Relations with Great Britain.

in my mind by the feeble resistance she made in the action; and on the following morning I was still of opinion that she was a frigate when we first discovered her, and until we got so near her as to be certain of her force.

Question by Commodore Rodgers. Did I ask you, immediately on your return from the Little Belt, if her wheel had not been carried away? Answer. Yes, sir, the Commodore asked me that question.

Question by Commodore Rodgers. From the Little Belt's manoeuvres the night of the encoun-I ter, did you suppose her wheel had been shot away?

Answer. I think there was great want of conduct on board the Little Belt; she did not make that defence which a ship of her force ought to have made.

Question by Commodore Rodgers. Did Captain Bingham inform you that he had not seen our colors ?

Answer. Captain Bingham said to me the President's colors had not been hoisted; I replied to him they had been hoisted from the moment we discovered him to be a ship of war; he then said your mizzen topsail would prevent me from seeing it; to which I replied, he must have seen our pennant, as it showed distinctly above the royals; he then said, yes, I recollect my officers, who are better acquainted here than I am, told me you were a burgee.

Question by Commodore Rodgers. Is it the usage of the service to prepare for action before going alongside of a strange vessel of war? Answer. Yes, sir.

Belt, and at what hour, and was there any, and what, reply given to the Commodore?

Answer. At eight o'clock on the night of the said action, or nearly at that hour, I heard Commodore Rodgers hail the Little Belt; to which I did not hear any reply.

Question, Did Commodore Rodgers hail the Little Belt a secoud time, and how soon, and was there any, and what, reply from her?

Answer. The Commodore hailed the Little Belt a second time in about five seconds, to which heard no reply..

Question. Did you, at the time of Commodore Rodgers's second hail, or at any other, and what time, hear the report of a gun?

Answer. I saw the flash and heard the report of a gun almost immediately after Commodore Rodgers's second hail.

Question. When you saw the flash and heard the report of the said gun, were you in a position to observe the Little Belt?

Answer. Yes, sir, I was standing on the side of the after gun on the forecastle, looking directly at the Little Belt.

Question. Was the said gun fired from the Little Belt? Answer. It was, sir.

Question. When the Little Belt fired the said gun, had any gun been fired by the President, or any provocation whatever been given by Commodore Rodgers to the commander of the Little

Belt?

Answer. At that time there had not any gun been fired from the President, nor had any prov ocation that I know of been given by the Commodore to the Captain of the Little Belt.

Question. Did the President return the fire of

The court adjourned to meet to-morrow morn- the Little Belt, and how soon? and did the Presing at 11 o'clock, at the same place.

THURSDAY, Sept. 5, 1811.

ident fire one or more guns in return?

Answer. The President returned the fire of the Little Belt, in four or five seconds, by firing one gun only.

The court met pursuant to adjournment: Pressent, Commodore Stephen Decatur, President; Question. Did the Little Belt thereupon imCaptain Charles Stewart, Captain Isaac Chaun-mediately commence a general fire. cey, members.

The proceedings of the court of yesterday were read and approved.

JOSEPH SMITH was produced to the court and sworn as a witness.

Question. Were you on board the United States' frigate the President on the night of the 16th day of May last, and was there then an action between her and His Britannic Majesty's ship the Little Belt ?

Answer. I was on the night of that day on board the said frigate the President, and there was then an action between her and the said ship the Little Belt.

Question. Do you hold any, and what, station of board the said frigate the President? and where were you quartered at the time of the said action? Answer. I am a midshipman, acting as master's mate on board the President, and at the time of the said action commanded the sub-division of the fourth division of guns on the forecastle.

Question. On the night of the said action, did you hear Commodore Rodgers hail the Little

Answer. I heard three guns fired from the Little Belt immediately after the President had fired the said gun.

Question. 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. I have.

Question. Are there any circumstances stated in that letter which you know to be incorrect? Answer. There are none.

Question by Commodore Rodgers. What was your impression as to the force of the Little Belt, from the time you first observed her, until the termination of the firing, or, indeed, until her force was ascertained the next morning?

Answer. I took her to be a frigate.

Question by Commodore Rodgers. What was the duration of the action, and was there any cessation, and how long?

Answer. I suppose the action to have lasted from twelve to fourteen minutes; there was a cessation of two and a half or three minutes.

Relations with Great Britain.

Question by Commodore Rodgers. Did you twice, during the rencounter, receive orders to cease firing?

Answer. Yes, sir.

Question by Commodore Rodgers. At the several times the said orders to cease firing were passed to you, particularly the last, did Commomodore Rodgers make every exertion to prevent further injury being done to the Little Belt?

Answer. Yes, both times; I received the last time the orders from three different officers to cease firing.

HENRY DENISON was produced to the court and sworn as a witness.

been given by Commodore Rodgers to the Captain of the Little Belt, as no other conversation had passed between them than what I have mentioned took place at the several times of hailing.

Question. 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, sir.

Question. Are there any circumstances therein stated which you know to be incorrect? Answer. Not any.

MICHAEL ROBERTS was produced to the court, and sworn as a witness.

Question. Were you on board the United States' frigate the President on the night of the 16th day May last, and was there then any engagement between her and His Britannic Majesty's ship the Little Belt? Answer. Yes, sir.

Question. Were you on board the United States' frigate the President on the night of the 16th day of May last, and was there then an engage-of ment between her and his Britannic Majesty's ship the Little Belt?

Answer. I was then on board the said frigate the President, when an action took place between her and vessel which afterwards proved to be the Little Belt.

Question. Do you hold any, and what, station on board the said frigate the President, and where were you quartered at the time of the action aforesaid?

Answer. I am acting chaplain, and at the time of the said action was quartered on the quarterdeck.

Question. On the night of the said action, did you hear Commodore Rodgers, and at what hour. hail the Little Belt, and how often? and was there any, and what, answer given by her?

Answer. About a quarter past eight o'clock on the night of the said action, when within about seventy or eighty yards of the Little Belt, I heard Commodore Rodgers hail her, and ask, "what ship is that?" to which inquiry the Little Belt in about two seconds replied by putting the same question of "what ship is that?" after a short interval the Commodore repeated his first question of "what ship is that?" to which no reply was given.

Question. Did you, at the time of Commodore Rodgers's second inquiry of" what ship is that?"

Question. Do you hold any, and what, station on board the said frigate the President, and where were you quartered at the time of the said action? Answer. I am boatswain of the President, and was at the time of the said action quartered on the forecastle.

Question. When within hailing distance, did either, and which, ship hail? and from which of the said ships did the first hail proceed?

Answer. When the President and the Little Belt were within bailing distance of each other, Commodore Rodgers first hailed the latter ship.

Question. Did you hear, and at what time, the report of a gun? and were you then observing the Little Belt, and did it proceed from her?

Answer. To the best of my recollection, at the time Commodore Rodgers hailed the Little Belt, I was standing on the larboard side of the forecastle belaying the weather jib sheet, and then saw the flash; and instantly turning my head towards the Little Belt, I heard the report of a gun, and saw that it proceeded from her.

Question. When you saw the flash and heard the report of the said gun, had there been any gun fired from the President? Answer. No, sir.

Question. At that time had Commodore Rodgor at any other, and what, time, hear the reporters given any provocation whatever to the capof a gun?

Answer. Directly after Commodore Rodgers's second hail I heard the report of a gun. Question. When you heard the report of the said gun, were you in a position to observe the Little Belt?

Answer. I was not.

Question. Was the said gun fired from the Little Belt?

Answer. From my position just at that moment, I could not see any flash, but from not then feeling any jar of the President, my belief was, that the said gun was fired from the Little Belt.

Question. At that time, had any gun been fired from the President, or any provocation been given by Commodore Rodgers to the Captain of the Little Belt?

Answer. No gun had been fired from the President, neither, in my opinion, had any provocation

tain of the Little Belt?

Answer. None that I beard or saw.

Question. Have you seen Commodore Rodgers's official letter to the Secretary of the Navy, dated off Sandy Hook, on the 23d of May last. relative to the action with the Little Belt? Answer. No, sir.

The court adjourned to meet at the same place to-morrow morning at 11 o'clock.

Relations with Great Britain.

Question. Were you on board the United States' frigate the President on the night of the 16th day of May last, and was there then an engagement between her and His Majesty's ship the Little Belt? Answer. Yes, sir.

Question. Do you hold any, and what, station on board the said frigate the President, and where were you quartered at the time of the said action? Answer. I am a midshipman on board the President, and at the time of the said action was quartered on the forecastle and gangways.

Question. Did you, on the night of the said action, hear Commodore Rodgers hail the Little Belt, and at what hour, and how often? and was there any, and what, reply made to the Commodore ?

Question. Do you hold any, and what, station on board the said frigate the President, and where were you at the time of the said action?

Answer. I am a midshipman on board the said frigate the President, and at the time of the said action was stationed on the quarter-deck.

Question. On the night of the said action did you hear Commodore Rodgers hail the Little Belt, and at what hour, and how often? and was there any, and what, reply given to the Commodore?

Answer. Commodore Rodgers, at about eight o'clock on the night of the said action, hailed the Little Belt, and asked "what ship is that?" to which the Captain of the Little Belt replied by echoing the Commodore's previous question, of

modore Rodgers again hailed the Little Belt by repeating his former inquiry of "what ship is that ?" to which there was no reply, but instantaneously the Little Belt fired a gun.

Answer. At about eight o'clock on the night" what ship is that?" Immediately after, Comof the aforesaid action, I heard Commodore Rodgers hail the Little Belt, by asking "what ship is that?" to which inquiry the Little Belt replied by repeating the question of "what ship is that?" In a short time the Commodore hailed the Little Belt again, asking "what ship is that ?" to which question she replied with a shot.

Question. Were you looking at the Little Belt when she fired the said shot, and did you see the flash, and hear the report of the gun which she then fired ?

Answer. I was then looking at the Little Belt, and saw the flash, and instantly heard the report of the gun which she then fired.

Question. At the time the Little Belt fired the said gun, had there been any gun fired from the President, or any provocation given by Commodore Rodgers to the commander of the Little Belt?

Answer. When the Little Belt fired the said gun, the President had not fired at all; nor had any provocation been given by Commodore Rodgers to the Captain of the Little Belt.

Question. Was the gun, which had been first Question. Was the said gun fired from the Lit-fired from the Little Belt, answered by the Presitle Belt without any previous provocation or justifiable cause?

Answer. There had then been no gun fired from the President, nor had any conversation other than the hailing I have previously mentioned passed between Commodore Rodgers and the Captain of the Little Belt.

Question. Was the gun which had been fired from the Little Belt returned by the President, and how soon? and did she fire one or more guns in return?

Answer. The President immediately fired one gun only in return.

Question. Did the Little Belt, as soon as the gun she fired had been answered by the President, commence a general fire?

Answer. She did.

dent, and how soon? and did she fire one, or a greater number of guns in return?

Answer. The President, in from five to seven seconds, returned the said gun fired from the Little Belt, by firing one gun only.

Question. Did the Little Belt, immediately after the gun fired from her had been answered by the President commence a general fire ? Answer. She did.

Question. 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. I have.

Question. Are there any circumstances stated in that letter which you know to be incorrect. Answer. There are none.

SILAS DUNCAN was sworn as a witness. Question. Were you on board the United States' frigate the President on the night of the 16th day of May last, and was there then an action between her and His Britannic Majesty's ship the Little Belt?

Answer. I was on that night on board the said frigate the President, and there was then an action between her and the said ship the Little Belt.

Question. Do you hold any, and what, station on board the said frigate the President, and where were you quartered at the time of the said action?

Answer. I am a midshipman on board the said frigate, and was at the time of the said action quartered in the foretop,

Question. On the night of the said action, did

Relations with Great Britain.

you hear Commodore Rodgers hail the Little Belt, and at what hour, and how often? and was there any, and what answer, given to the Commodore ?

Answer. Immediately before the action commenced between the President and the Little Belt, I heard Commodore Rodgers hail the latter by asking "what ship is that? when, I think, the commander of the Little Belt replied by repeat-I ing the Commodore's previous question. In a very short time afterwards Commodore Rodgers repeated his question, of "what ship is that?" to which I did not hear any reply.

Question. Did you, at the time of Commodore Rodgers's second hail, or at any other, and what time, hear the report of a gun, and did it proeeed from the President or the Little Belt.

Answer. Immediately after Commodore Rodgers's second hail, I heard the report of two guns in quick succession, but, from my position at the moment, I could not ascertain from which ship the report proceeded; but my impression was, that the gun I first heard was fired from the Little Belt, and that the President had fired a shot in return. At the time I heard the report of the first gun, the foretopsail being between me and the Little Belt, I could not see her.

Question. 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. sir.

Question. Are there any circumstances related in that letter which you know to be incorrect? Answer. I know of none.

JOHN H. CLACK was sworn as a witness. Question. Were you on board the United States' frigate the President on the night of the 16th day of May last, and was there then an action between her and the Little Belt?

Answer. I was at that time on board the said frigate the President, when there was an action between her and the said ship the Little Belt.

Question. Do you hold any, and what, station on board the said frigate the President, and where were you quartered at the time of the said action? Answer. I am a midshipman on board the said frigate, and was stationed at the time of the said action in the mizen top.

Question. When the President came within hail of the Little Belt, did you hear Commodore Rodgers hail her, and how often?

Answer. When the President came within hailing distance of the Little Belt, I heard the Commodore hail her twice.

Question. Was there any, and what'reply made from the Little Belt?

Answer. There was no reply from the Little Belt; but to the Commodore's first hail the Little Belt hailed in return.

Question. Were you observing the Little Belt when the first gun was fired?

Answer. I could not see her when I heard the report of the first gun.

Question. Which ship fired the first gun?
Answer. I cannot positively say; the impres-

sion on my mind was, the Little Belt fired the first gun.

Question. Were there any, and what, circumstances which induced you to believe that the Little Belt fired the first gun?

Answer. There were several; at the time the first gun was fired I did not feel any jar, but when, immediately after, I saw the President fire a gun, very sensibly felt the jar.

Question. Have you seen Commodore Rodg ers'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, sir.

Question. Are there any circumstances therein stated which you know to be incorrect? Answer. There are none.

The court adjourned to meet to-morrow at the same place, at 11 o'clock.

SATURDAY, Sept. 11, 1811.

The court met pursuant to adjournment: Present, Commodore Stephen Decatur, President; Captain Charles Stewart, Captain Isaac Chauncey, members.

The proceedings of the court of yesterday were read and approved.

THOMAS GAMBLE was sworn as a witness. Question. Were you, on the night of the 16th day of May last, on board the United States' frigate the President, and was there then an action between her and His Britannic Majesty's ship the Little Belt.

Answer. I was then on board the said frigate the President, when there was an action between her and the said ship the Little Belt.

Question. What was your station on board the said frigate the President, and where were you quartered at the time of the said action?

Answer. I was second lieutenant of the said frigate, commanding the first division of guns.

Question. When the said frigate came within hailing distance of the Little Belt, did Commodore Rodgers hail her?

Answer. When within hailing distance, I heard the Commodore hail the Little Belt very distinctly.

Question. Was there any, and what, reply to Commodore Rodgers's hail from the Little Belt?

Answer. To the first hail of "ship ahoy!" of the Commodore, the answer of the Little Belt was "halloo!" whereupon, Commodore Rodgers asked what ship is that?" to which inquiry the Little Belt replied by repeating the same question, of "what ship is that?" In the course of four or five seconds after, the Commodore again inquired "what ship is that?" to which there was no reply from the Little Belt.

Question. Was a gun fired at this time, and were you observing the Little Belt, and from whence did the fire proceed?

Answer. At the time of Commodore Rodgers's first hail, of "what ship is that?" I was looking out of a port at the Little Belt; and from her repetition of the Commodore's previous question, I was under an apprehension that some difficulty

Relations with Great Britain.

Answer. I was in a situation to have seen the Answer. At that time not a gun had been fired Little Belt's colors had she displayed any. I was by the President, nor had any provocation what- sitting in the bridle port looking at her with a ever been given by the Commodore to the com-spy-glass the greater part of the chase, and did mander of the Little Belt. not observe any colors displayed by her.