Relations with Great Britain. bowsprit shot through in the wake of the gam- WM. HUGHES, Master Shipwright. No. 4. do From Rear Admiral Sawyer to J. W. Croker, Esq. AT BERMUDA, June 11, 1811. SIR: Enclosed I transmit to you, for the information of the Lords Commissioners of the Admiralty, a copy of a letter from Captain Arthur Batt Bingham, commander of His Majesty's sloop Little Belt, received this day from Lord James Townshend, captain of His Majesty's ship Eolus, and senior officer at Halifax, by which their Lordships will perceive he was attacked on the evening of May 16 last, when cruising between Cape Henry and Cape Hatteras, by the United States' frigate the President, of forty-four guns, commanded by Commodore Rogers, and that, after a close action of three-quarters of an hour, the American ship made sail from him. for your further proceeding. Should you not meet the Guerriere off Charleston, you will stand to the Northward, and use your utmost endeavors to join him off the Capes of Virginia or off New York; and, in the event of not meeting the Guerriere, you will cruise as long as your provisions, and water will last, and then repair to Halifax for further orders. You are to pay due regard to protecting the trade of His Majesty's subjects, and the capture or destruction of the ships of the enemy. You are to be particularly careful not to give any just cause of offence to the Govern ment or subjects of the United States of America, to give very particular orders to this effect to the officers you may have occasson to send on board ships under the American flag. You are not to anchor in any of the American ports but in case of absolute necessity; and then put to sea again as soon as possible. Given under my hand at Bermuda, this 19th of April, 1811. HERBERT SAWYER. By command of the Rear Admiral: H. W. SOMERVILLE. To ARTHUR BATT BINGHAM. Return of officers, petty officers, seamen, and marines, Killed.-Mr Samuel Woodward, midshipman ; Charles Bennett, captain foretop; Jacob Greaves, carpenter's crew, William Sheppard, gunner's mate; George Wilson, able seaman; Robert Liversage, able seaman; James Grey, ordinary seaman ; Robert Harwood, ordinary seaman; John Pardoe, private marine. Captain Bingham's modest but full and clear statement, renders any comment from me unnecessary; and I have only to admire the extraordinary bravery and firmness with which himself, his officers, and ship's company supported the honor of the British flag, when opposed to such Dangerously wounded.-Daniel Kilham, lieuan immense superiority of force. I have how-tenant marines, died ten hours after the action; ever, deeply to lament the number of valuable Robert Coody, ordinary seaman, died twenty British seamen and royal marines, who have been hours after the action; John Randall, able seaeither killed or wounded on this unexpected oc- man, ditto, ditto; Nicholas Manager, gunner's casion; a list of whose names is also enclosed, crew, ditto, ditto. together with a copy of my order, under which Captain Bingham was cruising. I have the honor to be, &c. H. SAWYER, Rear Admiral. Rear Admiral Sawyer's instructions to Captain Bing- You are required and directed to put to sea in His Majesty's sloop under your command, and to proceed without loss of time off Charleston, where you may expect to meet Captain Pechell, in the Guerriere, to whom you will deliver the packet you will herewith receive, and follow his orders Severely wounded.-Mr. J. McQueen, acting master; James Dunn, (2) captain maintop; James Lawrence, able seaman; John Richards, able seaman; Thomas Ives, able seaman; Michael Skinners, lieutenant marines; William Fern, boy; David Dowd, marine; William Harold, marine. Slightly wonnded.-Mr. James Franklin, boatSwain; Mr. Benjamin Angel, carpenter; Peter McCashell, captain mast; William Andrews, ordinary seaman; William Western, boy; Edward Graham, able seaman; George Delany, able seaman; George Roberts, boy; George Shoard, marine; Daniel Long, marine. A. B. BINGHAM, Captain. Mr. Monroe to Mr. Foster. Relations with Great Britain. between the United States' frigate the President and His Britannic Majesty's ship Little Belt, which I have laid before the President of the United States. In the first interview which took place between us after your arrival at Washington, I stated explicitly that no instruction had been given to take any seamen from on board a British ship of war, nor any order whatever of a hostile nature. I made the same declaration afterwards, at your request, in a more formal manner; and it is with the same frankness that I now again repeat it. Such a declaration was deemed proper, in order to obviate misapprehensions which might obstruct any conciliatory and satisfactory propositions with which you might be charged. It was in conformity also with the candor and friendly policy which have been shown by this Government in all its transactions with Great Britain. If the answer to your former letter was limited to this avowal of hostile intentions on the part of this Government, it need scarcely be remarked, that no further view of the subject could then, nor as yet can, be entered into, on the demand of the British Government, without forgetting an essential preliminary to such a demand. The result of this inquiry, which was conducted in public, in a manner the most fair and impartial, and established by the concurrent testimony of all the officers of the American ship, and of others whom it was proper to summon, cannot, it is presumed, leave a doubt in the mind of any one that Captain Bingham made the attack, and without a justifiable cause. That Commodore Rodgers pursued a vessel, which had at first pursued him, and hailed her as soon as he approached within suitable distance, are circumstances which can be of no avail to Captain Bingham. The United States have a right to know the national character of the armed ships which hover on their coast, and whether they visit it with friendly or illicit views; it is a right inseparable from the sovereignty of every independent State, and intimately connected with their tranquillity and peace. All nations exercise it, and none with more rigor, at a greater distance from the coast, than Great Britain herself, nor any on more justifiable grounds than the United States. In addition to the considerations which have recommended this precaution to other Powers, it is rendered of more importance to the United States, by the practice of armed vessels from It might be added that, with the circumstances the West Indies in visiting our coast for unauthorof the transaction, as officially before this Gov-ized and even piratical purposes. Instances have ernment, the true ground on which it claimed attention was that of a violent aggression by a British on an American ship, in a situation and manner authorizing the strongest appeal to the British Government for redress. If an instant representation and demand to that effect were not made, it was a proof only that this Government permitted the event of the encounter to temper the feelings and retard the complaint, prompted by the origin and character of it. It is not seen without surprise that the case of the Chesapeake is cited as an example supporting a demand of reparation in the present case. No other remark will be made than that the fifth year is now elapsing without reparation in that case, although so palpably and even confessedly due to the rights of the United States and the honor of their flag. In the instruction to Captain Bingham, thus frankly communicated, the President sees a token of amity and conciliation which, if pursued in the extent corresponding with that in which these sentiments are entertained by the United States, must hasten a termination of every controversy which has so long subsisted between the two countries. I have the honor to be, &c. JAMES MONROE. AUGUSTUS J. FOSTER, Esq., &c. Mr. Monroe to Mr. Foster. DEPARTMENT OF STATE, Oct. 11, 1811. I have the honor to transmit to you a copy of the proceedings of a court of inquiry, held by order of the President, on the conduct of Commodore Rodgers, in the late encounter between a frigate of the United Slates, the President, and His Britannic Majesty's ship the Little Belt. also occurred, in which the commanders of British ships of war, after impressing seamen from American vessels, have concealed their names, and the names of their ships, whereby an application to their Government for the reparation due for such outrages, with the requisite certainty, is rendered impracticable. For these reasons the conduct of Commodore Rodgers, in approaching the Little Belt, to make the necessary inquiries, and exchange a friendly salute, was strictly correct. The President, therefore, can regard the act of Captain Bingham no otherwise than as a hostile aggression on the flag of the United States, and he is persuaded that His Britannic Majesty, viewing it in the same light, will bestow on it the attention which it merits. I have the honor to be, &c. JAMES MONROE. AUGUSTUS J. FOSTER, Esq., &c. Proceedings of a Court of Inquiry convened on board a Captain in the Navy of the U. S. Whereas it doth appear, by a letter from John Rodgers, Esq., a Captain in the Navy of the United States, and commanding the United States' frigate the President, to me addressed, bearing date off Sandy Hook, May 23, 1811, a copy of which is hereunto annexed, that, on the night of the 16th day of May, 1811, a shot was fired from a vessel of war called the Little or Lille Belt, commanded by a certain A. B. Bingham, Captain, and belonging to the Navy of His Britannic Majesty, at the said frigate the President, without any previous provocation or justifiable cause: Relations with Great Britain. And whereas the United States are at peace with Great Britain, and wish to maintain the relation of peace inviolate; and whereas this act of Captain Bingham can be considered in no other light than as an act of hostility unprovoked, and an insult offered to the flag of the United States: Now, therefore, for the more perfect information of the Government of the United States in the premises, I do hereby authorize and require you to convene a Court of Inquiry, to consist of yourself, as President, and the members named below; to hold their sessions at such time and place as may be most suitable and convenient; to call before them all officers and others whose presence may be deemed necessary; to examine minutely into every circumstance stated in the letter of John Rodgers, Esq., annexed; to take all the testimony that can, in any manner or degree, elucidate facts; and to state to me all the facts that shall be disclosed, in order that such proceedings may thereupon be had as may appear to be right and proper. Of this court you will appoint Nathan Sanford, Esq., the Judge Advocate. Given under my hand, and the seal of the Navy Department of the United States, this 24th day of July, 1811. PAUL HAMILTON, Secretary of the Navy U. S. CHAS. STEWART,Esqrs., Captains, U. S. N. ISAAC CHAUNCEY, S NATHAN SANFORD, Esq., Judge Advocate. Present: Com. STEPHEN DECATUR, President; Capt. CHARLES STEWART, Capt. ISAAC CRAUN CEY, members. Mr. SANFORD being unable, from the bad state of his health, to act as Judge Advocate, the court, at the request of the Secretary of the Navy, appointed WILLIAM PAULDING, jun., Adjutant General of the State of New York, their Judge Advocate, who thereupon administered to the members thereof the oath prescribed by the articles of war: after which, the President of the court administered to the Judge Advocate the oath by the said articles prescribed. The court having appointed JOHN HEATH, lieutenant of marines, their Provost Marshal, adjourned to meet at the same place to-morrow morning, at 11 o'clock. SATURDAY, August 31, 1811. The court met pursuant to adjournment: Present, Commodore Stephen Decatur, President; Captain Charles Stewart, Captain Isaac Chauncey, members. The minutes of the proceedings of yesterday were read, and approved of by the court. CHARLES LUDLOW, Esq., was sworn by the court as a witness. Question by the Judge Advocate. Were you on board the United States' frigate the President at the time of the action, on the evening of the 16th of May last, between her and His Britannic Majesty's ship the Lille or Little Belt. Answer. Yes. Question by the Judge Advocate. What was your station on board the said frigate the President, at the time of the action aforesaid? Answer. Acting Captain, with the rank of master commandant. Question by the Judge Advocate. When and where did you first discover the Little Belt, and what were the circumstances which occurred from the time you perceived her until the termination of the said action? Answer. On the 16th day of May last, at meridian, there were discovered from_the_masthead of the United States' frigate the President several sail in the east, of which the Little Belt must have been one. We were then in seventeen fathoms water, Cape Henry bearing southwest, distant fourteen or fifteen leagues. At half-past one, P. M., from the deck of the President, we discovered the Little Belt to be a square-rigged vessel, standing for us under a press of sail; we being then upon a wind standing to the southward, and eastward and the Little Belt bearing east by south. About five minutes after, she settled her royals, and showed signals, which she kept flying for several minutes; when Commodore Rodgers gave orders to hoist the colors, and to clear the deck. When the Little Belt hauled down her signals, she wore, and stood to the southward, and set her larboard topgallant studding sails and upper staysails. About a quarter past two, P. M., Commodore Rodgers ordered to beat to quarters; then we kept the President good full. At four, P. M., the wind became very light, the Little Belt then bearing about south-southeast, thirteen miles from us, when we set our upper stay-sails and larboard Little Belt set her lower studding sails; we were topgallant studding sails; about this time the then steering about south. About five, P. M., we set our larboard lower studding sail; the Little Belt bearing about south-southeast; a very light air from north-northeast; we were then going from four to five knots. About six, P. M., the Little Belt set her starboard topgallant studding sails, and hauled up about a point, steering south. At seven, P. M., or a little after, the Little Belt took in her sudding sails, and, ten or fifteen minutes after, she hove to on the starboard tack. At halfpast seven, P. M., we took in our studding sails, royals, and stay-sails; at which hour, for the first time, I saw colors flying on board the Little Belt, but I could not tell to what nation she belonged. At eight, P. M., we hauled the foresail up, and about a quarter of an hour afterwards Commodore Rodgers gave me orders to take a position on the weather quarter of the Little Belt, at speaking; distance while we were running down for her, she wore several times. At half-past eight, P. M., we rounded her on her weather beam, within speaking distance; she then laying with her maintopsail to the mast. While rounding to, Commodore Rodgers hailed the Little Belt, saying "what ship is that?" to which I did not hear any answer. Some moments after the Relations with Great Britain. Commodore again hailed the Little Belt, saying "what ship is that?" but previously to the second hail, Commodore Rodgers observed to me the ship was forging too fast ahead. While the Commodore was hailing the second time, I was attending to have the jib and mizzen brailed up, and backing the mizzen topsail, and was then standing on the gratings of the after-hatch, looking at the mizzen topsail, with my back to the Little Belt. At the time of the second hail of Commodore Rodgers, a gun was fired, but, from my position, I could not see from what ship the shot was fired; but my impression was, from the report of the gun, and not feeling any jar, that it came from the Little Belt. Immediately after I heard the report of the said gun, and while in the act of ordering the men from the braces to their quarters, I heard some person sing out "she has fired into us," and instantaneously a gun went off from the President's gun deck; the Commodore was then standing in the gangway. The gun from the President was scarcely fired, when three guns were fired from the Little Belt, in quick succession, accompanied with musketry. The Commodore then gave some orders, the purport of which I did not distinctly hear; but the President then commenced firing. After firing from her about two minutes, I remarked to Commodore Rodgers we were firing too high. The Commodore then directed me to go upon the gun-deck, and to give orders to fire low and two round shot. After giving the said orders, I had time to stay and see one gun pointed and fired, and then returned to the hatchway, and repeated the order to fire low; and immediately after was returning to the quarter-deck, when I received an order from the Commodore, by the sailingmaster, to cease firing, which order was obeyed. I then gave orders to load the guns and run them out, and then repaired to the quarter-deck. As soon as I got on the quarter-deck, the Little Belt recommenced firing, which was returned immediately by the President, and continued a few minutes; when I received an order from Commodore Rodgers to cease firing, as he said some accident had happened to the Little Belt, her bow then bearing directly on the President's broadside, and she (the Little Belt) apparently ungovernable. It was at this time that Commodore Rodgers remarked that she (the Little Belt) must have received some unfortunate shot at the commencement of the action, or that she must be a vessel of force very inferior to what we had taken her for. About this time I observed the gaff of the Little Belt was down, mizzen topsail-yard on the cap, and, I believe, the main topsail-yard also. I did not then perceive any colors flying. I then went forward to have the pumps sounded, when I heard some hailing. After I had attended to my duty, I returned aft, at which time the Little Belt was steering to the southward and eastward, and the President was lying to. About nine o'clock, P. M., we took in topgallant sails, and lay to with the mizzen topsail back, and head to the northward and westward. At this time I received orders, to pre pare for tacking, when I replied that the main and cross-jack braces were shot away; the Commodore then gave orders to repair damages. About a quarter before eleven o'clock at night, having lost sight of the Little Belt, we wore to the southward and eastward, and filled away, the wind being about northeast, and something fresher than it had been; about forty minutes after midnight we backed the mizzen topsail, and lay to during the remainder of the night. At sunrise we discovered the Little Belt on our leebeam, bearing nearly south-southwest, distant about eight miles; we set the foresail, and bore up for her; shortly after our bearing up for her, she took all her sails in except the main topsail, and was employed unbending them. At eight in the morning we hove to under her lee-beam, hailed her, and sent our boat aboard with Lieutenant Creighton; on his return, at nine o'clock, he reported her to be the British ship of war Little Belt, commanded by Captain Bingham. We then hoisted our boat up, and stood by the wind to the northward and westward; moderate breezes and clear weather. Question by a member of the court. Have you seen Commodore Rodgers's official letter to the Secretary of the Navy, dated off Sandy Hook, on the 23d day of May last, relative to the action with the Little Belt? Answer. Yes. Question by a member of the court. Are there any circumstances stated in that letter which you know to be incorrect? Answer. There are none. Question by Commodore Rodgers. How long do you suppose the firing between the President and the Little Belt continued? Answer. Including the interval previously mentioned, from fourteen to eighteen minutes. Question by Commodore Rodgers. Was the President at any time during the rencounter on fire? Answer. Not to my knowledge. Question by Commodore Rodgers. Did the President sheer off with a view to avoid the Little Belt, at any time during the action? Answer. No. Question by Commodore Rodgers. After the Little Belt's fire was silenced, did Commodore Rodgers appear anxious to prevent further injury being done her? Answer. Yes, both times. Question by Commodore Rodgers. Were there any other than round or grape shot fired at the Little Belt? Answer. There were none other fired; we had no other than round and grape shot on deck. Question by Commodore Rodgers. In the position the two ships were at the time Commodore Rodgers gave orders the second time to cease firing, what would, in your opinion, have been the effect of another broadside from the President? Answer. More injurious than any the Little Belt had received; probably it would have sunk her. The court adjourned to meet again at the Relations with Great Britain. Answer. I was not. Question. At the time you heard the report of the said gun, had any gun been fired from the division you then commanded, or had any provocation been given by Commodore Rodgers to the Captain of the Little Belt. Answer. No gun had then been fired from my division, neither had any provocation been given by Commodore Rodgers to the Captain of the Little Belt. Question. During the chase of the Little Belt, or at any time previous to your coming up with her, what were the orders given by Commodore Rodgers with respect to firing? Answer. The Commodore called me to him, and directed me to see the locks of the guns of the fourth division half cocked, and the aprons laid on; and remarked to me, that he would not, Question. Do you hold any, and what, post on for any consideration, have any accident happen, board the said frigate, the President? Anwser. Yes, first lieutenant, Question. Where were you quartered on board the President the night of the action ? Answer. At the fourth division, on the upper deck. Question. At what time did you discover the Little Belt, and how did she bear? Answer. At half past one P. M. on the day of the action, I discovered the Little Belt, she then bearing three or four points on our weather bow. Question. At what time did you discover the Little Belt to be a man of war, and how were both ships steering at that time? Answer. At half past one, P. M. on the day of the action, I was under an impression the Little Belt was a man of war; we were upon a wind, standing to the southward and eastward, and she before the wind standing for us. Question. At what time did the frigate, the President, display her colors, and when did the Little Belt show her colors? Answer. At two o'clock, P. M., when I came up from the gun deck, I saw the colors of the President flying; but I did not observe any colors flying on the Little Belt then, or at any time during the chase. Question. At what time did the President come within hailing distance of thd Little Belt? Answer. About half past eight, P. M. Question. Was the first hail from the President or the Little Belt? Answer. From the President. Question. Was that hail answered? and ordered me not to fire on the chase until she fired on us, or I received orders to that effect from him. Question. Did you receive any orders from Commodore Rodgers to fire previously to the Little Belt having fired at the President? Answer. It was not until after the Little Belt had discharged her broadside at the President that I received orders from Commodore Rodgers to fire. Question. Were the guns of the Little Belt silenced, and how soon after you received the above orders to fire? Answer. The guns of the Little Belt were silenced in about five minutes from that time. Question. After the fire of the Little Belt was silenced, did Commodore Rodgers appear anxious to prevent further injury being done to her? Answer. Yes; the Commodore made use of every exertion on the occasion to prevent further injury to the Little Belt, and went himself to some of the guns on the quarter deck and ordered the captains of them to cease firing. Question. Did the fire of the President then cease, and did the Little Belt afterwards recommence firing, and how soon? Answer. The President then ceased firing, and in about three minutes after the Little Belt recommenced firing; and immediately the President renewed her fire, which lasted about five minutes, when the fire of the Little Belt was completely silenced; and I then heard an officer of the President (I think it was Lieutenant Perry) say, somebody is hailing from the other ship, Answer. Yes, the Commodore hailed "ship-a-saying, their colors are down, and that they are hoy!" the answer from the Little Belt was "hal-in great distress. loo!" After which, Commodore Rodgers asked "What ship is that?" and the same question of "What ship is that?" was immediately repeated from the Little Belt. Commodore Rodgers again asked "What ship is that, I say?" to which no answer was given, but I immediately heard the report of a gun, but did not see from which ship it proceeded, but from not feeling any jar, my belief is it came from the Little Belt. Question. Were you observing the Little Belt at the time you heard the report of the said gun? Question. As soon as the Little Belt was a second time silenced, did Commodore Rodgers use every exertion to prevent further injury to her? Answer. Yes, sir. Question. At the time you heard the report of the first gun did you hear any persons on board the President sing out, she has fired into us? Answer. I heard several persons say "She has fired into us;" meaning the Little Belt. Question. Did you board the Little Belt the morning after the action? Answer. Yes. |