The Statesman. — London, England, 1815-03-15 00:00:00

i t . s SCOTCII JURY 811.1.. Sir G. CLARKE presented a Petition from the freeholders and herilurs of the county of Edinburgh, against this Bill. Mr. HORN ER said, that he could not let this Pe. tition pass without noticing that it stated, that this Bill hud but very lately come to their knoilerlgo; whereas he knew that it had been printed at Edin burgh before Christmas. Sir G. CLARKE said, that the original Bill had been sent down to Edinburgh, but that it had been so materially altered in the Committee, that it had since assumed a new shape. It was to the ne►v Clauses that there was the principal ohjections. Mr. M. A. TAYLOR did not conceive that upon every alteration which might be made in the Com mittee, it wai necessary to consult the people in Scotland. Although the Petitions were entitled to great respect, they should not prevent Parliament from legiclating, Mr. HORNER certainly agreed with the Peti tioners in thinking that the Judges should be all men who had devoted a considerable part of their lives to the study of the Scottish laws. Mr. DUNDAS considered that the most important part in the whole Bill was the Clause for requiring unanimity in the Jury, instead of being content with a plurality. If this Clause were to be expunged, he should not be at all anxious about the Bill. The retition was then brought up, and ordered to lie on the table. Mr. W. SMITH expressed his doubts of the pro priety of introducing into Scotland the English prin ciple of unanimity in Juries. lie questioned much, whether the scruples mentioned in the Petition as to its irrecancileablenegs with the conscientious ad herence to their oaths, were not very well founded. Be agreed, however, that all the lawyers he had ever met with, regarded it as a practical benefit, whatever sole...im it might be in theory. Sir J. NI ACKINTOSII and others supported the e pleasure, after which the Petition was received, and ord 'red to lie on the table. TiteCHANCEI.I,OII, of the EfICREQUER. laid on the table, the Convention, signed at Chaumont, between the Ministers of Great Britain, Austria, aiid Russia. Mr. HORNER enquired, ultether it was intended fn produce to the House immediately, Copies of the Treaty of Ghent, and the uegociations which pre cri.ded it? The CHANCELLOR of the EXCHEQUER re plied, that in consequence of the intelligence of the %American Government having Ratified the Treaty, It would be shortly laid on the table of the House. After a few words from General THORNTON, the Report of the South Sea Act Committee was brought . up. The War Duties, Customs, and Eveise 13i114 were then read a first time, and ordered to be read a se cond time on Thursday. The Wine Daty Bill was postponed till Monday. • The Sugar Bounty Bill then passed through a Committee, after which the House adjourned. COMMODORE DECATUR'S' ACCOUNT of the CAPTURE of the PRESIDENT. Ilis Britauaie Najetty's Ship Eakinlan, at Sea, Jim. IS, 1815, SlR,—The painful duty of detailing to you the rtrticular causes which preceded and led to the cap ture of the late United States frigate President, by a squadion of his Britannic Majesty's ships (as per margin) hos devolved upon me. In my communica tion of the 14th, I made known to you my intention to sail on that evening ; owing to some mistake of the pilots, the ship, in proceeding to sea, grounded on the bar, where she continued to strike heavily for an hour and a half. Although she had broken several of her rudder braces, and had received such other material injury as to render her return into port desirable, I was unable to do so from the strong westerly wind which was then blowing ; it being now high water, it became necessary to force her aver the bar before the tide fell ; in this we suc eeeded by ten o'clock, wheu we shaped our course along the shore of Long Island for fifty miles, and then steerel S. E. by E.; at five o'clock three ships were discovered a-head, we hauled the ship up im mediately, and passed two miles to the northward of them ; at day-light we discovered four shipsie space, one on each quarter, and two a-stern, the leading ship of the enemy a ruzee, and about three miles distant: at meridian, the wind became light and hatlling ; we had increased our distance from the razed, but the next ship astern, which was also a large ship, had gained and continued to gain upon us considerably ; we immediately occupied all hands to lighten slip , by starting water, cutting assay the anchors, throwing overboard provisions, cables, spare spars, boats, and every article that could be got at, keeping the sails wet horn the royals down. — At three, we had the wind quite light ; the enemy, who had now been joined by a brig, had a strong breeze, and were coming up with us rapidly; the dymion (mounting 60 guns, ‘2 , 1-poteulers on her main deck) had now approached us within gun-shot, mud hail commenced a tire with her bow guns, which we returned from our stern; at Live o'clock she had obtained a position on our starboard quarter, within half point blank shot, on which neither our stern nor trailer guns would bear ; ww were now steering by N. the wind N.W. I remained with her in this position for half an hour, in the hope that she would close with us on our broadside, its which case I had prepared my crew to board; but from his continuing to yaw his ship to maintain his position, it became evident that to close was not his inteution ; every fire now cutsome of our sails or rigging, to have continued our course under these circumstauces would have been placing it in his power to cripple as without being subject to injurrhimself, and to have hauled up more to the northward to bring our stern guns to bear would have exposed us to his raking fire. It was now dusk, when I determined to alter toy course south, for the purpose of bringing the enemy abeam ; and although their ships astern were draw. up fast, I felt satisfied I b hoold be enabled to . tnrow kiln out of the combat before they could come vp, and was not without hopes, if the night proved • dark (of which there was every appearance) that I enizlit still be enabled to effect my escape. —Our op rment kept off at the same instant that we did, nod our fire commenced at the same time; we con- THE STATESMAN. tinued engaged steering south, with steering sails set, two lurs and a half, iwbeb lie completely suc ceeded ikdisetantling her, Perviously to her drop ping entirely out of the action, there were intervals of minutes when the ships were broadside and broad side, in which she did not fire a gun. At this period (half past eight o'clock) although dark, the other ships of the squadron were in sight, and nearly within gun-shot, we were, of course, compelled to abandon her; in assuming our former course, for the purpose f avoiding the squadron, we were compelled to present oar stern to oar an ' tagonist ; but such was his state, although we were thus exposed, and within range of his guns, that be did not avail himself of this favourable opportunity of raking us: we continued this coarse until eleven o'clock, when two fresh ships of the enemy (the Pomone and Tenedos) had come up ; the Penione had opened her fire on the larboard bow, within musket shot, the other about two cables' lengths astern, taking a raking position on one quarter, and the rest (with the exception of the Endamion ) which ship was not in sight) within gun-shot. Thus situated, with about one-fifth of my crew I killed or wounded, my ship crippled, and a more than fourfold force opposed to me, without a chance of escape left, I deemed it my duty to surrender. It is with emotions of pride I bear testimony to the gallantry and steadiness of every Officer and man I had the honour to command on this occasion ; and I feel satisfied of the fact of their having beaten a force equal to themselves, in the presence and almost under the guns of so vastly a superior force, when, too, it was almost self-evideut that, whatever their exertions might be, they must ultimately be cap tured, will be taken as evidence of what they would have performed, Fad the force opposed to them been in any degree equal. If, Sir, the issue of this affair had been fortunate, I should have felt it my duty to have recommended to your attention Lieutenants Shubrick :and Gal lagher; they maintained, throughout the day, the reputation they had 'acquired in former actions; Lieutenant Twiggs, of the marines, displayed great zeal; his men were well supplied, and their fire in comparable, so long as the enemy continued within musket range. Midshipman Randolph, who had charge of the forecastle division, Managed it to my entire satisfaction. From Mr. Robinson, who was serving as a volunteer, I received essential aid, par ticularly after I was deprived of the services of the `Master, and the severe loss I had sustained in my Officers on the quarter-deck. It is with extreme regret I have to inform you that Lieutenants HAW, Hamilton, and Rowell fell in the action ; they have left no Officers. of superior merit behind them. Of our loss in killed and wound. ed, I am unable, at present, to give you a correct statement, the attention of the Surgeon being se entirely occupied with the wounded, that he was unable to make out a correct return when I left the President ; nor shall I be enabled to make it until our arrival in port, we having parted company with the squadron yesterday ; the enclosed list, with the ' exception, I fear, of its being short of the number, I will be found correct. _ For twenty-four hours after the action it was near ly calm, and the squadron were occupied in repairing the crippled ships ; such of the crew of the President as were not badly wounded were distributed on board the different ships : m) Of, and a part of my crew, were put on board this ship. Oil the 17th %ie had a gale from the eastward, when this ship lost her bowsprit, fore and main masts and mizen top-mast, all of which were badly wound. ed, and was, in consequence of her shattered condi. tiott, obliged to throw overboard all her upper-deck guns. Her lon in killed and wounded must have been very great: they appear extremely anxious to conceal it. The number thrown over-board dosing the action, and the day following, I have not been able to ascertain; ten were buried after I came on board (36 hours after the action), the badly wound ed, such as are compelled to keep their cots, occupy the gun-deck t from the cabin-bulk-head to the main• mast. From the crippled state of the President's spars, I feel sati.lied she could not have saved her masts ; and I feel serious apprehensions for the safety of_our wounded left on board. • It is due to Captain Hope to state, that every attention has been paid by him to myself and officers that have been placed on board his ship, that delicacy and humanity could dictate.--I have the ho nour to be, with much respect, Sir, your obedient servant, (Signed) S. DECATUR. The Hon. Benjamin Crowainshield, Secretary of the Navy. Squndion referred to in above letter:—Majestic (razee), Eudymion, Pomone, TeuetioN and Dispatch brig. SUPPLEMENT TO TH E LONDON GAZETTE OF TUESDAY, M.►Rca 11. WEDNESDAY, MARCH li. Foreign Office, ilfarch 14. The Honourable Captain Maude, of his Majesty's ship Favourite, arrived at this office at half-past nine last night, being the bearer of the Ratification, by the President and Senate of the United States of America, of the Treaty of Peace, concluded at Ghent, between his Majesty and the said United States, on the 24th of December last ; of which Treaty the following is a copy : s citizens of the'United States; who, after a E grilmmunlcation of their respective full pow , grapd upon the following Artitles:—. ALIT. I. There shalt be a firm add ettiverc t between.his Britannic Majesty and the 'United and between their respective countries, cities, towns, and people, of every degree, exception of places or persons. All !instil by sea and land, shell cease as soon as ti ;Itsall have been ratified by both parties after-mentioned. All territory, places, al tions whatsoever, taken by either party other during the war, or wbich may be MI the signing of this Treaty, excepting Islands hereafter-mentioned, shall be rest. out delay, and without causing any destruct, 'carrying away any of the artillery, or or property, originally captured in the sat places, and which shall remain therein exchange of the Ratifications of this Treat slaves or other private property. And al records, deeds, and papers, either of a tore, or belonging to private persons, wl course of the war may have fallen into the the officers of either party, shall be, as I be practicable, forthwith restored, end d( the proper authorities and persons to who( spectively belong. Such of the Islands in the Bay of Passau as are claimed by both parties shall remain rpossession of the party in whose occupatice I be at the time of the exchange of the retire __ ..... ....us &WIWI, glaim. - - this Treaty, until the decision respecting the title to I along the middle of that 'titer, to the forty-fifth the said Islands shall have been made, iu conformity I degree of north latitude, thence by slice doe west with the Fourth Article of this Treaty. 1 on said latitude until it striltellhe tiver.lroquois or No disposition made by this Treaty, as to such , Cataraguy, has not yet 'beau surveyed, It is agreed possession of the islands and territories claimed by ; that for these several purposes. two Commissioners both parties, shall in any manner whatever be con- I shall be appointed, sworn, and authorised, to act 'trued to affect the right of either. exactly in the manner directed with respect to Arr. 11. Immediately after the ratifications of 1 those mentioned in the next preceding . article, this Treaty by both parties as herein after - I unless otherwise specified in the present article.— men-tioned, orders shall be sent to the armies, I The said Commissioners shall meet at St. Andrew's, ' squadrons, officers, subjects, and citizens of the 'hi the province of New Brunswick, and shall have two Powers, to cease from all hostilities. And power to adjourn to such other place or places as to prevent all causes of complaint which may arise ! they shall thick , fit. The said Comniissioners shall on account of the prizes which may betaken at sea: hate power to ascertain and determine the points lifter the said ratifications of this Treaty, it is reci- above mentioned, in coniormity with The prairi e procally agreed, that all vessels and• effects which lions of the said Treaty of Peace of 1783; la may be taken after the space of twelve days from the I shall cause the boundary aforesaid, from the sown said ratifications upon all ports of the coast of Mirth-, of the river St. Croix to the river froquoie or America, from the latitude of 23 degrees north, to'; Caters/n ( lr to be surveyed and marked according to the latitude of 50 degrees north, and as far eastward Abe, inlet provisions; the std Commissioners shall In the Atlantic Ocean ns the 26th degree of west' make a map of the Said boundary, and aunexed to longitude from the merislian of - Greeneicii, shall be it a declaration ender their hands and seals, certify restored on each side ; that the time shall be thirty : ing it to be the troonlap of the said boundary, and days is all other parts of the Attlantic Ocean north particularizing the. latihuthe ind , longitude of the of the equinoctial line or equitor, end the same time Ltterth-west eagle' of: nova Scotia, of Abe north ' for the British and Irish Channels. for the Gulf of westernmost bead-of, Connecticut Ititer . ,andof such 1 Mexico , and all parts of the West Indies ; forty other points of the saiffboundary as they may decor days for the North Seas, for the Baltic, and for all proper. And both parties agree to consider such parts of the Mediterranean ; sixty days for the At-' map and declaration as finally and concluttrely f.' lantic Ocean, south of the equator, as far as the la-' the said boundary. And in the eve* of the said titude of the Cape of Good H m elope ; .ninety days for Commissioners differing, or both, or either of I every other part of the world south of the equator, !refuSing, declining, or wilfully omittins to act, and one hundred and twenty days for all other s parts ! reports, dechtratione, or statements shell be mai of the world without exception. ' • ' them, or either of tnem, and such reference , ART. 111. All prisoners of war taken on either 7friendly Sovereign or State shall be made in all side, as well by land as by sea, shall be restored as spects, as in the latter pa rt of the feur(h article soon as practicable after the ratification - of this : contained, and in as full a manner as if the , Treaty as herein-after-mentiohed, on their paying was herein repeated. the debts which they may have contracted during ._ AZT* VI. Whereas by the former Treaty of Peal 1 their captivity. The two Contracting Parties respec- that portion of the boundary of the United ! tively engage to discharge in specie the advances from the point where the 45th degree of north ' which may have been made by the other for the sue- , 'tilde itviket tho River Iroquois or I.:autarky, to (tenance and maintenance of such prisoners. , Lake Superior, was declared to* be 66 along ART:SIV. Whereas, it was stipulated by the 2d I middle of said river into Like Ontario, through - Article in the Treaty of Peace of 1783, between his ' middle of said lake, until it strikes the comma! Britannic Majesty and the United States of Alpo-Ition by water between that lake and Lake rica, that the boundary of the United States should I thence along the middle of said communication comprehend " all Islands within 20 leagues of any 'Lake Erie, through the middle of said lake, u , part of the shores of the United States, and lying be. , errrives at the water communication into the tween lines to be drawn due east from the points ' Huron, thence through the middle of niabla where the aforesaid boundaries, between Nova Scotia the water communication between that lake and lon the one part, and East Florida on the other, shall Superior ;" and whereas doubts have arisen respectively touch the Bay of Fundy and the Atlantic I was the middle of the said river, lakes, and Ocean, excepting such Islands as now are, or hereto- I communications, and whether certain islands fore have been within the limits of Nova Scotia." And 'in the same were within the dominions, of his whereas the several Islinds in the Buy of Passama- ; tannic Majesty or of the United States. In of quoddy, which is part of the Bay of Fundy, and i therefore, finally. to decide these doubts, they the Island of Grand Menan, in the said Bay of , be referred to two Commissioners, to be apeoit Fundy, are claimed by the United States, as being : se:ern, and authorised to act exactly in the mai comprehended within their aforesaid boundaries, directed with respect to those mentioned in the ' which said Islands are claimer] as belonging to his' preceding article, unless otherwise specified in Britannic Majesty, as having ,been at the time 0f,,1 present article. The said Commissioners shall . and previous to the afareratid Treaty of •:1783,“n. the first instance, at Albany, in the State within the limits of the province of Nova' Scotia LlNew York,- and shall have power to adjourn to in order, therefore, finally, to decide' ppon these 1 other place or places as they nail think fit. !claims, it:is agreed that they - shall be 'referred to siaid Commissioners shall, by a report or declarah two commissioners, to be appointed in the follow- under their hand and seals, designate the bound , , ing manner, viz. :--One Commissioner shall be ap.• through the said river, lakes, and water commune pointed by his Britannic Majesty, and one by the , tions, and decide to which of the two Contras the advice and consent of the Senate thereof; and ; Parties' the several Islands lying within the the said two Commissioners so appointed, dipll be! rivers, lakes, ,aval. ,water communications, do swore impartially to examine and decia upon the l spectively belong s in conformity with the true said claims, according to such evidence as shall be tent of the said Treaty of 17G3. And both Ps laid before them on the. part of .leis.Mritanag 'Ma- agree to consider such destination and decisio jesty and of the United States vetpeotinely. The said , Pal end sonclusive. And in the event of of the Commissioners shall .meet at . St. Alidmort, s its-thii. bieLt onitatsl9yers differing,sstr both •or eithe province of New Brunswick, and shall have power "them Eefosirig, declining, or wilfully omittie to adjowris ,to such other place or places as they actottch reohrts, declarations, or statement!, shall think 'fit. The said Commissioners' hill by al, be made by them, or either of them, and sucl decleratleo or report under their hands and sea l s o *retina tti h friendly Savo pips or State shall be decide to which of the two Cuntracting Parties "the . in all respects is in the inlet. pert of the fours several Islands aforesaid do respectively belong, in , ticles is contained, and in. as full a. manner as ' conformity with the, true intent of the said Treaty :lame was herein repeated. of Peace of 1783; and if the said Commissioners i 'AWN VII.. It is further agreed,' that the said shall . agree in their decision, both parties shall consi- last e mentioned Commissioners, after they shall " der such decision as final and conclusive. , i enectited . tbe duties assigned to them in the prey It is further agreed, that in the event of the two article, shall be, aid they are hereby authL Commissioners differing upon all or any of the upon their oaths,. impartially to fix and &terns matters so referred to them, or in the event of both according', to the , trite intent of "Ihelaid Treat or either of the said Commissioners refusing or de. i Peeneef 1783, that part of the 'boundary bee clining,.or wilfully omitting to act as such, they , ! the dominions of the two Posers, which ell shall make jointly or separately, report or reports, train the Witter communication between Lake as well to the Government of his Britannic Ma. and Lake Superior, to the most north-wet jesty, as to that .of. .the United' States, stating in. paint of-'the Lake of the 'Woods ; to decide detail the points on which ' they differ, and the ; which lir the two Parties the several islands Ivies grouOds upon which their respective opinions have ; the lakes, water communications and rivers lure been formed, or the grounds upon which they, o v ; the said boundary, do respectively belong, in c either of them, have so refused, 'declined, or omit. i (nrmity with the true intent of the said Treaty ted to act. And his Britannic Majesty and the I Peace of 1783, and to cause such parts of the Government of the United States hereby agree to' boundary as require it to be surveyed and ma' refer the report or reports of the said Commis- The said CoMmissioners shall by a report or (I• stoners to some friendly Sovereign or State, to be ration, under their hands and seals, designate then named for that purpose, a n d Who gall be boundary aforesaid > state their decision on di th a PI ill 2,, i 31 P F-• -Arc • - - 2 r:3•70;101- - Mil; a lir litatgai etie'lpro4al requested to decide on the differences which may ,veers, hive be stated in the said report or reports, or upon the report of one Commissioner, together with the renal peace grounds upon which the other Commissioner shall ited States, have refused, declined, or . omitted to act , as t h e territories, case may be. And if the Commissioner so refuting, e, without declining, or omitting to act, shall also wilfully ilities, both omit to state the grounds upon which he has so done, this Treaty in such manner that the said statement may be re. ;as herein- (erred to such friendly Sovereign or State, together and posses- with the report of such other Commissioner, then: r from the such Sovereign or State shall decide, ev parte, upon taken after the said report alone ' - r and his Britannic Majesty and . only the the Government of the United States engage to, coo- toted with- sider the decision of such Mend!) , Sovereign or State, ruction, or to be final and conclusive on all Lie matters so re- )ther public (erred.' tid forts or ART. V.—Whereas neither that point of the High. upon the lands lying due nettit from the source of the river St. ty, or any 1 Croix, designated in the former Treaty of Peace be. ll archives, I tween the two Powers, as the ilortit.w..st angle of public na- Nova Scotia, nor the north vv .steremost head of rhich in the Connecticut River have yet bre astcrtained ; and he hands of whereas that part of the boundary line between the far as may dominions of the two Powers, which patent's front delivered tis the source of the River Saint Croix, directly )m they re- north to the above-mentioned north-west angle of Nova Scotia, (hence along the said Highlsodi amaquoddy which divide those rivers that empty l ain in the into the river Saint Lawrentei • fain those which in they may fall into the Atlantic Ocean to. the . WM-Western. ifications of , most head of Connecticut River s thence down ;ding to rs shalt zed ter certify. rv, and of the north. •of each e y ; fi d e : 7 e cag s4 ,alrl two -t t hem, :t, such null , by to a all re. lids is e same f Peace, d States a th lati. in to ate ong the • ugh the munica. o e Erie, a on into t until it e Lake It 'lake to td Lake n what • * I water lying • tis Bri• order, a ay shall minted, b manner e' le nest ti in this mee t Mate of to such t.• . r.e ti traliou, undary trac• tig he HO do st• rue is. Partici siert as ' 1 thew! [her of ling to s, och re- at ? made, irth tr• s if the tee ti - le 11 hoc efPtlinl IN horised el emai: o 4 ea ty of bt ietee rated "Iwo dt wesir th ride t a ormi" . • ' p Co ate Il,• di ad,'" 31 I' ,te • St; A A TREATY OF PEACE AND AMITY BETWEEN HIS BRITANNIC MA• JESTY AND THE UNITED STATES OF AMERICA ) SIGN ED AT GHENT ) DECEMBER 24, 1814.. His Britannic Majesty ■nd the United Strifes of America, desirous of terminating the war which has unhappily subsisted between the two countries, and of restoring, upon principles of perfect recip►ocity, peace, friendship, ■nd good understanding between them, have for that impose appointed their respec. tire Plenipotentiaries, that is to say, his Britannic Majesty on his part has appointed the Right Ron. James Lord Gambier, late Admiral of the White, now Admiral of the •Red squadron of his Majesty's fleet ; Henry Goulburn, Esq. a Member of the Im perial Parliament, and Under Secretary of State; and William Adams, Esq. Doctor of Civiarisva--4nd the President of the United States, by and with the advice and consent of the Senate thereof, hu ap pointed John Quincey Adams, James A. Bayard, Henry Clay, Jonathan Russell, and Albert Gallatin, ~.-=