Relations with Great Britain. III.—Correspondence on the subject of the British ship J. P. Morier, Chargé d'Affaires of His Britannic Maj- BALTIMORE, June 26, 1811. SIR: I have the honor to enclose a copy of an official letter addressed to Rear Admiral Sawyer, by Captain Bingham, commanding His Majesty's sloop the Little Belt, which contains an account of the late engagement between that ship and the American frigate, the President. In thus communicating to you, without orders from His Majesty's Government, this document, which, in the most essential part, differs so materially from that of Commodore Rodgers, I trust that this Government will receive it as a proof of the sincere desire which exists with me to open the way to an amicable arrangement of the question which may arise out of this unfortunate affair, when it shall be known to His Majesty's Government. I have the honor to be, &c. J. P. MORIER. | ty's sloop Little Belt, being of a tendency to create doubts in Great Britain as to the nature of the authority under which he acted, I willingly accept your offer of making me the same statement in a more formal manner, in order that I may transmit it to my Government to prevent all possible mistake on so important a point. The question arising out of the rencounter between the United States frigate President and His Majesty's sloop Little Belt will then remain limited to the act itself. You are already, sir, in possession of the British commander's statement of the circumstances which attended it. His account, and that of the American commodore, differ very materially with respect to some of the most important features of the transaction; but in this they agree, that the chase which brought on the action commenced on the part of Commodore Rodgers; for it cannot be maintained that the advance made by Captain Bingham for the purpose of ascertaining if the sail descried by him was His Majesty's ship Guerriere, which it Hon. JAMES MONROE, &c. appears he had orders to join, was for the purpose of chasing, even if that could be urged as a plea Mr. Monroe, Secretary of State, to Mr. Morier, Chargé by the American commander. As soon as he d'Affaires of His Britannic Majesty. found his signal unanswered, he bore away, unDEPARTMENT OF STATE, June 28, 1811. til, to his infinite surprise, he found himself the SIR: I had the honor to receive yesterday your hostile attitudes. object of the strange vessel's eager pursuit and letter of the 26th instant, communicating a state-Rodger's intention is not apparent. What could be Commodore That he ment from Captain Bingham to Admiral Sawyer, of the circumstances attending the late unfortunate encounter between the United States frigate the President and His Britannic Majesty's sloop the Little Belt. It is to be regretted that the statement made by Captain Bingham should have varied in any circumstance from that made by the commander of the American frigate. I flatter myself, with the disposition of the President, which I am authorized to express, to make it the subject of mutual and friendly explanations, that its disagreeable tendency will be obviated. I am induced to express this expectation with the more confidence, from the conciliatory manner in which you have made this communication. could not discover at the distance of seventy or flush-deck sloop, though it was but a little after one hundred yards that the ship before him was a eight o'clock on the 16th of May; that he could that his guns were double-shotted; and that, with not make out her colors at half-past six o'clock; the security he possessed from the great force and superior sailing of the ship under his command, and the circumstance of belonging to a neutral if he wished to speak the sloop, than by running nation, he did not rather hold off during the night under her stern in a menacing attitude, incur the risk of provoking a misunderstanding, must appear unaccountable to the comprehension of every unprejudiced person, and will, I am sure, sir, seem to you a sufficient reason, if there were no other, to warrant my demanding that an examination be instituted into his conduct, with a view to suitable satisfaction being afforded to His Majesty for the loss of so many of his subjects so wantonly slaughtered, and for the insult offered to his flag. But should Captain Bingham's charges be brought home to Commodore Rodgers, of his having refused to state the name of the nation he belonged to, though asked to do so on nearing each other in the dark, and of having fired a broadside into the sloop without provocation, which might at once have sunk so small a vessel, I am convinced I need only appeal to the justice of the American Government for that Government to see in its proper light the magnitude of the outrage and offer to His Majesty every reparation that can appear due. WASHINGTON, July 3, 1811. SIR: The assurances which you did me the honor to give me yesterday, verbally, that no instructions whatever had been given to Commodore Rodgers which could, under any construction, be meant to authorize his attempting to recover by force any person claimed as an impressed American citizen from on board any of His Majesty's ships of war, were amply sufficient to convey to my mind every satisfaction upon that subject; the reports, however, current in the United States, and connected with Commodore Rodgers's conduct and proceedings, as well as the It is with great pleasure, sir, that I avail myself inferences which will be drawn from the expres- of this opportunity to acknowledge the promptsions which he used to the captain of His Majes-ness with which you came forward with the as Relations with Great Britain. DEPARTMENT OF STATE, July 16, 1811. SIR: I have had the honor to receive your note respecting the late encounter between the American frigate the President and His Britannic Majesty's sloop of war the Little Belt. It is very satisfactory to find that you received the communication which I had the honor to make to you in our first interview, on the subject of your inquiry relative to that unfortunate occurrence, in the amicable spirit it was intended. Although the excitement which had been produced by previous and recent aggressions, particularly by the impressment of American citizens from American vessels, even on the coast of the United States, was great, yet no order had been given by the Government for the recovery by force of any citizen so impressed from any British ship of war. The orders given to the commanders of the frigates and other armed vessels of the United States, were for the protection of their coast and of their commerce within the legitimate limits. I need not repeat to you, sir, the sincere regret of this Government that such an encounter took place, and more especially that it should have produced the unfortunate consequences which attended it. I have the honor to be, &c. JAMES MONROE. AUGUSTUS J. FOSTER, Esq., &c. Mr. Foster to Mr. Monroe. WASHINGTON, July 24, 1811. SIR: I have had the honor to receive your letter dated on the 16th instant, in answer to mine of the 3d, in which I expressed a desire to have stated in a more formal manner your denial to me of orders having been given to Commodore Rodgers which could, under any construction, authorize that commander to attack any of His Majesty's ships of war in search of any person claimed as an American seaman, and in which I also demanded that an examination should be instituted into that officer's conduct, with a view to suitable reparation to His Majesty for what appears a wanton and unprovoked attack made by the frigate under his command upon His Majesty's sloop of war the Little Belt. The denial I asked for you have given me; and I beg to assure you, sir, that though I have troubled you with the demand, because the extensiveness of the rumor which had attributed such orders to the American Government had made it my duty so to do, yet I never entertained an idea for one moment that the Government of the United States could have issued such orders, because they must have been conssdered as manifestations of direct intentions of hostility, which would have been incompatible with the relations of amity subsisting between America and Great Britain. On such a point, sir, a simple denial was all I asked, and what I expected to receive. It was, therefore, with pain that I found you had connected it with allusions to other topics calculated to produce irritation, on which, whatever complaints you may have to make to me, I shall be ever ready to receive and forward them for redress to the Commander-in-Chief of His Majesty's naval forces at Halifax, or to His Majesty's Government; but the mentioning of which in your note in answer to mine on a distinct subject of the most serious importance, you will pardon me if I must consider it as matter of regret, especially as you wished me to receive the communication you made me as given in an amicable spirit. Moreover, from the tenor of the part of your letter in which you have connected the question of impressment with that of an attack on a British ship of war, an inference is forced upon me which you surely could never have meant me to draw, but which, nevertheless, the passage conveys, namely, that although the Government of the United States had not given orders for the recovery by force of any American citizen claimed from a British national ship, they still maintain they might have been justified in so doing. The right of searching a ship of war has been so positively disavowed on the part of His Majesty's Government, and so disclaimed by that of America, that I could not have expected any doubts would ever again have been thrown on the matter; and yet the language of your letter, until it is explained, will certainly authorize such doubts, as far as relates to the American Government. I have no answer at all from you, sir, to my demand for an inquiry being instituted into the conduct of Captain Rodgers. This omission has occasioned to me the more surprise, because, in addition to there appearing to be no cause why the Government of America should decline to listen to so just a demand on my part, there seemed to be every reason why they should, even for their own satisfaction, have desired to clear up the circumstances of his most extraordinary proceeding. I will, indeed, frankly own to you that I did think, on reaching this city, to have found that officer's conduct already, by the spontaneous act of the Government of the United States, undergoing an examination, instead of hearing that he had been sent immediately to sea again, which seemed to denote an approbation of his behaviour; and I thought I could more rely on this being the course the President would have pursued, from a consideration of that which his Majesty's Gorernment had taken in the case of the Chesapeake, when every reparation practicable at the instant the intelligence reached London of that unfortunate event was made to you, sir, promptly and unasked for. I feel the more regret, sir, at the course taken Relations with Great Britain. by just reparation, the necessary tendency of such an event to disturb the friendship subsisting between the two States; and this expectation was the more natural, from the example afforded by His Majesty's Government in the case of the Chesapeake. by your Government in this affair, because I have can Government would have manifested a prompt been necessarily obliged in consequence to sus-disposition to obviate, by an early disavowal and pend carrying into execution that part of my instructions by which I was directed immediately on my arrival here to offer such further reparation for the attack on the Chesapeake frigate as would. I am convinced, have proved satisfactory. I had the honor to state to you, in our first interview, that I had such instructions, although I omitted to mention it in my note, because, as you may remember, I expressed to you at the time, it seemed to me the American Government might feel more free to act as the justice of the case required, if the two subjects were kept unconnected; and in this opinion I thought you appeared to concur. I have the honor to be, &c. AUGUSTUS J. FOSTER. HOD. JAMES MONROE, Sec. State. Mr. Foster to Mr. Monroe. PHILADELPHIA, Sept. 4, 1811. Such, however, having not been the case, I am commanded by His Royal Highness to lose no time in communicating to you the papers enclosed, which explain in the fullest manner the circumstances of the transaction, and the very great extent of the outrage committed, by which so many valuable lives were sacrificed, and in demanding the immediate disavowal on the part of the United States of the act of aggression committed against His Majesty's ship, as also in requiring a just reparation of the injury received. I have the honor to be, &c. AUGUSTUS J. FOSTER. SIR: I have now, by an express messenger from [The following documents were enclosed in Mr. Fos England, received the commands of His Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty, relative to the late violent aggression committed by the United States frigate the President on His Majesty's ship Little Belt, and I have the honor of communicating to you the enclosed documents which have been transmitted to me by my Government to be laid before that of the United States, comprehending a copy of a letter from Lord James Townshend, commanding officer at Halifax, dated May 30, 1811, (1;) enclosing a statement of the action by the officers of the Little Belt, (2) the report of the Commissioner of His Majesty's Navy Board at Halifax, in respect to the damage done the Little Belt, (3;) a copy of Rear Admiral Sawyer's letter, (4;) enclosing his instructions to Captain Bingham, (5;) as well as a list of the killed and wounded on board the sloop of war, (6;) and, finally, a copy of the correspondence on the subject which took place between the Marquis Wellesley and Mr. Smith, American Chargé d'Affaires in London, (7,8;) of that of Captain Bingham's official letter you are already in possession. In communicating to you, sir, these documents, I am particularly directed to call your attention to the instructions of Admiral Sawyer, which furnish the strongest evidence of the pacific and friendly intentions of His Majesty's Government towards this country. The very pointed manner in which the commander-in-chief on the Halifax station had enjoined Captain Bingham to avoid giving offence to the Government or subjects of the United States is of itself presumptive proof of the truth of that officer's statement, even if there were not such strong evidence as appears from the deposition of the different officers on board His Majesty's ship, as to the action having been commenced by Captain Rodgers. His Majesty's Government were entitled to expect, as I have had already the honor to observe to you, sir, in my former letter, that the Ameri ter's note of September 4, 1811.] No. 1. HIS MAJESTY'S SHIP EOLUS, Halifax Harbor, May 30, 1811. SIR: As it may be of material consequence that His Majesty's Government should have the earliest information of a circumstance that has taken place on this coast, I have forwarded, and request you will lay before my Lords Commissioners of the Admiralty, the copy of a letter which Captain Bingham, of His Majesty's sloop Little Belt, has sent to Rear Admiral Sawyer, recounting a severe action which took place on the evening of the 16th instant between that ship and the United States' frigate President. After having considered the whole circumstance, and judging it advisable to procure the strongest documents in my power for their Lordships' information, (the Commander-in-Chief not having returned to Bermuda,) I have caused depositions to be taken of all the commissioned officers of the Little Belt respecting the unpleasant business, which I herewith enclose. I am, sir, &c. J. TOWNSHEND. To. J. W. CROKER, Esq., Admiralty. No. 2. The officers of His Majesty's sloop Little Belt. Statement of the action between that sloop and the United States' frigate President, on the evening of the 16th instant, taken before The Right Honorable Lord James Townshend, Captain of His Majesty's ship Eolus, a senior officer at Halifax, Nova Scotia; Charles John Austin, Esq., Captain of His Majesty's ship Cleopatra; and Alexander Gordon, Esq., Commander of His Majesty's sloop Rattler. Lieutenant Moberly, senior lieutenant, states, that, on the 16th instant, while cruising off the coast of America, Cape Charles bearing west 54 miles, at 11 A. M. saw a strange sail; that she was a lugger, was reported from the mast head, Relations with Great Britain. on the starboard beam; we then steering S. S. the private signal, our number also, 275, neither W. the wind aft, or a little on the starboard quar- of which she answered; observed her to have a ter, on which took in our studding sails, and blue broad pennant at her mast head. At 2 wore hauled our wind for her on the starboard tack; ship, and steered our course south; hoisted our shortly after made her out to be a ship. At 2 30 colors; observed her to be in chase of us; supP. M., having then made out the chase to be a posed her to be an American frigate; cleared ship frigate, with a commodore's broad pennant flying, for action. At 5 beat for quarters a second time; being then about six miles distance, and not hav- double shotted the guns, and double breached ing answered any of our signals, viz: 275 private those that were bad. At 7 30 shortened sail and signal and our number, concluded her to be the hove to, as she was coming up with us very fast; American frigate United States; showed our col- hoisted our colors; observed the stars in his broad ors, and steered our course south; set studding pennant; wore ship three or four times, to prevent sail. At 5 o'clock observed the frigate make all his passing under our stern, which he evidently sail, and to keep more away for us. At 7, found intended. At 8 hailed her, when on the starboard she was gaining on us fast. Captain Bingham beam, but received no answer; wore ship. At then thinking it best to speak her before dark, 8 10 she hauled her foresail up and hove to, withshortened sail and hove to, colors up. We then in half pistol-shot of our weather beam. Captain making out her stars in her broad pennant, beat to Bingham, standing on the gun abaft the larboard quarters, and got all clear for action a second gangway, hailed the ship, ahoy! which words time, having beat before at 2 P. M.: double shot- were repeated. Captain Bingham hailed again, ted and double breached the guns. At 7 50, ob- what ship is that? which was again also repeated, served the frigate to have shortened sail to top-word for word, and she immediately fired a broadsails, topgallantsails, and jib, and standing down, side. Captain Bingham jumped off the gun and as if with an intention of passing under our stern; gave orders to fire, which we did instantly, the wore twice to evade this. Captain Bingham captains of the guns standing with the lanyards hailed, and was not answered: wore again. The of the locks in their hands, and the guns pointed frigate then hove to, close to us, on the larboard at her; continued firing about an hour, when she beam. Captain Bingham hailed the ship, ahoy! ceased, and hailed us, what ship is that? Capwhich was repeated word for word by the frigate, tain Bingham replied, His Majesty's ship Little Captain Bingham asked what ship that was, Belt several times before he understood us. He which was also repeated as before; and, on asking then asked what ship that was? They answered, a second time, was answered by a broadside. the United States frigate (the name we did Captain Bingham was then standing on the mid- not understand,) and asked if our colors were ship gun, jumped off, and gave orders to fire, down? Captain Bingham answered no. He then which was done in less than a minute after her filled on the starboard tack. We very soon lost first fire; we being quite ready, guns pointed, and sight of her; continued all night refitting; at continued firing for about an hour, when the frig- daylight observed her lying to windward about ate ceased firing, and hailed us to know what ship eight or ten miles. About 6 she bore down under this was. Captain Bingham answered, His Ma-her topsails and foresail. At 8 he hailed, ship jesty's ship Little Belt several times before he understood us. He then asked if our colors were down. No, was Captain Bingham's answer. Captain Bingham then hailed to know what ship that was; and was answered the United States' frigate (the name we could not understand.) In the mean time the frigate had filled, and was standing from us. A short time after lost sight of her; hove to in the night, having no sail to set. At daylight saw a sail to windward; made her out to be the same ship we had engaged. At 6 she bore up for us under easy sail; at 8 she passed within hail; asked permission to send a boat on board, which was granted. Boat came on board, staid ten minutes, then returned; understood the frigate to be the President. belonging to the United States, Commodore Rodgers. Observed the President to fill, and stand on the starboard tack under her topsails. Lieutenant Thomas Levell states, that, on May 16, 1811, at 11 A. M., saw a strange sail from the mast head, which was reported to be a lugger, having her main topgallantsail hauled fore, and mizzen set. We were then going nearly before the wind, turned the hands up, took in studding sails, and made sail in chase on the starboard | tack. At 1 30 observed her to be a frigate, made ahoy! I'll send a boat on board, if you please, sir. Very well, sir, was Captain Bingham's answer. The boat came on board, and remained about ten minutes or a quarter of an hour, after which he wore, and stood to the westward under his topsails. Latitude 36° 53',longitude 71° 49′; Cape Charles bearing west 50 miles. Mr. James Franklin, boatswain, states, at half past 6 o'clock observed the frigate coming up under studding sails on both sides; about half past 7 shortened sail and brought to; hoisted the colors; at a quarter before 8 hailed; no answer; wore ship. About two minutes before 8 the ship was hailed; the Captain's words were repeated twice, without making any answer; then he fired a whole broadside; about a minute returned a broadside from us; continued firing for about an hour, and then he ceased firing and hailed, and asked what ship this was, and he was answered by the Captain the Little Belt; and he then asked if the colors were down; the answer was, no; and I heard the Captain say they should not come down, and ordered the starboard guns to be manned; then the Captain hailed to know what ship that was; being under the forecastle, wounded, I could not hear the answer. I then came down below, and there was no more firing after. Relations with Great Britain. on that ship by the United States' frigate President, have received the above as a true statement of all the occurrences. In witness whereof, we have hereunto set our CHARLES JOHN AUSTIN, No. 3. Commissioner Inglefield to the Navy Board. GENTLEMEN: I acquaint the Board that His Majesty's sloop the Little Belt returned to this port 16th instant, off the Chesapeake, had an action on Sunday last almost a wreck, having, on the which lasted three quarters of an hour, with the American frigate President, one of their heaviest ships, carrying upwards of fifty guns. Mr. Hinshelwood, purser, states, that, on the 16th instant, at 11 A. M. saw a strange sail; made sail in chase of her; at 1 30 observed her to be a frigate, made the private signal, our number, and 275, neither of which was answered. At 2 made out a commodore's broad pennant, apparently an American; cleared for quarters; observed the frigate to be in chase of us. At 5 beat to quarters a second time; at 7 30 hove to, and hoisted our colors; at 8 hailed her; no answer; wore ship; at 8 10 she hove to, close to windward of us. Captain Bingham, standing on the gun abaft the larboard gangway, hailed, ahoy, the ship! which they repeated. Captain Bingham asked, what ship is that? which was also repeated, and immediately gave us a broadside, commencing firing from the midships of the deck. Captain Bing ham jumped off the gun and gave orders to fire, which was instantly done; continued firing about an hour; observed the frigate to leave off firing; she hailed at the same time, and asked what ship this was? Captain Bingham answered, His Brit-amine her defects, I received from him the report annic Majesty's ship Little Belt, six or seven times before they understood. He then asked it our colors were down; to which Captain Bingham answered no, and asked what ship that was; she answered, the United States' ship, (the name we could not understand.) She then made sail. At daylight observed her to windward; at 6 she bore down; at 8 passed within hail; hailed the ship, and said he would send a boat on board, if Captain Bingham pleased; a boat came on board, and remained about a quarter of an hour. She then made sail to the westward. Having directed the master shipwright to ex which is herewith enclosed for the information T. N. INGLEFIELD. Mr. William Turner, surgeon, states, that, when steering to the southward from off New York, on Report and state May 16th, 1811, at 11 A. M., a strange sail was reported to the westward, which was immediately given chase to. On nearing, observed her to be a frigate standing to the eastward, with an American broad pennant at her main-topgallant-mast head. We then resumed our course to the southward, and showed the ensign and penant; stranger observed shortly after to change her course to join us, when the Little Belt made more sail; strange frigate did the same; finding the stranger joined us fast, prepared for action; shortened sail and hove to, some time before sunset; immediately after the Little Belt hove to; the strange frigate shortened sail, coming down very slow. I shortly after went below. At ten minutes past 8 o'clock, P. M. Captain Bingham hailed the stranger twice very loudly, but received no answer. About five minutes after Captain Bingham again hailed, and was answered by the frigate, to what purport I could not distinctly understand. Captain Bingham again hailed twice, and immedately heard the frigate fire, and the whole passed over us. I then distinctly heard Captain Bingham give orders to fire away; we returned our broadside within the space of twenty seconds. The action continued with great vigor for about forty-five minutes, to the best of my judgment. of the condition of His Majesty's sloop Little Belt. HALIFAX YARD, May 28, 1811. The short plank abaft the after-port, with top timbers, spirketting and quick work above the spirketting of the larboard side much damaged by shot; the strings and sheer strakes of each side shot away in midships, and abreast of the fore channels of the larboard side; the gunwales and a part of the hammock staunchion boards and rails in midships shot away; several of the fore and main chains and bolts of do. shot away; the top timbers and strings in the way of the fore channels, and iron standards, and larboard main belt shot away; several of the port timbers and lower hanging ports of the larboard side much damaged by shot; part of the waterways, spirketting, and oakwork of the upper deck and timbers in the way of do. much damaged by shot; part of the wales of the larboard side and the plank of the topsides much damaged by shot; a number of shot holes at load water mark and below do; part of the copper damaged; the midship port timber damaged; one beam and several planks of the poop deck much damaged by shot; one pump between decks shot through; the plank under the clamps much damaged; gun room and cabin skylights much damaged; one bumkin wanted; cabWe, the undersigned, having duly examined ins in want of repair; new tin work in the galley the officers herein named, belonging to His Majes-wanted; two planks in the upper deck decayed, ty's sloop Little Belt, respecting the attack made and want shifting; several shot racks wanting; |