To my country, I am well convinced of the importance of the transaction which has imposed upon me the necessity of making you this communication. I must, therefore, from motives of delicacy, connected with personal considerations, solicit that you will be pleased to request the president to authorize a formal inquiry to be instituted into all the circumstances as well as into every part of my conduct connected with the same.

The injury sustained by the ship under my command is very trifling, except to the fore and main masts which I before mentioned; no person killed, and but one (a boy) wounded.

For further particulars I refer you to captain Caldwell, who is charged with the delivery of this communication. I have the honour to be, with great respect, sir, your obedient servant.

(Signed)

JOHN RODGERS.

His Majesty's sloop Little Belt, May 21st, 1811, lat. 36, 53, N., lon. 71, 49, W., Cape Charles, bearing W. 48 miles.

SIR, I beg leave to acquaint you that in pursuance of your orders to join his majesty's ship Guerriere, and being on my return from the northward, not having fallen in with her, that about li a. m., May 16th, saw a strange sail, to which I immediately gave chase. At one p. m. discovered her to be a man of war, apparently a frigate, standing to the eastward, who, when he made us out, edged away for us, and set his royals. Made the signal 275, and finding it not answered, concluded she was an American frigate, as she had a commodore's blue pendant flying at the main. Hoisted the colors and made all sail south, the course I intended steering round Cape Hatteras; the stranger edging away but not making any more sail. At 3 h. 30 m. he made sail in chase, when I made the private signal which was not answered. At 6 h. 30 m. finding he gained so considerably on us as not to be able to elude him during the night, being within gun shot, and clearly discerning the stars in his broad pendant, I imagined the most prudent method was to bring to, and hoist the colors, that no mistake might arise, and that he might see what we were. The ship was therefore brought to, her colors hoisted, her guns double shotted, and every preparation made in case of a surprise. By his manner of steering down, he evidently wished to lay his ship in a position for raking, which I frustrated by wearing three times. About 8 h. 15 m. he came within hail. I hailed, and asked what ship it was? He repeated my question. I again hailed; and asked what ship it was? He again repeated my words, and fired a broadside, which I instantly returned. The action then became general, and continued so for three quarters of an hour, when he ceased firing and appeared to be on fire about the main hatchway. He then filled. I was obliged to desist from firing, as the ship falling off, no gun would bear, and had no after sail to keep her to. All the rigging and sails cut to pieces; not a brace nor a bowline left. He hailed and asked what ship this was? I told

him. He then asked me if I had struck my colors? My answer was No, and asked what ship it was? As plainly as I could understand (he having shot some distance at this time), he answered, The United States frigate. He fired no more guns, but stood from us, giving no reason for his most extraordinary conduct.

At daylight in the morning, saw a ship to windward; when having made out well what we were, bore up and passed within hail, fully prepared for action. About 8 o'clock he hailed, and said, if I pleased, he would send a boat on board. I replied in the affirmative, and a boat accordingly came, with an officer and a message from commodore Rodgers of the President of the United States, to say that he lamented much the unfortunate affair (as he termed it) that had happened; and that had he known our force was so inferior he should not have fired at me. I asked his motive for having fired at all? His reply was, that "we fired the first gun at him;" which was positively not the case. I cautioned both the officers and men to be particularly careful, and not suffer any more than one man at the gun. Nor is it probable that a sloop of war within pistol shot of a large 44 gun frigate should commence hostilities. He offered me every assistance I stood in need of, and submitted to me that I had better put into one of the ports of the United States, which I immediately declined.

By the manner in which he apologized, it appeared to me evident that had he fallen in with a British frigate, he would certainly have brought her to action. And what further confirms me in that opinion is, that his guns were not only loaded with round and grape shot, but with every scrap of iron that could possibly be collected.

I have to lament the loss of thirty-two men, killed and wounded, among whom is the master.

His majesty's ship is much damaged in her masts, sails, rigging and hull; and as there are many shot through between wind and water, and many shots still remaining inside, and upper works all shot away, starboard pump also, I have judged proper to proceed to Halifax, which will I hope meet with your approbation.

I cannot speak in too high terms of the officers and men I have the honour to command, for their steady and active conduct throughout the whole of this business, who had much to do, as a gale of wind came on the second night after the action. I have to request, sir, that you will be pleased to recommend to the notice of my lords commissioners of the admiralty my first lieutenant, Mr. John Molenly, who is, in every respect, a most excellent officer, and afforded me very great assistance in stopping the leaks, himself, in the gale, securing the masts and doing every thing in his power. It would be the greatest injustice was I not also to speak most highly of lieutenant Lovell, second lieutenant, of Mr. M'Queen, master, who, as I have before stated, was wounded in the right arm, in nearly the middle of the action, Mr. Wilson, masVOL. II. APP. † M

ter's mate; indeed the conduct of every officer and man was so good that it is impossible for me to discriminate.

I beg leave to inclose a list of thirty-two men, killed and wounded; most of them, mortally, I fear.

I hope, sir, in this affair, I shall appear to have done my duty, and conducted myself as I ought to have done against so superior a force; and that the honour of the British colors was well supported. I have the honour to be, sir, with much respect, your most obedient humble servant,

A. B. BINGHAM, Capt.

TO HERBERT SAWYER, Esq.
Rear admiral of the red, commander in chief, &c. &c. &c.

COMMERCIAL CODE

OF THE

FRENCH EMPIRE.

Translated for the American Review, with explanatory Notes.

BOOK I.

Of Commerce in general.

TITLE I.

Of Merchants. (1)

ARTICLE 1. THOSE are merchants who carry on trade or commerce, and make it their profession or business.

ART. 2. It shall not be lawful for a minor of either sex, though emancipated (2) and above the age of eighteen years, to avail himself (3) of the liberty of trading, granted to such minor by the

(1) The word in the original is commerçants, which includes every grade and description of persons engaged in trade, from the armateur, or ship owner, down to the retailer or shopkeeper. We have no word in the English language of such extensive import. The word trader implies some kind of inferiority, and seems to exclude the higher classes of mercantile men. We have therefore made use of the word merchant, which must be understood throughout the present work in this general technical sense.

(2) The doctrine of emancipation is borrowed from the civil law, into which it was introduced to soften the rigor accompanying the great extent and duration of the paternal power. Therefore a minor who is emancipated, is said to be out of the power of his father and mother. Emancipatione desinunt liberi in potestate parentum esse. Institut. lib. 1. tit. 12. § 6. By the Napoleon code a minor may be emancipated by his father or mother, and is so ipso facto by marriage; but not before he has attained the age of fifteen years; and if an orphan, he may be emancipated by a family council, (of which we shall speak in a subsequent note,) but not until the age of eighteen. The effects of emancipation are: that the minor is intrusted with the management of his own real and personal property, and may even make a lease of his real estate for a term not exceeding nine years; but he cannot sell it, nor can he borrow money on any account, without the consent or advice of the family council. His personal contracts are otherwise valid, but the courts will set them aside for his benefit, if it appears that advantage had been taken of his youth.

(3) In order to avoid as much as possible, what may be considered by some as legal jargon, we shall not make use of the usual phraseology him or her, his or her, when speaking of something applicable to persons of different sexes, but shall invariably employ the masculine as a common gender

487th article of the Napoleon Code, (4) nor shall such minor be considered as of full age for the purpose of giving validity to the commercial engagements which he may contract, unless he previously comply with the following requisites: 1st. He must be authorized by his father or mother, or by a deliberation of the family council (5) in case of the death, interdiction (6) or absence of the father, or in default of both father and mother, which deliberation must be confirmed by the civil tribunal. 2d. The authorization must be recorded in the registry, and posted up in the hall of the commercial tribunal of the place where the minor intends to reside.

ART. 3. The preceding article is applicable to all minors, though not merchants or traders by profession, with respect to all acts declared to be commercial, by the 632d and 633d articles of the Napoleon Code, Tit. II. Book IV.

ART. 4. No married woman can be a sole trader, without the consent of her husband.

ART. 5. A woman, sole trader, may, without the special (7) authorization of her husband, bind herself in respect to her trade; and in such case, she also binds her husband, if there be between them a community of goods. (8)

(4) The article is in these words: "Every emancipated minor who actually car"ries on trade and commerce, is reputed of full age with respect to all acts relating to such commerce or trade."

(5) Family councils have been instituted by the French laws for the protection of minors, idiots and absentees, and of all those generally, who are not in a situation to manage their own concerns. They consist of a given number of the nearest of kin to the party, or of friends, in default of kindred, and assemble, when legally called together, under the direction of a magistrate, who presides at their meetings. They appoint tutors and curators (guardians and trustees,) give or refuse their consent to the marriage of minors, and do a variety of other acts within the scope of their institution, which it would be too long to enumerate. Their proceedings are committed to writing, and after being confirmed by a court of justice, become matter of record, and have the force and effect of judgments.

(6) A person who by the decree of a competent tribunal is declared to be non compos mentis and of course incapable of managing his own business, is said to be interdicted, and his condition in law is styled interdiction, because the decree interdicts or prohibits him from meddling with his civil concerns.

(7) By the French law, no contract of a married woman is valid, unless expressly sanctioned by her husband; but in the case of a feme sole trader, such particular sanction or authorization is not required.

(8) Under the old law of France, as it existed before the revolution, the rights of husbands and wives with respect to property were various, according to the different laws and customs which prevailed in the several parts of the kingdom. Among those, the most prominent were,-the custom of Paris, which was itself one of the modifications of the feudal system that prevailed over a great part of the northern and middle provinces of France; and the civil law of the Romans, which was the established system in the South. By the former of these a kind of partnership existed between the husband and his wife, which was and still is called community of goods (communauté de biens.) Under the latter, the wife remained sole mistress of her own property, and particularly of les biens dotaux, that is to say, the real or personal estate which her friends had given her as a dowry in marriage. When the Napoleon code was framed, a warm controversy arose between the lawyers appointed to prepare it, as to which of these two systems should be exclusively adopted. The southern jurists stigmatized the cus