Star. — London, England, 1815-08-17 00:00:00

r wl lately and v at Da • di AMERICA. WROU TIM NATIONAL INTELLIGaNCIN JULY 14. We ibis day lay before the public, documents ly received froth England, relative to the killing wounding of the Ametican citizens imprisoned Dartmoor s " Plymouth, April 2s, Isls. We, the undersigned Commissioners, appointed rhalf of our re/spathe to inquire into and report upon, the unfortunate occurrence of the 6th of. April instant, at Dartmoor Prison; having carefully perused the proceedings of the several Courts of Inquiry instituted immediately after that event; by the orders of Admiral Sir John 'l'. Duckworth and Major-General Brown, respectively, as well as the depositions taken at the coroner's inquest upon the bodies of the prisoners who lost their lives upon that melancholy occasion ; upon which inquest the jury fotrad a verdict of justifiable homicide: proceeded mimeo' itely to the examination upon oath in the pre sence of one or more of the Magistrates of the vici nity, of all the witnesses, both American and Eng lish, who offered themselves for that purpose ; or who could be discovered as likely to afford any mate. rial information on the subject, as well those who had been previously examined before the Coroner as other wis.e, to the number in the.whole of about eighty. We further proceeded to a minute examination of the prisons, for she purpose of clearing up some points which upon the evidence alone were scarcely intelli gible ; obtaining from the prisoners, and from the officers of the depot, all the necessary assistance and explanation ; premising, that we have been from ne cessi:y compelled to draw many of our conclusions from statements and evidence highly contradictory, we do now make upon the whole proceedings the fol lowing report oring the period which has elapsed since the arrival this country of the account ot the ratifica tii,s, of the Treaty of Ghent, an increased degree of restlessness and impatience of confinement appears to have prevailed amongst the American prisoners at Dartmoor, which, though not exhibited in the shape of any violent excesses, has been principally indicated by threats of breaking out if not soon released. " On the 4th of this month in particular, only two days previous to the events the subject of this inquiry, a large body of the prisoners rushed into the market square, from whence, by the regulations of the prison, they are excluded, demanding bread, in stead of biscuit, which had on that day been issued by the officers of the depot ; their,slemands however having been then almost immediately complied with, they returned to their own yards, and the employ ment of force on that occasion became unnecessary. 41 On the evening of the 6th, about six o'clock, it was clearly proved to as, that a breach or hole had been made in one of the prison walls sufficient for a full-sized man to pass, and that others had been com menced /is the course of .the day near the same spot, though never completed. " That a number of the prisoners went over the railing erected to prevent them from communicating with the centinels on the walls, which was of course forbidden by the regulaticins of the prison, and that in the space between the railing and those walls they were tearing tip pieces of turf, and wantonly pelting each other in a noisy and disorderly manner. . 4 That a much more considerable number of the prisoners was collected together at that time in one of their yards near the place where the breach was ef fected, and that although such collection of prisoners was not unusual at other times (the gambling tables being usually kept in that pot of the yard) yet., when connected with the circumstances of the breach, arid the time of the day, which was after the hour the signal for the prisoners to retire to their respective prisons had ceased to sound, it became a natural and Just ground of alarm to those who had charge of the depot. " It was also in evidence that in the building, for merly the petty officers' prison, but now the guard barrack, which stands in the yard to which the hole in the wall would • serve as a communication, a part of the arms of the guard who were off duty were usually kept in the racks, and though there was no evidence that this was in any respect the motive which induced the prisoners to make the opening in the wall, or even that they were ever acquainted with the fact, it naturally became at least a further cause of suspicion and alarm, and an additional reason foie precaution. Upon these grounds Captain Shortland appears to us to have been justified in giving the order, which about this time he seems to have given, to sound the alarm boll, the usual signal for collecting the officers of dm depot and putting the military upon the alert. " However reasonable and justifiable this was es a Measure of precaution, the effects produced thereby in the prisons, but which could not . have been in. tended, were most unfortunate, and deeply to be re. gretted. A considerable 'lumber ot the prisoners in the yards where no disturbances ,existed before, and •wiso were either already within their respective pri-• sons, or quietly retiring as usual towards them, im mediately upon the sound of the bell rushed hack from curiosity (as it appears) towards the gates, Where, by that time, the crowd had assembled, and many who were at the time absent from their yards, were also, from the plan of the prison, compelled, in order to reach their own homes, to pass by the same spot, and thus that which was merely a measure of precaution, in its operation increased the evil it was intended to prevent. is, Ahnost at the same instant that the alarm bell rang, (but whether before or subsequent is upon the evidence doubtful, though Captain Shortiand states it positively as one of his further reasons for causing it to ring) some one or more of the prisoners broke the iron chain, which was the only faitening of No. gate, leading into the market square, by means of an iron bar: and a very considerable number of the pri soners immediately rushed towards that gate, and many of them began to press forward as fast as the Opening would permit into the square. " There Will no direct proof before us of previous colleen or preparation on the part- of the prisoners, and 310 evidence of their intention or disposition to effect their escape on this occasion, excepting that which'arose by inference front the whole of the above f iers t ikd eircomstanccs connected together. 66. Vie postural and almost irresistible inference to be drawn, however, from the conduct of the prisoners by etaptain Shortland and the military was, that an intentitiu on - o . le part of oe psi,9otrs co escape was on the paint of heists tarried ;I%6UtiON t and it was at least certain that they were by force passing beyond the limits prescribed to them, at a time when they ought to have been quietly going in foe the night. It was also in evidence, that the outer-gates of the snarket-square were usually opened about this time, to let the bread-waggon pass and repass to the stores although, at the period in•question, they were, In fact, closed. . • " Under these circumstances, end with, these im pressions necessarily operating upon his mind, and a knowledge that if the prisoners once penetrated through the square, the power of escape was elmiiit to a certainty afforded to them should they be so dis posed, Captain Shortland, in the first instance, pro- , ceedcd down the square towards the prisoners, hav ing ordered a part of the different guards, to the number of about 3tty only at. first, though they were I increased afterwards, to follow him. _ 66 Tot some time both he and Dr. Magrath endea voured, by quiet means and persuasion, to induce the prisoners to retire to their own yards, explaining to them the fatal consequences which must ensue if they refused, as the military would in that case be necessarily compelled to employ force. 46 The guard was by this time formed in the rear of Captain Shortland, about two-thirds of the way down the square--the latter is about one hundred feet broad, and the guard extended nearly all across. C:iptain Shortland finding that persuasion was all in vain, and that, although some were induced by it to make an effort to retire, others pressed on in conside rable numbers, at last ordered about fifteen file of the guard, nearly in front of the gate, which bad been forced, to charge the pt ismer; back to their own yards. The prisoners were in some places so near the mili tary, that one of die soldiers states, that he could not come fairly down' to the charge; and the military were unwilling to act as against an enemy. Some of the prisoners also were unwilling and reluctant to retire, and some pushing and struggling ensued be tween the parties, arising partly from intention, but mainly from the pressure of those behind preventing those in front from getting back. 6 6 After some little time, however, this charge ap pears to have been so far effective, and that with little or no injury to the prisoners, as to have driven them for the most part quite down one of the square, with the exception of a small number who continued their resistance about No. 1 gate. 66 A great crowd still remained collected after this in the passage between the square and the prisoners' yards, in the vicinity of the gates. This assemblage still refused to withdraw, and, according to most of the English witnesses, and some of the American. was making a noise, hallooing, insulting, and pro. yoking, and daring the military to fire; and, accord ing to the evidence of several of the soldiers and some pthers • was pelting die military with large stones, by which some of them were actually struck. This cir cumstance to however denied by many et the Ameri can witnesses ; and some of the English, upon having the question put to awn), stated they saw no stones thrown previously to the firing, although their situa tion at the time was such as to enable them to see most of the other proceedings in the square. 46 Under these circumstances the firing commenced. With regard to any order having been given to fire, the evidence is very contradictory. Several of the Americans swear positively, that Captain Shortland gave that order; but the manner in which, from the confusion of the moment, • they describe this part of the transaction, is so different in its details, that it is very difficult to reconcile their testimony. 6 6 Many of the soldiers and other English wit. nesses heard the word given by some one; but no one of them can swear it was by Captain Shortland, or by any one in particular; and some. amongst whom is the officer commanding the guard, think, if Cap tain Shortland had given such an order, that they must have heard it, which they did not. In addition to this, Captain Shortland deni e s t he f a c t; and from the situation in which he appears to have been placed at the time, even according to the American wit nesses, in front of the soldiers, it may appear some what improbable that be should then have given such an order. s' But, however, it may remain a matter of doubt whether the fit ing first began in the square by order, or was a spontaneous act of the soldiers themselves, it seemed clear that it was continued and renewed. both there and elsewhere, without orders ; and that, on the platforms, and in several places about the prison, it was certainly commenced without any au thority. " fret of :in order having been given at first, provided the firiug was, under the existing circum stances, justifiable, does not appear very materiel in any other point of view than as skewing a want of selt-possession ani discipline in the troops, if they should have tired without order. ed With regard to the above important considers. tion, of whether the firing was justifiable or not, we are of opinion, under all the circumstances of the case, from the apprehension which the soldiers might fairly entertain, owing to the numbers and conduct of the prisoners, that this firing, to a certain extent, was justifiable, in a military point of view, is order to in. timidate the prisoners, and compel them thereby to desist irnm Al acts of violence, and to retire as they were ordered, from a situation in which the respons bility of the agents, and the military, could not per. mit them with safety to remain. 14 from the fact of the crowd being so close, and the firing at first being attended with very little injury, it appears probable that a large proportion of the miss. keis were, as stated by one or two of the witnesses, levelled over the he.tds of the prisoners; a circum. stance in some respects to be lamented, as it induced them to renew their inbults to the soldiery, which prndeced a repetition of the firing in a manner much more destructive. •' The firing in the square having continued for some time, by which several of the prisoners sus- tained injuries, the greater part of them appear to have been :toning back, with the utmost ptecipita. tion and confusion to their respective prisons, and the cause for tut titer firing seems tit this period to have ceabeti, • it appears accordingly, that Captain Short!sad was in the market sciuurc t evert ing himself and giving orde's to th.t effect, and that Lieutenant Forty; had succeeded in stopping the Ore of his part Of the guard, • Vrisict thase circumstance; it is vet)? difscult to Old any igsqlcati°9 for Olt EcnltitliPlNct fC' newel of the Ilrfns which (,truly lneh place both in the prison yards and elsewhere: though we have some evidence of subsequent provocation given to the military, andftsistance to the turnkeys in shut ting the prisons, and of stones being theism out from within the prison doors. •• The subsequent firing rather appears to have arisen from individual irritation and exasperation On the part of the soldiers who followed the prisoners into their yards, and from the absence of nearly all the officers who might have restrained it ; as well as from the great difficulty of putting an end to a firing when once commenced under such circumstances.— Captain Shortland was from this time busily occupied with the turnkeys in the squire, receiving and taking Care of the wotiuded. " Ensign White remained with his guard at the breach, and Lieutenants Aveljne and Fortye, the only other subalterns known to have been present, continued in the square with the main bodies of their respective guards. 44 The time of the day, which was the officers' dinner hour, will in some measure explain this, as it caused the absence of every officer from the prison whose presence was not indispensable there—and this circumstance, which has been urged as an Argument to prove the intention of the prisoners to take this op. portunity to escape, tended to increase the confusion, and to prevent those great exertions being made, which might perhaps have obviated a portion at least of the mischief which ensued. 41 At the same time that the firing was going on in the square, a cross fire was also krpr up from se vtral of the platforms on the walk round the prison where the sentries stand, by straggling parties of sol diers' who ran up there for that purpose. ig As tar as this fir* was directed to disperse the men assembled round this breach, for which purpose it was most effectual, it seems to stand upon the same ground as that in the first instance in the square. But that part which it is positively sworn was directed against straggling parties of prisoners running about the yards, kind endeavouring to enter in the few doors which the turnkeys, according to their usual practice, had left open, does seem, as stated, to have been wholly without object or ezcuse, and to have been a wanton attack upon the lives of defenceless, and at that time, unoffending individuak. " In the same, or even more severe terms, we must remark upon what was proved as to the tiring into the door-ways of . the prisons, more particularly into that isf No. 3 prison, at a time when the men were in crowds at the entrance. " From the position of the prison and of the door, and from the marks of the balls which were pointed out to us, as well as from cie evidence, it was.clear this firing must have proceeded from soldiers a very few feet front the donr•w.ty and although it was certainly sworn that thtt prisoners were at the time of part of the firing at least, cnminuing to insult and occasionally to throw stones at the soldiers, and that they were standing in the way of; and impeding the turnkey, who was there for the purpo of closing the dour, yet still there was nothing stated which could in our view at all justify such excessively harsh and severe treatment of helpless and unarmed priso ners when all idea of escape was At an end. " Under these impressions we used every en.dea vonr to ascertain if there was the least prospect of identifying any of the soldiers who had been guilty of the particular outrages here alluded to. or of tracing any particular death at that time to the firing of any particul .r individual. but without success; and all hopes t,f bringing the offenders to puntshmeut should seem in be at an end. " In conclusion, we, me undersigned, have only to add, that whilst we lanunt, as we du most deeply. the usifuittniate transaction which has been the sub. Iva of this inquiry, we rind ourselves totally unable to suggest any steps to be taken as to those parts of it which seem most to call for redress and punish- Mehl. (Signed) CMARLIZII KING. ItANCIS Ss YMOUR LAIIPEKT." • PLYMOUIII, APRIL 11, leis. " pursuance of inuruetions received from Messrs. Clay and Gallatin, I have now the honour to transmit to you the report prepared by Mr. Larpent and myself on behalf of our respective Governments, in relation to the unfortunate transactions at Dart moor prison of war, on the 6th of the present month. COnsidering it of much importance that the report, whatever it m•ght be, should go forth under our joint signatures, I have forborne to press some of the points which irinvolves, as far 'as otherwise I might have done, and it therefore may not, be . improper in this letter to enter into some little esplanatioo of such parts of the report. Although it does appear • that a part ofthepri. toners were (*that evening in such a state, and un der sigh circumstance(, as to have justified. in the view which the commander of the depot could not but take of it, the intervention of the military force, and even a snick sense, the tint use bf fire arms, yet rcannot but - expleis it as my settledopinioo t ithat by conduct . a little more temporising, this dreldful alternative of firing upon unarmed prisoners might have beerraviitted. Yet as this opinion has been the result of subsequent examination, and liftet having acquired * knowledge of the comparatively harmless stalk of the prisoners, it may be but fair to-consider, whether in such a moment of ecinfusion and alarm, as that appears to have been, the officir commanding could have fairly estimated his danger, or have mea sured out with precision ihe extent and nature of the force necessity to guard against it. " But when the fining became gentral, as it after wards appears to have done, and caught with electric rapidity from the square to the platforms, there is no plea nor shadow of excuse for it, except in the perso. nal exasperation of the soldiery, nor for the more de liberate, and therefore more unjustifiable, firing .which took place into three of the prisons, Nos. 1,3, and 4, but more particularly into No. 9, after the prisoners had retired into them, and there was no longer any pretence of apprehensions as to their escape. Upon_ this ground, as you, Sir, will perceive by the report, Mr. Larpent and myself had no difference of opinion, and I am fully persuaded that my own regret was not greater than his, at perceiving how hopeless would be the attempt to trOce to any individuals of the military these outrageous proceedings. " As to whether the order to Are came from Cap. lain Shortland, I yet confess myself unable to form eny satisfactory opinion 4 though perhaps the bias of my mind is, that he did give such an order. But his ilq.liety and exertions to stop it afte; it had continued for some little time are fully proved, and his genera l conduct previous to this occurrence, as far as we could with propriety enter into such details, appears to have been characterised with tenderises', and ever. kindness, in the light in which he stood towards the prisoners. " On the subject of any complaints against their own Government existing among the prisoners, it was invariably answered to several distinct questions put by me on that head, that none whatsoever exiss t ed or bad been expressed by them, although they confessed themselves to entertain some animosity against Mr. Beasley, to whom they attributed thri: detention in this country : with what justice yoa, will be better able to judge. They made no con. plaint whatsoever as to their provisions and general mode of living and treatment in the prison. " I have transmitted to Mr. Beasley, a list of dr killed and wounded on this melancholy occatiol., with a request that he would forward it to the Unite State:: for the information of their friends at horni., and I am pleased to have it in my power to say, the wounded are for the most part doing well. " I have also enclosed to Mr. B-asley, the note' taken by me of the evidence adduced before es, wit a request that be would have them fairly copied, also a copy of the depothiens taken before the Cori, net., and desired hint to submit them to you when ir. order. 4 , I cannot conclude, Sir, without expressing r - i high sense of the impartiality and nf.aly fairne with which this enquiry has been conducted on O. part of Mr. Larpent, nor without mentioninp; every facility WAS afforded to us in its prosecution, zs well by the military Officers commanding here xr at the prison, as by the Magistrates in the vicinity. 4 4 I have the honour to be, with much respect . your most obedient humble servant, (Signed) w rtinaLms nzxG. " His Excellency J. Q, Adams, Ste. Alm" " LONDON, APRIL IR, 181 r, ge SIR—At the recrest of Lord Castlereagh, re have had interviews with him and Mr. Goielburn, (T. the subject of the transportation of the American prisoners now in this country, to the United States. and of the late unforttuutte event at the licp3t at Dartmoor. " On the first sohjeci, we agree& to advise your acceptanie of the proposition of Lord CastirreAgil, to transport the prisoners at the joint expense of the .two countries, reerving the construction of the arti cles of the treaty, which provides for the mutual re. storation of prisoners, for future adjustment. - It was stated by us, and was so understood, that the joint expense, thus to be incurred, is to comprehend As well the requisite tonnage as the subsisten ce o f t h e prisoners; and moNover, that measures of precau tion should be adopted relative to the he ilth and comfort of the prisoners, similar to those which had taken place in America. " The details of this arrangement, if you concur with us As to the expediency of making it, are left to y ou t o se t tl e with the prop e r British authority, " On the other subject, as a statement of the trans., action has been received from the Anitrican prisd nets, differing very materially in fact from that which had resulted from an enquiry instituted by the Port Admiral, it has been thought adviseable that some means shouid be devised of procuring inform AtiOn as to the real state of the case, in order, on the one hand, to shew that there had not b-en anr amt.!. or improper sacrifice of the lives t.f Amei ic.ta cih. tens ; or, on the other, to enable the' British Govern ment to punish their civil and military OlECers, if it should appear that they have resorted to measures ri extreme severity without necessity, of with too mush precipitation. 41 Lord Castlereagh proposed that the enquiry should be a joint one, conducted by a Commissioner selected by each Government. Aid we have thought ,such an. enquiry most likely to produce an impartial and satisfactory result. is We presume that you will have too much occupa tion on the first subject and the other incidental duties of your office, to attend to this enquiry in person. On that supposition we have stated to we British go vernment that we should recommend to you the se lecti..n of Charles King, Esq. as a Bt person to con duct it in behalf of the American government, If Mr. King will undertake the business, he wi l forth with proceed to Dartmoor, and in conjunction with the British Commissioner, who may be appointed on the occasion, will examine the persons concerned, and such other evidence as may be thought neces sary, and make a joint report upon the facts of the case to John Q. Adams, Esq. Minister Plenipoten tiary of the United States at this Court and to the British Government. " The mode of executing this service must he left to the discretion of Mr. King and his colleague. If they can agree upon a narrative of the facts, after having heard the evidence, it will be better than res porting the whole m 455 of testimony in detail, which they may perhaps find it necessary to do, it they cannot come to such an agreement. • 4. We are, Sir. your Qbesfient humble servants, (S.gned) s' H. CLAY. "• " ALBERT GAII.LA,TIN." " R. G. Beasley, Esq. ate. au." SOU rIi•AMERICAN AFFAlRS.—(Paivart I..trrrit.) " Cartipageoa, May Yrb 44 On the 22d ultimo I entered this city wider a heavy eannonaue. Until within the last ten days, we have been besieged by a part of me independents under General Bolivar. This civil feud ores siated in consequence Of the Government of this place w inging arms, Ire. to General Bolivar to attack Sant'. Masons, which be had been ordered to do by the Ge. nail! Government at Santa re, directing at the lame time that arm,, &c should be turnishe.t. 44 On this retusil, instead of await ng the further orders of the government, he marched ais army te• wards this place, and besieged it by land during so; weeks: but being destitute of artillery, he coul nrt carry the place, and in consequence of an arrange ment, he embarked a few days since with some of Pis elficers for Jamaica. We expect daily to be blockaded by a Spanish force. From the want of energetic measures, and the -ohs leaven of royalty remaining, at is difficult to say what in the last case will be noir fate. Front other quarters, the patriot cause s ail to be progreksink and at is repeated Vera Cruz is in thbir kinds k it ro t I still trust that the Spanish au thority will be of short duration in America. ' 4 P. S. 4 number 9f arrests Totes-day-02e Ing,ii sititin is 447