Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-01-06

'r" ''o" ioVa place, q WAS within the reach oil
reucGN :"
Examine fret ior mere convenience the de-
positions OF the CaptoIs. there heing in fact on
~ one witness on ia, other side. CIhe learned
Judge here adveIted to the affidavit OF Captain
HOPE. Lisutenants OSmond, powy and Fam
shaw. stating the facts ct the denial of The ex-
istence OF ANY hccuSe bN the master andnaIi-
ners OF the Felicity, aud also the tlistreSsId and
un>eaworthy state She was iu.)
What poSsftSle end, proceeded the learned
Judge, was to BE answered by this walton act
of deStUc tlou, which could only bring destruc-
non on themselves by making themselves liable
Tor The tuil value. The Inconvenience itself
Was quite suthcIcnt TO deter; they were ooin.
to light an American ship uf war of much >upe-
r'or force; To take, on board their ship ID a.
iHcrican scdmen at such a time, must have
been highly undesirable. No visitors could be
more uust asonable. Here was not Il par,icle
oil prom 10 be acquired; this additional crew
| To be lodged and fed till they could tranship
htm-no reSentmeuts To he gratited ihey
must have been disposed TO treat tavorabiy
persons VINO had been so iavOrably captured,
aud they did treat them teudcrly, they took
thtfn on board their own vessel, and after
wards On board one gong TO their own coun-
uy.
Such is the representation given nv these
officers. aud such the circumstances under
winch they appear TO have acied-What then
Is me representation on the other side Its
IN all reason 10 be primarily and principally
expected from The master. He is the person
TO whom the license il sworn. by the super
cargo, 10 have been delivered by the supercar-
go himself, to be produced and shewn wheu-
even occasion might require. He has ii con-
| craled III his possession, aud does not produce
| ~ tiii the act OF destruction has commenced
| tie Is the principal actor, aud ought there
tore, TO be the principal relator OF tl.r business
| w nat does lie say! III his protest not Il
wofd-it - sad that he was afraid ot Ameri-s
| can penalties on the GiSclosure-hut the fact
Is; he SAYS nothing there. There is one other
. sal fl.sf.fs -
| nave expected oicourSe most crcumsiantial
| detail Of this transaction This Affidavit was
| 10 he his Own vIhdtcailOn; II WAS TO be Il most
| grave charge against British officers to found
| proceedings against them in Il BRUSH Cont of
| JnNiice; ~ was to toe ultimately the pxonera-
! t'ob OF his own employers from a most heavy
loss OccdSiored III a most unjust act \ man
must have an understanding sinrularIv nh
scuIe, not 10 perceive and feel the necessity
| OF making most ample and accurate relation
OF the material fact. Observe what he saws
| TIE license was produced and shewn BIZ me 10
| Captain Hope. as soon as | was convinced
that the tricate was British aud not Ameri-
| can but when ihiS conviction fiashpduuon his
| mind after hours OF iucI edulity and dvubt the
very polnt 10 he shewn when and how these
doubts were sitenced lac leaves totally unre-
corded What lie saws is no contradiction.
| TO the officers; they say he produced the H.
| cenSe; they LAY not til. after the shin was s,t
on hfe. He does not contradict this. for he
| DIES not venture 10 say, that this conviction
| rfached hls understanding before it il IN mr.
iecl unison with thsir account. II has been
SAID very truly that an American master mu.t
| be under great ditiicuiiies i'm such situation
but NhoSc who take these licenses tab e them
subject Ia these difficulties, and in confidence
that ihoSe who use them on their behalf will
use them with reasonable discretion Is the
conduct of this man recouCilable with the
hnmhlest description of such "a discretion lie
*, or ms Own admission, -four hours under the
| belief tia this was an American Irjcat. tnr
he admits that he was not convinced nm I'll his
az fVn u
itself which lie was on board OF tor hours nor
the cthCers with whom lie was conyersipy
moved his understanding at all !; lie Tesists ali
PROOF. III persons VIII employ men whose
Iaieilec;s travel so slow they mus, take the
cOnSt que noes when he is sailed uDOn bX the
necessity OF the ease to State when they did
arrI-e at the proper conclusion, or what at
| feCted il, he is totally silent Tie man ia ton
wise and too cunning for his situation hIswas
that superabundans CautiIa which is more al
| lied 10 folly than discretion.
Ii the master, who is the depository, aud
producer of this license will NOT declare at
what time it was produced hardly think any
olhei evidence 10 that question Ut lime would
he admissible with effect. But There is anO-
ther "IlresS, the surpercaTgO who has made
three afhdANIts, in which the case on than side
! l. wholly comprised for when the claimant
steps out OF them, he Steps into empty SPACE
| In the Eist aNd second atiidavits be Describes
eNaCtiy as the master does. The license WIS
| ptodHced by 4. Smith, as soon as he ascertain
| ed that the EndN tnIOu y British ard not
! am American iriEaie, y, The third affidavit
he does not adv eri To the captiiu ataIl. This
l. the sum of his evidence resp citing the arts
OF the master, 10 whom lie hhI.s elf had deli
| Nered the Incense, 10 be produced whenever
occasion might require. HE IOial want of
any such proof on the part of The master is 10
he supplied EN The proof of his own acIs II
Snch proof was even credible in itself, it
, would hardly ans ~ sr such purpnse-beCan>e
/ u iiiS YersOn declared ever So strongly thai
: tile master had liceuSc ~ his possession, aud
4 Z. me- tor ar .iat Ia a..
| lhcI produced tie license. nor accrnut,d for
| TIE hon-prohuCiiUn, " hICi of the two was To
I be believed The master, uud0ubtedlN He
| mus! knOw whether he was az Gas not the de-
po-itory Of the license and f. he uositiyely
dculrd 1t, the other mans assertions could ne
yer iotcC the Tact of such possession upon
Inn. !jui Tie whole account given bV this
/ JhHNcr lthp SUpefcargoJ dues not wPaT the
/ least color OF Truth ~ the Ist aud "a afii5a-
VII ne 0uly s"Ss IN general that lic did Iepeat-
/ cdiy before the signal for buruiug was CAV en-.
/ assure Captain HOPE dat lac had a licencc-
| IL the Sd affidavit he rs more uarticriar as 80
! his own cOnGnct; ne says that when Ormond
came the second time, he took him aside and
| informed linn that captain Smith and himself
| bdd nothing IN Tear from a British brit only
! from AN American trl gate for that they had a
/ British license said So from conviction i'm
| hiS own mind that II was British II. ate al
| though tie capt~in had expressed some doubts
OF IL. HOW 'iIS nut itt cts were so much quick
! or than The masters non COuytat II had
| no. been or board he had rOnversed only
! Win his one officer, aud yethe yeas convinced
| lhuH-h captain ,. vas soon uucoutiiCpd and
/ remained 80 alter being on board ior Two or
! tutc sous aud conNctsed " ~ ll the officers
! N"tiI"E can BE- more incredible tbantbat any
! SH'h touNcIsatl0n passed; u u had, The con-
| sequences must have followed that Tie lieu
/ tenant must nave challenged The master with
/ ~, a"d confronted him with haStr. u could
| not naturally be otherwise. Hpmnst IlLewte
! nave reported ~ o captain Hope, who mast
! h''s ihi"3i 0-5lf q aih confronted thcn iu Ike
manner but notli0g OF lh,s sor passed the