. Rehte the particulars. V?. Robert Simpfon and Francis Sedgewick,of the Roy- al Artillery ; Wm. Phillips, Corporal of Royal MariucB, belonging to the Chichcfter ; Benjamin Withers, of the 1.5th Regiment of foot ; and John Mahoney, of the 37th, dcfcrt- ed from the Chichefter ; fome of which enlifted, in English uniform, into the American fervice, and were afterwards feen by me in the Annerican Military unifoi'm. Simpfon and Ma- honey were Irifhmen, and Withers and PItilips, EnghHimen} from the County of Laiicafler ; I do not know what coun- tryman Sedgewick was, but have repeatedly heard them all declare, they were ftrangers to the United States. The Evidence withdrew j and' Captaiti John Erjkinc Dmglast of His MajeSy*sfi'ip BeUonot Jworn, Q. Was you Senior Officer of His Majefty's (hips in the Chefapeake, when the men ftated by the lail vntnefs^ defert- cd from the Chichefter. . jt. I was Senior OfBcer. ' . " ^ '-/i\.". -. '.} Q. Did you make any appitcatien for thofe men-? ,.^ "^i j1. I did make application, but they were not giveti up > and, to the beft of my reco)le£kion, the anfwer give. waG» •* If any deferters from the £ngli(h fervice have entered into the American fervice, they have been ient, with a detach- ment, into the country." The prifbtter was now called upon for his defence ; hav- ing been told, at the examination of each witnefs that he might ailc any queftions he pleafed. After retiring^ for a ' ihort time, with the Judge Advocate, he returned into Court, and ilated, that the evidence brought againil him was fo^ ftrong, there was but little left for him to lay in his defence : but that the reafon of his hiding in the coal-hole, was for fear of the Americrn" making him fight againft his country, which he declared no would not do on any account ; that he, with all the mea who deferted from the Halifax, were perfuaded by the Boatfwain to enter for the CheCapeake, to proteft themfelves, which they did : Lieut. Sinclair aiking them if they had not a fecond name. About 30 meiT went in the firft draft with him to the Chefapeake^ when Captain Gordon muttered them, and they were muttered again in Hampton Roads by the Commodore. He requefted leave to call one Evidence in again j to aflc his Oificera^ for a U.* \ at:. < » /,-'•.; '?**': f ■' \ '■■}■ w !^3^iti.?i. i'..,.'^'i."fe re* I,. u m V.' \ -',. charaAef ; an^th?n he threw hitnfelf on the mtny of tLr Court. Lord James Townfhend dated, that, prior to the chtrgfif ,hc had always behaved himfelf aa a quiet, fteady man. "'» i < » Mr. Turner caUed in again, and reminded that he was ftiU ■^ *'^!|^,..on his oath. r .: Q,' ^y tke Prijhner. Do you recoMeft my throwing my oar acrofs the boat, and not rowing after th6 boat had been pulling fome time for the fhore, and' after others cried out '^ pull away.'* *- ' . , -(^. I do not. The prifoner pulled away ai the others did. Lieutenant Carter, of the HaFifax, on being called on for the prifoiier's charafter, ftat< d, that all the time he was in '^ the floop, he confidered him a fteady, fober, attentive man, and one he c£)iJd liave entrufted on fhore. % .? Lieutenant Marfters had known the prifoner all the tinve hchad been in the Halifax ; never knew any thing againft him ; he was fober and attentive, and occafionally w'th working parties on fliora. The prifoner baring nothing further to offer, the Court adjourned, from the quarter deck, to confider of the evidence they had heard ; and, after maturely and deliberately weigh- . ing the fame, were of opinion. That the charges againft Jen- kin Ratford were proved, and adjudged him to fuffer death, by being hung at the yard arm of fuch one of His Majefty's fhips, and at fuch time, as the Commander in Chief at Hali- fax (hall dircft : which fentence, being figned by each men^- ber, and the Cour^ affcmbling again, on the quarter deck, the prifoner being brought forward, and the witneffes.and audience admitted, was read by the Judge Advocate accord- ingly. After which, the Prefident addreffed the prifoner in nearly the following words : " YOU have pow heard the awful fentence of the Court. •You liave been found guilty of dcferting from the fervice of your country, which, at all ti.nes, is highly criminal; if it was poflible to make it more fo, it is, at the prefent crifis, when Gfeat Britain is ftruggling for her very exiftence. " Your deferting from the Halifax, and entering into thc^ American Navy, has been attended with moft ferious and un- fortunate confcquences, affecting the peace of both countries. ' The offences of which you hAve been found guilty, at* ^\ ■:M ^l .■■J- .fir . ^M ,*^- i7 . ;i. '■'^C: uf fu flagrant a natunt that I cannot flatter you with the Icaft hopes of pirdon • 1, therefore, carneftly recommend your employing the (hort time you may h. e to live, in making your peace with Heaven. " All who are now prefent, and have witnefTed tin's Trial, as well as the crews of others of His Majefty's (hips, mult be convinced of tfce heinous crime of desertion ;.more partic- ularly fo, when it is attended with mutinous and contemptu- ous behaviour to your Officers. The fate of the unfortunate prifoner will, I truft, ftnk deep into your minds, and prevent the continuance of an offence fo hurtful to your country, and, difgracefui to the chara^^er of Britifh Seamen." , f \:r f On Monday morning laft, at a quarter pall nine o'clock, the fentenc'e of the Court Martial was carried into effeA at i the fore -yard arm of His Majefty's Sloop of War, Halifax. :C ;:; r-'i {[/« order that «w may ml he acciifed of JitppreJJing any part of ,'•" the Halifax Parnphletf wt have retained the remarkt which '' jli'>. -J^W'- J ,\.y r !.» - •^-»'^'" tf m WHILE the American Newfpapcrs ha\ , for two monthi pail, echoed and re-cchood the aflair of the Leopard and Chtfapeakc; while Town Meetings have been aflemblcd throughout the Union, and ftrings of Refolations framed, in which each have endeavoured to outdo the others in violence nud inveftive againft the Dritifh Navy and Government ; the Prefidcnt of the United States, inftead of difclofing the feal Uatc of fafts, which wa9 in his poffeflion, and the difclofure of which would have furnifhcd the public mind with a juft ground of thinking and adling, has, by the Proclamation he iflTued (though couched in terms of infidious moderation) mifledthe public mind ; increafed the ferment occafioned by the partial Knowledge of the fufts which led to the tranfa^lion complain- ed of, and, to ufe his Tivourite philofophical expreflion, fet all parties afloat on " the iemptjluous Sta of Liberty.** As the violence of the liorm has in fome meafure fubfided ; the Refolutions, Orations and Toafts gone harmlefsly by, it it is higlily probably that .plain, undifguifed fjiAs may now be liftened to ; and that the minds of men, which have been excited to indignant expreflions, by falfe ftatements of fadls, may fpcl the deception that has been praftiled on them, and turn with no Icfs indignation on their deceivers. If this fome- tiraes takes place in countries where the will of the people is not the fupreme law, it is much more likely to happen in a »:ountry, where all power emanates from the people ; and where Liberty is indulged to the extreme of licentioufnefs. In the Proclamation, ifTued by Mr. JefFcrfon, he ftates, ** that this enormity was not only without provocation or iuft- ifiable caufe, but was committed for the avowed purpoie of taking by force, from a ftiip of War of the United States, a part of her crew ; and that no circumftance might be wanting to mark its charafter, it had been previoufly afcertained that the feamen demanded were native citizens of the United States." Would not any perfon fuppofe, from this ftatement of the Prefident, that the conteft between the Leopard jind Chela- l\^ ^ m^: „.,.L. fS!t*;t'.":~^f«ic*r- - • — •-'^■^";''*'"" ■.■■,i;,M '. ...#i- >* » ^ ,^ 19 m It m-^ pcake, was folcly occafloncd by the demand of two or three- feamen, who before thf lailing of the Chefapoakc, had been clearly afcert»jiied to be citizens of the Uiited States ? Would it be fuppofed, for a moment, that the following Order of the Honourable Vice Admiral ISerkklby, a copy of which was delivered to Commodore Darron, could have been in his pofliffttn ? Or, can it be imagined that Commodore Barron, in making his Report to the Prefident of this tranf- <-iAion, (hould have omitted to make that Order a part of bis Report? '• ;^:-, ' ,.^ - - . BY THE HONOURABLE 41 GEORGE CRANFIELD BERKELEY, l^icf jidmiral of the H^hiiCf and Commander in Chief of His • Majejiy*s Shitt and VtfftU employed in the River St. Law- rencej along toe Coaffofrlova-Scotia, the IJlands of St. Jobn\ and Cape Breton, the Bay of Fundyt andaty and about the IJl- and of Bermudui or Somen* IJlatuU* WHEREAS many Seamen, Subjefts of Mwi Bntanmc' Majeily, and ferving in his Majefty's (hips and veflels, as per margin,* while at anchor in the Chefapeake, deferted and en- tered on board the United States frigate the Chefapeake, and openly paraded the ftreets of Norfolk, in fight of their Offi- cers Tinder the American flag, proteAed by the magifttates of the town, and the recruiting officer belonging to tbe above mentioned American frigate ; which magiftrates and naval Officer, refufed gfiving them up, although demanded by His Britannic Majefty's ConfUl, as well as the Captains of the fhips from which the faid men had deferted : The Captains und Commanded of His Majefty's fhips and veflels under mjM^ command, are, therefore, hereby required and direded, in cafe^ of meeting with the American frigate Chefapeake. at fea, and %vkhout the limits of the United States, to Jhew to the Cap- tain of her this Order, and to require to. fearch his (hip for the . deferters from the before ixientioned fhips, and to proceed and ' fearch for the fame ; and if a fimilar demand (houM be made , by the American, he is to be permitted to fearch for any de- ferters from their fervice, according to the cuftonis^nd ufage ' •I J*. ■v* Bettwfle, Bdlona, TriuAph, Chicked, 'ItttifxE, ind Zenobia* Cquttotv) , ...... : ^ , ^ «* 'm^' .- y I. ■ V?. - V ?■%;. V Ivi 1 ,<,^-J -..:*' _. iH lA- ir ' . . «ft of ctrilized nations, on tenni of pewoe ami amfty witTi each other. Civ/n umirr my Hand at H.iLirJX, /Vf^ ir- '.'..• Nova-Scotia, t/M! \/i day of June, IHOT. •' .(Signed) ' G. C. BERKELEY. '" . To The rcfprdivc Captains and Commanders of His Majefty's (hips aiid vcffcla on the North American Station. i - ** I The above Order of the Admiral, under which Capt. Hum- phreys aded, clearly (hews, that it was not two or tnrcc men he was in qucfl of, but deferters from His Majefty's (hips, Belleiile, Bcllona» Triumph, Chichefter, Halifax, and Zcuo> bia, ( Cutter. \ IHie fads developed in the intereftiog Trial of Jcnkin Rat- ford, (hew, beyond all controverfy, that defcrtions from His Majefty's (hips in the Chefapeake, h^ve been moft (hamefuUy encouraged, and that the" condud of the American Officers employed in their recruiting (ervice, has been fuch, that they have not only enlifted our men under the very eye of their Officers, but when applied to for the delivery or them, their anfwcrs lave been uniformly cvaiive and prevaricating. The Prelidcnt a(rert8, " that this enormity was without pifovocation or jufUBablc canfe,*' and adds, ** that boj^itality under fuch cifcumftances ceafes to be a duty." Thefe aflertiona we will examine feparately : — and in order completely to refute the firft, we (hall merely ftate the treat- ment which Captain Stopford, of his Majefty's (hip Chichef- ter received. Early in February, the Commandant of the American Fort * pfclfon, accompanied by a file of men, called at Captain Stop- ftird's lodgings, and ii^ormed hin^ that three men had deferted from the Fort, and were on board bis (hip, and requefted they might be delivered iip. Captain St<^ford inftantly com- plied with the requeft of the American Commandant ; fent an order to learch the (hip, and on its being reported to him that the men could not be found, he went on board himfel^ had his crew n)uftered, and the (hip fo effeAually infpede^ that two of the men were found concealed on board, and the other in a jtore-houfe contiguous. They were immediately dUivcred up to their officer, and taken to the Fott. Ao^ ik .^- «1 what linden tM» Iranfa^ion more defprving of noticct lii. that of the men drlivcrcd up, one was an Irifhman, and another a native of Manchefter. Mr. Drookt, midfhipmnn, ftating to Capt. Saunders that he ihoif^ht it wrong to deliver up thefe men, as the Americana would not deliver up Britifh defertcrs, was immediately put under arreil by Captain Stop- ford, who was determined not to be prevented by the mifcun- du6t of others, from doing what he thought was proper aud gentlemanly. Lift us now minutely attend to the condu^ of Capt. Stopford on this occaftou : Did he enter into a nice difcuf- finn of the right he had to retain thefe American defertcrs i Did he go with Mr. Madifon, into all the windings, and turnings, contained in his nonfenfical jargon of inftruAions tranfmJtted on this fubieft to Mr. Monroe ? Or, did he urge a reafon, which he might with more propriety have offered, that the men in queftion, were born in His Majefty's domiji- io.18 ? — No : he had rti jurfe to none of thefe fubterfugcs. He felt as an officer ought to feel on fuch an occasion : he honourably did as he would wi(h to be done by ; and as far as refpcdled the right thefe men might have to his pnotcftion as Britifli fubjefts, he juftly confidercd them as renegadoea, who dcferved neither the confideoce or prote^lion of either country. ' 'y ivciTtf-.. "«:>'• .:m-/y « We will now contrail the conduft of Captain Stopfonf, with the fhameful treatment he afterwards received, from tlic American govcrmcnt : When the Chichefter left the Weft-Indies, four men two belonging to the Royal Artillery, one to the 15th regiment, and one to the 37th, who had been unwell, but were getting into a ftatc of convalefcence, were fent on board her, that in a voyage to the States, their recovery might be perfe^ed. Thefe men deferted from the Chichefter, and, with their Britiih uniforms on, entered into the American fervice. They were fcen on fliore after they had entered, by the Serjeant of Marines of the Chichefter, and one of them had the impu- dence to offer to fhuke hand? with him, but he rejcfted his offer with becoming contempt. Thofe men were applied for by Capt. Douglas, the Com- manding Officer of the Squadron in the Chefapeake, and the anfwer he received was, if any fuch men had enlifled^ tbey. were gone np the country with a detachment. : --— , .\ ■> .' i,--t ■ ..) ■*r .-.'■j*. ;-^ / I \ • \ • \ i Did th« gentlemanly condiid of Captain Stopford« deftrte . Ibch a return a» tUii \ Will Mr. Jcircrfuu prctviul that fuch treatment did not furiudi jud caufe of uffvnce and provocat. tion \ If h< can reconcile fo baCe k traniadion to moderi> maxims of philofophy, wc ought to b« thankful that the plain common feafc of the cuuutry we inhabitt it iM)t yet fo |>er> ▼ertedt a^d that the terms right and > h'mdntfi^ iliU retain thtir proj>cr and apuropriate mraiiinfs* We will now notice the ca£e of the riabfax : A midfliip* nan and five men arc feut from that (hip tA> weigh the kedge anchor. Tho£e men fuddcnly take polTefliou of the boat* fcize upon their officer, whom they threaten to killtand reach the American (hore. Though the circumftances attending their dc fertion are peculiarly aggravating, yet they are ik> fuoner landed, than they ai e enUlied by the American recruit- ing officer, JLieut. Sinclair ) Lord TownAieud comes on' fliure» fees his men parading the ftreots of Norfolk, with the American flag: makes ap(4icatic» to the authority there, through the BritiHi Conful, fur the delivery of them, without eflfei^. Oi • of the men would willingly have returned witb ^m, had he not been prevented by the unfortunate man, who •n Monday lad fuiFered for his crime. He futally appHes to .Ucuteoant Sinclair, and ofiers, if permitted to ro iitto the rendezvous, to point out the men, but obtains no iatisfadtioO) •nd receives the evaiivc, prevaricating aikfwer, that he knew of no men who bad entixred, of the naoaes his JLordfhip men^ tioned. The Americtn floop of ,war, Wafp, which failed the be- ginning of June, with the Prefident's objections to the pead* jng Treaty, as an additional proof of friendly intention, car- fled with her three Diitifh dclerters. A number of men defcrted from the refpedtive (hips named in the Admiral's Order, and in no inilaoce have they been given up in <;onfequence of the applications made for them, but have been encouraged {Uid harboured in tlicir defertion, and the muft of tl\em entercdia^ihs American Naval £er- vice. ,♦" • In fhort, the defcrtions from our Squadron in the Chefa* peake have been regularly and fyflematically encouraged, and in too many inftances, has infult been added to injury. And» yet, fays Mr. Jeiferfba ** thit tmrmity yiat it/ithout ^revocation, crjujiifiable ctf«^'\^.; jfV # ei-'W .;'j*^.'*V #-**^-'?- **^ ' *• ■■•■i: -^ -. -. . \t> -.r-} ' l.'l ■ ■■ t.i. •■ <#■ Would the Commainlant of Fort Nclfon havr thought •• ■Mr. JcftVrfoii doo», if Captain Stopfnrd had rcfufcd to have ffiven up hi« dcfrrtcrt when he applied for them ? Wouli he have heen fati«fi* the C6m- mander in Oiief of Hii Majefty's Hquiidron on this ftation to purfue, but either to fuffer his (hips to be dlfmantled In the American harbours, where fuch Injidious hofpttalu^ was afford* cd them* or to take the rery ftep he did, by which he fhould not only put an immediate fttrp to the injury, but bring thia qiHilUon to a determinate iflfue between the two natioos. The theatre for the decifion of this important queHion, Avas the moft appropriate that could have been choien, th» Open Ocean ; that the appeal and the juftice of it, might cot only be made to the two Nations, but to the Univene. Ir thia Court of honour, no quibbling civilians were admitted. The complaint was ftmply dated in the Admiral^s Order, (which we have already inlferted) and tranfmitted to Com- modore Barron, with a polite note, from Captain Humphreys. To this demand Commodore Barron replies, ** I know of no fuch men as you defcribc ; the Officers that were on the rccruitiiig fervice for this fhip, were particularly inftru£te4 by the government, through me, not tti enter defertera from •His Britannic Majefty's fhips ; nor do I know of any being here." ''^ llie demand being made, and the reply given, the h€i% were completely at UTue between the parties. Aitd what was ' «'i: . v ;; *XV1 ^^■vr ,.-'f^t "■%' 4f-.siijh '1 9 *: « 5y;'-'4 .1: tf'X ■M>. fi« _ (A^ij** ' ,, *-^ 'M^js. the refult ? Thai Jenkin Ratford, a defertw from His Ma- jefty* Ship Halifax, one of the (hips named inthe Admiral's Ocder, was found on board the Chefapeake. And that Wil- liam Ware, Daniel Martin, and John Strachan, three defer- ters from Hi» M^efty's ftiip MelampuR, ^a fhip not named in the Admiral's Order, but coming withm the fpirit of it) were alfo found onboard, and very properly taken out by Cu)tain Humphreys. •■ -, i,;. , ^ How can Commodore Barron look honourfl|}ie men in the face after a difclofure like this i Jt was in the open '.ew of the Univcrfe, putting the feal to all thf* former evafive, pre- vancatitig anfwers that our Officers had received on applica- tion for their deferters : Nor can all the waters of Lethe blot out the difgracc. Ifthe American Government, had, inlincerity and good ieith iifued the order forbidding deierters from BiitiHi fhips to be enlifteC on board the Caefapeake, would not Mr. Jef- ferfon have inftantly ordered a Couct of Inquiry, to know why that order had been difobeyed, and to find out the cuU prits who had dared, by their difobedience of fo falutar^r a regulation, to involve two countries in a conteft, the great inafs of the inhabitants of which fincerely wifh to be at peace with e?ch other ? H ,8 any fuch meafure been adapted, or any difclofure of the circumftances which led to this tranfac- tion, been made by the American Government i. And are -not many of the American papers loud in their complaints, at the myfterious fecrecy obferved on this occafion ? Does it ifot look too much Ukc a defign to pufh the public mind, bli:>d folded, to extremities? . lyxK-fe^- •; " r ats***?' t*to If doubt can ftill remain in the r ind of any perfon, wheth- er Commodore B.irron- knew that the men who were tak^n out of his fhip, were Britiih deferters, we copy the follow- ing extrafts from their own voluntary confeffions : ! w^^fe't'^' Jo^n Strachan, after giving an account of his defertion from the Melampus, the firft of February, in company with Ware, Martin and Little, fays, " they went to Norfolk, where he, Martin and Ware, entered for the Chefapeake, that ue knew the faces 6f feveral Englifhmen on board the Chefapeake, but did not know their names, that Commodore Barron promt fed to proteS him,** fViiliam IVare^ fays, " that when they came before Coni- wodore Ban-on, at the Naval Yard at Wafhington, he prorrh s- :>S" till/ - iHR W ;**vt> 't. yidto.pt^MtSm, akBot^ they ttfere Jeferhrs fiwn an Engfifb Man df IVar," Jenkin Ratforii bclors Iiis execution, ackhonir^ed, * ford faid, <*-tNat at the time of their entering for t^ Chefa- peake, Lieuttrnant Sinclair aiked them if jthey hid! not- a fee- ond name." On this fngg^ftioit, Riatford altered' kia naMle to Wilfon, and - /as fo entered on tiie ChefoiMe«ke's bdokl. To this circttmiianoe it is owing, that the names of North and Saunders were n6t to be foundin the books, and to their hav- ing deferted on the paifage of the Chefapeake from Wafh- ingtoTi to Norfolk, is alfo owing that they Were not, like Rat- ford, found hid in the coal hole of that frigate. What pro- te6tion Commodore Barron, after all his promifes, afforded to thefe deluded, unhappy men, hi« own feeliiu^s mail long before this time have fuggefted to himk After the preceding ftatement of fa(fts, wc believe it will be very difikult for Mr. Jbffierfon to fatisfy »ny riaan, ** thitt this enormity ivas nvUhoid provDcation or ju/^uiife cau/eJ* We Ihall now briefly notice his other adlfei'tfan, *f that ifro/^ pitality under fueb circamfiances ceafes tc be a daty.**;fii'UHr'^'^ Af^erthe ftatemen* we have given of the treati.ietit onr Squadron received in the Chefapeake, it wiU natut ally be en- quired, " What can Mr Jefferfou mean by itofpitality ?** It IS true,' that our ihipa were furniihed with proviiiohs in the Chefapeake ; and as far as this hofpitality extended', an equiv'- alent return was conftantly made in the punftual and regular payment for thofe provifion& ^ and f.hus this account of hof- pitality, was very nearly balanced. But were thofc I'upplies to be put in competition with the daily injury received i» th** ..f* . >(, •^ ■* t V f 26 «••••••••• -•.I a' N "1. i 1 :^> •«*• ■ l«' encdttragemeht of our men to defertion ? Would Mr. JefiTer. font if invited to a banqiKt, come away very much deKghted wkh the h<^pitaltty of lus hoft, if he found that whik he was ^rtaluog oi hia mnds, he had enticed firom his duty a^vour- ite ienrant i If on remOnftritlng at the injury, he (hould bs coolly told, the hw will proted me in ytrbait I have done ; would he be able to contain his refentment ? Or wbidd be l>e very de&rou» (^ partakin|{ again of fuch hofpitaUtv i £xa£Uy refemblingthtt, is the boM*aIky that our f^ucidroo has been excluded from by the Preudent's PittclanMtion. The kindeft ftep Mr. Jefierlbn could ham taken, wovdd have been to have iffued this Proclamation fbme months ago. A number of feamen, the greateft part of whom are now la- menting their foHy in abandomng their coontry'a flag, would have been in our fervice, and the life of the unh^py man pre* ferred, whofe fate we hope will be a warning to others. While therefore it (hall be neceflary for our ihips to remain in the Chefapeake, we fincerely wifli that their communica- : tion with the Atnerican ihore may remain interdicted, and that l\ic mfchievous hofpitalky fo vaunted ofby tt^Prefident, : may continue to be withheld from them, i, >'i • ■ .>.->In the prefent eventful ftate of the world, the Britifh Na- .try, in the courfe of Providence, forms the only barrier be- . tween France and Untverfal Entire. That this barrier may . not be either weakened or deftroyed, ought not only to be the wiih of Great-Britain, but of America aUb. Their rulers -may be at pirefent fafcinated with French vi^ories, or they may be deceived by French intrigues : but if they do not .more carefully Icuk to the evils that are impending, it is highly probable, the day is not far didant, when they will feel .the effe£^s of their blindnefs and temerity. We will now clofe thefe remark j with a few observations on another expreifion in the Prefident's Proclamation, where •he fays ** it 'had been previoufly afcertained (that is, before the failing of the Chefapeake) that the feamen demanded were native «:itizens of the United States." This affertion we doubt, and for the following reafon : in looking into the official paper publiflied at Wafhtngton, after fome very indel- icate remerks, as they refpeft Mr. Erskine, the Britifh Minifter, and of the communications with him relative to Britifh deferters, it gives the defcriptions and places of birth ot William Ware, Daniel Martin, John Strachan, John I»ittle> •' > '"i^mh:!:-:^'-- #■ 67 •^•' sSju Frencis, and Ambrofe Watts* as ftat^ to the Anmieka- Covernment before the failing of the Chef«peake,by Commo- dore Barron, who* it is faid, had been direA«d to* afcertain their oiciaenfhip. That thefe defcriptions were merely taken from the declarations of the men themfelves, and' that Cctu - Soion Bnrofi, and the American Govermntnt, tooir t^ rther trouble in the buTinefs, will be rendered evident to all, who do not ohoofe to (hut their eyes by the fentence, which tmmediatety^ follows the above de(criptioR) in the >\ afhington Official Gazette, which fays, ** that the R^prtrt is in train (that is Commddore Barrrn's Report, before- dte- failing tff' the Chefapeake) to be formally verified by a recurrence to the fottrtes of evidente pointed otr, bythefeatnen refbeHi^ely.** Now can any thing be clearer^ than that' xim Report of Commodore Barron's toas not 'oerijitd befbre the failing of tKe Chefapeake ?' If it was, it s furely a woA of fupererogation to go about the vcification of it nowt The fafts, once clearly afcertained by good evidence, would l;e for ever eftab> liflied. We could ftrengthen thefe obfervations by the teili- mony of the unhappy men themfelves^ and prove, if any proof was wanting^ that Commodore Barron went through the ceremony of afkir^ them a few qneftions, and thus ended the folemn enquiry he was dire^ed to make, and on this folemn enquiry alone, rtfts^ Mr. Jefferfon's afibtion, " that it had heat frevioujly afcertained they were native chizefu." If, tbuerefore, we take this aflertion of tl» Pfeftdent, and couple it with Commodore Barron's reply to Captain HunT- phreys, and the whole train of prevarications and evaiions that have marked every ftage of .this bufmefs, we (hall find inflow little eftimatioiv the peace of the two countries has been held by the American Government. For the fa£te we have flated- fpeak forcibly to the underftanding of every man. One obfervation more, and we ihzU at prefent difmifs the fubje£t. The men whafe citizenfhip, Mr. JefFerfon attempts to ver^ ify, belonged to His Majefty'a Ihip Melampus, a fhip not , nanr^d 'u^ the Admiral's Order, under which Captain Hum- phreys ailed. And this circumftance totally deflroys the af- fertion of Mr. Jefferfon, that it was for the apprehenfion of' thofe very men this enormity was conomitted. The Melam- pus and her men were totally out of the queftion at ifTue be- tween the two fhips. It would certainly have Ihewn fome T ♦. ^.^m 4 .V)4 -^ v.V- • <»/•■ . ■ V' ■.■ ,H- r ■ \. ':■: ■■ : . '■\:- / . '. .; ■.>' '.V • ', .*" . v'i r^ --.'^v/^:. ^ ^^tr^ ' ■ ■■•.,1.^ W^*f? 4 2g «^ • ^. dibgree'of fatraeTa, if tz chii Report of QHBmo^re Bii^w^ the pedigree of John Wilfbot alitu Jenkia Ratford, Richard. Hubert, George Nurtli, and Henty Saunderst had b^n add- ed. The£ir aea all y>iied the flup at Wafhuigton> and failed . ifk her- fixKn* therice. It Ml true theti* def«rt>oa prevented ibdr c V¥H{ lound oo board the Qhefapeake } b^it .tlik dfMk n«lr irender the cpoduiWrax of this fhaqieful pretfaiicattngiteftniac* ' tion lets criminaL , We omit B^any other fa^< which mjght .be tw|r«d ^>n this' Qccaiioa ; aa they will nMre properly be conne^ed with the cafe of the unfortunr.Le men who are yet to tajM their trials. The above ftat«?»ei>t of faibs is given* not t» irritate or widep the breach between two nations^ who ought to be in amity with each other. Who, ihould'a conteft. enfue, might ^materially i«ar their mutual profperity, without ^.eriving any beneiitfrom that coBteft : but by Xpreadt ng zV. the circum<^ fiances minutely before thefxb to gi^^ all parties an opportu- nity impartially to examine the ewe ; and we are confidently perfuaded, that all candid men will at length agree with U3 ; ^that if Mr. Madii£on'$ quibbling produ&ions on the Law rfi Nations, h^d been thrown into the iire, a little fincerity and plain dealing fubilituted in the jjace of the evafions which have marked every part qf this tianfa^on, and the fame .undifg^ifed courtei'y aud hofpitality pra£lifed, which marked the condud of Captain Stopford, the harmony of the two /nations would never have been interrupted, and the commer» cial profperity of bothy gone hand in hand with each otlier. ^n MdiirAJC, SiPTSAiSSR 5, 1807' ; i« ■■»:'' ,■■■1 rM '■' ■i*' ■.- , > ■■.fi>v V'--* ' A^' '•. . ~- -v.* ^4." 'tf^ ife# ■- ■. . ^-^i^s^nm ■ I, chard wld> faikd ibtir ftnOikC* wthis' ththe rials. *teor be in might ng ariy rircum*- >portii- idently " ith U3 ; Law r>i sty and which he fame marked he two ommer- ■t V