Relations with Great Britain.

Bingham's official statement to Admiral Sawyer, (dated His Majesty's sloop Little Belt, May 21, 1811, latitude 35° 53′, longitude 71°49′ West, Cape Charles bearing West, distant 48 miles,) I am sure it cannot complain of the time I have taken up in proving, while I had it in my power, that unblushing representation to be palpably and wilfully false.

I should not now longer trespass on the time and patience of the court, were it not probable that the present proceedings may be published to the world, and a consequent desire that even my motives for chasing the Little Belt should be known; and this I am the more desirous of, as great pains have been taken by a few individuals, who call themselves Americans, to impose a be-ereign rights of the American nation. At any lief that I chased with a hostile intention; not, however, because I entertain a hope of producing any change in the sentiments of men like themselves, (and for the honor of my country I hope there are but few such,) who are disposed to represent all the acts of their Government, as well as of its agents, in an odious light, but to undeceive not only my own countrymen, but even every liberal Englishman, who may have been deceived by their sophistry.

That I did chase the Little Belt I acknowledge; but that I did so with the intention of offering menace or insult to the British flag. I declare, in the presence of my God, is without any foundation whatever; neither would the orders under which I was acting authorize such a course, any more than they would have justified my submitting to an insult from a British or any other ship of war.

which she was discovered) that it was her, and accordingly determined to speak her, as well because I considered it my duty to know the names and characters if possible, of all foreign cruisers hovering on our coast, as from an impression. if it turned out to be the vessel I had conceived, that her commander, from having learnt, through the medium of the newspapers, the sensation which the beforementioned outrage had produced throughout the United States, might be induced, if he was not totally regardless of American claims to justice, to mention that he had the young man in question on board, and would deliver him up to me, and, perhaps, at the same time, assign some cause for such a gross violation of the sov rate, whether he was so disposed or not, if I could learn from him that the man was on board, I should have it in my power to represent the same to my Government, and thereby be the means of more readily effecting his emancipation from vassalage, and the cruel necessity of fighting the battles of the very country whose officer had thus unlawfully enslaved him; and, in doing this, I considered I was doing no more than a duty imposed on me by my situation; consequently, I felt regardless if, in accomplishing it, a further attempt should be made to insult my country by offering violence to the flag flying over my head; as I was then, am now, and ever shall be, prepared to repel any such insult or injury, to the very utmost of the force under my command, and that, too, without regard to the consequences resulting therefrom.

nations, the treaty concluded in 1783 between the United States and Great Britain, as well as the British precedents, almost without number, gave me that right-if it be admitted that our country possesses any comparative or reciprocal rights whatever.

These, gentlemen, were my motives for havWithout further observation or comment than ing chased the ship which I supposed to be the is necessarily connected with the subject, the fol- frigate that impressed Diggio, but which afterlowing are, therefore, my reasons for having wards proved to be His Britannic Majesty's ship chased that ship: On the tenth of May, being then Little Belt; but, even if I had no such reason to at anchor off Annapolis, I got under way to pro-justify my chasing, I maintain that the usage of ceed to my station at New York, in consequence of an order from the honorable the Secretary of the Navy to that effect, in which he acquainted me of his having issued this order owing to his being informed that the trade of New York had become interrupted by British and French cruisers. At this time, I discovered by the newspapers that a British frigate, supposed to be the Guerriere, had, in the vicinity of Sandy Hook, and during my absence from the station, impressed out of the American brig Spitfire, bound coastwise, a young man by the name of Diggio, an American, and apprentice to the master of the brig. On the 16th of May, at a little past meridian, being at the time in seventeen fathoms water, about fourteen or fifteen leagues to the northward and eastward of Cape Henry, and about six leagues from the land to the southward of Chingoteague, a sail was discovered to the eastward, standing towards us under a press of canvass, which I soon made out, by the shape of her upper sails, as they became distinguishable from our deck, to be a man of war. Not having heard of any other ship of war than the beforementioned frigate heing on our coast, I concluded (and more particularly from the direction in

Although I admit I did chase the Little Belt, I
nevertheless deny that her commander wished to
prevent my coming up with him, otherwise he
undoubtedly would not have kept away and set
his studding sails when he was several miles to
windward of me; added to this, his conduct was
unfriendly, to say the least, as he declined show-
ing his colors until after it was too dark to dis-
tinguish what they were; although he must have
perceived, as well from the course I steered, as
from my colors, (of which he undoubtedly saw
the pennant,) that I wished to speak him. In
deed, the several circumstances make it apparent
to me that he was ignorant of our force, and only
wished to procrastinate our meeting until after it
should be dark.
JOHN RODGERS.
True copy from the original on file in the of
fice of the Secretary of the Navy:

C. W. GOLDSBOROUGH,
Chief Clerk of the Navy Dept.

Relations with Great Britain.

The Court of Inquiry, authorized and required by precept, issued by the honorable the Secretary of the Navy of the United States, bearing date the 24th of July, 1811, have, in conformity with the same, minutely examined into every circumstance stated in the letter of John Rodgers, Esq., bearing date off Sandy Hook, May 23, 1811, and addressed to the honorable the Secretary of the Navy of the United States, relative to the affair between the United States' frigate the President and His Britannic Majesty's ship the Little Belt; and having taken all the testimony that could, in any manner or degree, elucidate facts, do, in obedience to the aforesaid precept, state all the facts that have been disclosed.

First. It has been proved to the satisfaction of the court that Commodore Rodgers, on perceiving His Britannic Majesty's ship the Little Belt to be a ship of war, made every exertion to come up with her before dark.

ship, the Little Belt, had ceased firing, and the fire of the United States' frigate, the President, had, in consequence thereof, ceased, the former ship, in about three minutes, recommenced her fire upon the latter.

Thirteenth. It has been proved to the satisfaction of the court that the second fire continued about five minutes, when His Britannic Majesty's ship, the Little Belt, was totally silenced.

Fourteenth. It has been proved to the satisfaction of the court that, in both instances, when the fire of His Britannic Majesty's ship, the Little Belt, was silenced, Commodore Rodgers exerted himself to prevent further injury being done to her.

Fifteenth. It has been proved to the satisfaction of the court that the United States' frigate, the President, was lying to, with lights hoisted, during the night after the affair with His Britannic Majesty's ship, the Little Belt.

Second. It has been proved to the satisfaction of the court that the flag of the United States was displayed on board the United States' frigate the President as soon as His Britannic Majesty's ship the Little Belt was discovered to be a ship of war, and was kept flying until noon of the fol-- Seventeenth. It has been proved to the satislowing day. faction of the court, that, in consequence of the fire from His Britannic Majesty's ship, the Little Belt, one boy was wounded on board the United States' frigate, the President, one shot struck her mainmast, another struck her foremast, and some of her rigging was cut.

Sixteenth. It has been proved to the satisfaction of the court that Commodore Rodgers proffered aid to the commander of His Britannic Majesty's ship, the Little Belt, the morning after the rencounter.

Third. It has been proved to the satisfaction of the court that Captain Bingham acknowledged that the broad pennant of the United States' frigate the President had been distinguished, during the chase, from His Britannic Majesty's ship the Little Belt.

Fourth. It has been proved to the satisfaction of the court that no colors were perceived flying on board of His Britannic Majesty's ship the Little Belt until she hove to, and that it was then too dark to distinguish to what nation they belonged.

Fifth. It has been proved to the satisfaction of the court that Commodore Rodgers hailed His Britannic Majesty's ship the Little Belt first. Sixth. It has been proved to the satisfaction of the court that Commodore Rodgers's hail was not satisfactorily answered.

Seventh. It has been proved to the satisfaction of the court that His Britannic Majesty's ship the Little Belt fired the first gun.

Eighth. It has been proved to the satisfaction of the court that the first gun fired by His Britannic Majesty's ship the Little Belt was without any previous provocation or justifiable cause.

Ninth. It has been proved to the satisfaction of the court that the shot fired from His Britannic Majesty's ship the Little Belt was returned from the United States' frigate the President by a single gun.

Tenth. It has been proved to the satisfaction of the court that the general fire was commenced by His Britannic Majesty's ship the Little Belt. Eleventh. It has been proved to the satisfaction of the court that, after the firing had continued four or five minutes, His Britannic Majesty's ship the Little Belt ceased firing.

Twelfth. It has been proved to the satisfaction of the court that, after His Britannic Majesty's

Eighteenth. It has been proved to the satisfaction of the court that the letter of Commodore Rodgers, bearing date off Sandy Hook, on the 23d day of May last, and addressed to the honorable the Secretary of the Navy of the United States, is a correct and true statement of the occurrences which took place between the United States' frigate, the President, and His Britannic Majesty's ship, the Little Belt.

The court adjourned to meet to-morrow morning at Mechanics' Hall, in Broadway, in the city of New York.

FRIDAY, September 13, 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.

The court thereupon adjourned sine die.
STEPHEN DECATUR, President.
WM. PAULDING, Jr., Judge Advocate.
True copy from the original, on file in the
office of the Secretary of the Navy.

C. W. GOLDSBOROUGH,
Chief Clerk, Navy Department.

UNITED STATES FRIGATE PRESIDENT,

(off Sandy Hook,) May 23, 1811. SIR: I have the honor to acquaint you that, in obedience to your instructions of the 6th instant, I sailed from Annapolis on the 10th; but, owing to head winds, I did not get to sea until the 14th

Relations with Great Britain.

on which day, off Cape Henry, I supplied the twenty minutes past eight, being a little forward ship Madison, of Baltimore, belonging to Mr. of her weather beam, and distant from seventy to James Bias, with an anchor and cable, she being a hundred yards, I hailed, "What ship is that?" in distress on account of having lost hers, except To this inquiry no answer was given; but I was one which was not sufficient to ride by. On the hailed by her commander and asked, "What ship 15th instant, Cape Henry bearing west south is that?" Having asked the first question, I, of west, distant fifty miles, fell in with a second ves-course, considered mine entitled, by the common sel, the brig Sussex, of New York, Neal, master, bound to Norfolk from Oronoko, in distress for provisions, which I supplied.

rules of politeness, to the first answer, after a pause of fifteen or twenty seconds, I reiterated my first inquiry, "What ship is that?" and, beI regret extremely being under the necessity of fore I had time to take the trumpet from my representing to you an event that transpired on mouth, I was answered by a shot that cut off one the night of the 16th instant, between the ship of our main-topmast breast back-stays, and went under my command, and His Britannic Majesty's into our mainmast. At this instant, Captain ship of war, the Little Belt, commanded by Cap- Caldwell, (of marines,) who was standing very tain Bingham, the result of which has given me near me on the gangway, having observed, "Sir, much pain, as well on account of the injury she she has fired at us," caused me to pause for a sustained, as that I should have been compelled moment. Just as I was in the act of giving an to the measure that produced it, by a vessel of order to fire a shot in return, and before I had her inferior force. The circumstances are as time to resume the repetition of the intended follows: On the 16th instant, at twenty-five order, a shot was actually fired from the second minutes past meridian, in seventeen fathoms of division of this ship, and was scarcely out of the water, Cape Henry bearing southwest, distant gun before it was answered from our assumed fourteen or fifteen leagues, a sail was discovered enemy by three others in quick succession, and from our mast-head in the east, standing to- soon after the rest of his broadside and musketry. wards us under a press of sail. At half-past one, When the first shot was fired, being under an the symmetry of her upper sails (which were at impression that it might possibly have proceeded this time distinguishable from our deck, and her from accident, and without the orders of the making signals) showed her to be a man of war. commander, I had determined, at the moment, At forty-five minutes past one. P. M., hoisted our to fire only a single shot in return; but the immeensign and pennant when, finding her signals diate repetition of the previous unprovoked outnot answered, she wore and stood to the south- rage induced me to believe that the insult was ward. Being desirous of speaking her, and of premeditated, and that, from our adversary's ascertaining what she was, I now made sail in being at the time as ignorant of our real force as chase, and by half-past three, P. M., found we I was of his, he thought this, perhaps, a favorable were coming up with her, as, by this time, the opportunity of acquiring promotion, although at upper part of her stern began to show itself above the expense of violating our neutrality and insultthe horizon from our deck. The wind now being our flag. I, accordingly, with that degree of gan and continued gradually to decrease, so as to prevent my being able to approach her sufficiently before sunset, to discover her actual force, (which the position she preserved during the chase was calculated to conceal,) or to judge even to what nation she belonged, as she appeared studiously to decline showing her colors. At fifteen or twenty minutes past seven, P. M., the chase took in her studding sails, and soon after hauled up her coursers, and hauled by the wind on the starboard tack; she, at the same time, hoisted an ensign or flag at her mizzen peak, but it was too dark for me to discover what nation it represented; now, for the first time, her broadside was presented to our view; but night had so far progressed, that although her appearance indicated she was a frigate, I was unable to determine her actual force. At fifteen minutes before eight P. M., being about a mile and a half from her, the wind at the time very light, I directed Captain Ludlow to take a position to windward of her, and on the same tack, within short speaking distance. This, however, the commander of the chase appeared from his manœuvres to be anxious to prevent; as she wore, I hauled by the wind on different tacks, four times successively, between this period and the time of our arriving at the position I had ordered to be taken. At fifteen or

repugnance incident to feeling equally determined neither to be the aggressor nor to suffer the flag of my country to be insulted with impunity, gave a general order to fire; the effect of which, in from four to six minutes, as near as I can judge, having produced a partial silence of his guns, I gave orders to cease firing, discovering, by the feeble opposition, that it must be a ship of very inferior force to what I had supposed, or that some untoward accident had happened to her. My orders in this instance, however, (although they proceeded alone from motives of humanity, and a determination not to spill a drop of blood unnecessarily,) I had, in less than four minutes, some reason to regret, as he renewed his fire, of which two thirty-two pound shot cut off one of our fore-shrouds and injured our foremast. It was now that I found myself under the painful necessity of giving orders for a repetition of our fire against a force which my forbearance alone had enabled to do us any injury of moment. Our fire was accordingly renewed, and continued from three to five minutes longer, when, perceiving our opponent's gaff and colors down, his maintopsail-yard upon the cap, and his fire silenced, although it was so dark that I could not discern any other particular injury we had done, or how far he was in a situation to do us further harm,

Relations with Great Britain.

Relations with Great Britain.

ernment, must have continued to appear to them to be utterly incapable of receiving any.

The document you have now done me the honor to communicate to me, with the copy annexed of Captain Rodgers's letter, (for the first time officially before me,) is, however, so far satisfactory, as it shows that Captain Rodgers has endeavored to exculpate himself, exhibiting the ground on which he rests his defence; and I shall without delay transmit it to be laid before His Royal Highness the Prince Regent. It certainly proves a most unaccountable difference to exist between the statement of the commander and officers of the Little Belt and those of the Presi. dent, as to the firing of the first gun; but I must remark that, from the concurrent testimony of several officers of the United States' ship as to the orders given by Captain Rodgers on nearing the Little Belt, there appears to have been an impression on his mind that an encounter was to ensue; and, as the Little Belt was evidently endeavoring to avoid him, such an idea, it would seem, could only have arisen from the opinion he entertained of his own proceedings as being likely to bring it on.

I take occasion to acknowledge the receipt of your letter dated September 14, in answer to mine of the 2d, a copy of which I immediately forwarded to my Government.

I have the honor to be, with the highest consideration and respect, sir, your most obedient, humble servant,

AUGUSTUS J. FOSTER.

IV.-Correspondence relative to the attack by the British frigate, Leopard, on the American frigate, Chesapeake.

Mr. Foster to Mr. Monroe.

States on the conduct of Commodore Rodgers; and this preliminary to further discussion on the subject being all that I asked in the first instance as due to the friendship subsisting between the two States, I have now the honor to acquaint you that I am ready to proceed, in the truest spirit of conciliation, to lay before you the terms of reparation which His Royal Highness has commanded me to propose to the United States' Government, and only wait to know when it will suit your convenience to enter upon the discussion. I have the honor to be, &c.. AUGUSTUS J. FOSTER. To the Hon. JAMES MONROE, &c.

Mr. Monroe to Mr. Foster. WASHINGTON, DEP'T OF STATE, October 31, 1811. SIR: I have just had the honor to receive your letter of the 30th of this month.

I am glad to find that the communication which I had the honor to make to you on the 11th instant, relative to the court of inquiry which was the subject of it, is viewed by you in the favorable light which you have stated.

Although I regret that the proposition you now make in consequence of that communication has been delayed to the present moment, I am ready to receive the terms of it whenever you may think proper to communicate them. Permit me to add, that the pleasure of finding them satisfactory will be duly augmented if they should be introductory to a removal of all the differences depending between our two countries, the hope of which is so little encouraged by your past correspondence. A prospect of such a result will be embraced on my part with a spirit of conciliation equal to that which has been expressed by you. I have the honor, &c. JAMES MONROE. Hon. AUGUSTUS J. FOSTER, &c.

Mr. Foster to Mr. Monroe.

WASHINGTON, October 30, 1811. SIR: I have already had the honor to mention to you that I came to this country furnished with instructions from His Royal Highness the Prince Regent, in the name and on the behalf of His Majesty, for the purpose of proceeding to a final adjustment of the differences which have arisen WASHINGTON, November 1, 1811. between Great Britain and the United States of SIR: In pursuance of the orders which I have America in the affair of the Chesapeake frigate; received from His Royal Highness the Prince and I had also that of acquainting you with the Regent, in the name and on behalf of His Majnecessity under which I found myself of suspend-esty, for the purpose of proceeding to a final ading the execution of those instructions, in consequence of my not having perceived that any steps whatever were taken by the American Government to clear up the circumstances of an event which threatened so materially to interrupt the harmony subsisting between our two countries as that which occurred in the month of last May between the United States' ship, President, and His Majesty's ship Little Belt, when every evidence before His Majesty's Government seemed to show that a most violent and wanton outrage had been committed on a British sloop of war by an American Commodore.

A court of inquiry, however, as you informed me in your letter of the 11th instant, has since been held by order of the President of the United

justment of the differences which have arisen between Great Britain and the United States in the affair of the Chesapeake frigate, I have the honor to acquaint you:

First. That I am instructed to repeat to the American Government the prompt disavowal made by His Majesty, (and recited in Mr. Erskine's note of April 17, 1809, to Mr. Smith,) on being apprized of the unauthorized act of the officer of his naval forces on the coast of America, whose recall from a highly important and honorable command immediately ensued, as a mark of His Majesty's disapprobation.

Secondly. That I am authorized to offer, in addition to that disavowal on the part of His Royal Highness, the immediate restoration, as far as cir