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1) AIITM 00U AFFAIEL XonioJT, Xpril, 1815. ' c, Uthe request ofIxrd Cas'tJer j, we bTt a interviews' uitfl rn and Mr. Goulboraonthe tabject nr now in this countrrt to the il states, and of the late' unibr- event at taeaepotai U4rtmoor. Oq tae nrsi buujc npaticcuww . roar acceptance of tneproposi- oa of Lord Cfastlercah to transport 'a. nwners at the jointrexpenseol A.ftt-o countnest ction'of the'articles'of. the treat, -tab provides Tor "the .mutual restora- oaol prisoners iui imiuic uijuskujciiu ft is stated bj us and was so under- )od, that tne joint expense, uus to iacarred is to comprehend as well be requisite tonnage as the subsistence "sf tie prisoners and moreover that oeisares of precaution should be a- iirted relative 10 me Jieaim aou com- fsrtof the prisoners similar to those Kich had taken place-in America. Tie details of this arrangement, if tj concur with us as to the expedjen cf0fmakin5.it, axe left to jrou to set te with the proper British authority. Oa.the other subject, as a statement tl the transaction, has heerr, received foa the American prisoners. difTenn tar majerialry in tact from that which "rtfilted from an inquirj instituted by titpost-admiral, it has been tfrourht ilnsable" that some means shouId.be idied of prcuririg lAftoniation as to tie real state of the case, in order on de one hand, to shew that there had otbeen any wanton or improper Sa cice of the lives of American citi ra, or, on the other, to enable the British government to punish their ci- ud militarjr officers, . if it -should tppar that thej have resorted to mea ruti cf extreme severity without ne ttssity, or with too much precipitation. Lord Castlereagh proposed that the eiry should be a joint one, conduct dlr a commissioner selected by each pterameut. . And we have thought iich an enquiry most likely to produce U ttiparuai ana sausiaciorv resuu. We presume that you will have too ah occupation on the first subject lad the other incidental duties of your i5:e, tn attend to th3 enquiry in per ra, Oa that sunposition we have ftxitd to the British government that vt should recommenif to jrou the se lection of Charles King, Esq. as a fit jerson to "conduct it io behalf of the laerican government. If Mr. King tili undertake the business, he will rtHnvh proceed to Dartmoor, and in onjtcction uth the British commis t'lner, who may be appointed on the vcasion, will examine tlie persons cwicer&ed, and such other evidence as ut be thought-necessary, and make faint report upon the- facts of the m to Juhn Q. Adams,' Esq. Minister .eaipotentiary bf tle United States 'it this court and to the British govern ment. ... The mode of executing thisservice fnast be left to the discretion of Mr. Kiaranrl KIa"rt11niA- If their, can . a -j . Tee upon a uirrative of the facts af t taxing heard Uie. evidence, -it vill Utter than reporting the whole . fcASA of testimonv:in detaiV which they jT perhaps finJ it necessary to do, if uct cannot come to such agreement. ; "e are, sir, your obedient humble 'runts, . . v ( gntd) II. X.Y, . ALBERT tJALUVTTX. V-' rifmouth, Jlpril 2G, 1S15. "e, the uudersiCTied commission V1 ppolued on behalf of our respec goTernments, to inquire into arid "ppyft tpon, the unfortunate occur of tSe 6th of April inst. at-Dart-prison: having carefully perused .e proceedings of tie several court of. reapectivel r. ki well, as lhe 5e Pn the bodies of the prisoners Vwiot their IWes upou that melan- r -ivim ias.cn II Li IK curuiiiTA 111- trocii immfliAteIv tith r & - w a ination.u ,T'J vji aii we.witnessesy Dotn A r!ncn and EtrHbh: whoAteredthemv Endbh: whootTered. them .-c ior taat py , or who ceuld covered as rikelyltcaf afibrd.wr ' msuuueu ltnmcaiaieiy -aiier t event, bv the orders -of Admiral L,r T. fruckwprtVandMaj.Gen. k. V I ! I i I P . 1. 'v ccasion upon- which inquest JJ7 fgaiul4i vnlict- of Justifiable: nformarion on tne subject, as of about eighty. , We further proceed ed to a: minute examinatiok of h trii soucrsr for the purpose of clearing up viu LAJUit wnicn.upoo ,ttie evidence alone were, scarcely. intelligible ; ob taming from the prisoners, and from the officers of the depot, allihenecesa- rjr assistance ana .explanation j. and premising,' that we have been from ne- VJ compeueao aeaw.manvotour conclusions from. statements and evi dence highly contradictory, we do now make upon .the whole Droceedinrrs the loiiowmg report . , , : , , ' Dttrinf: the period whkh has eiansed since the arrival in this' country 61 the account of the ratification if the treaty of Ghentan increased degree of rest lessness and impatience of confinement appears to have prevailed amongst the American prisoners atDartmoor.which. thouctiiwt exhibited in the shane of Tiuicu excesses, nas oeen princi pally indicated bv threats of breakin? rTTi. : 1 v...- out if not soon released. - . . On the 4th of this month in particu ar, only two days previous to the events the subject of this enquiry, a large bo dy of the prisoners rushed into the mar ket square, from whence, by the regu lations bf the prison, they are excluded, demanding bread, instead 'of biscuit, which had on that caj: bef 0 issued' by the officers of the depot; theirdvmands, however, having been then -almost im mediately complied with, they return ed to their own yards, and the employ ment of force on that occasion became unnecessary. On the evening of the 6th, about six o'clock," it was clearly, proved to us, 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 commenced in the course of the day near the same spot, though ne ver completed. That a number of the prisoners were over the railing erected to prevent them from communicating with- the centinels on the walls, which -was of course forbidden by the regulations of the prison, and that in the space 'be tween the railing and those walls they were tearing up pieces of turf, & wan tonly pelting each other in a noisy and disorderly manner. That a much more considerable num ber oJ the 'prisoners 'was collected to gether at that time in one of the yards near the place, where the breach was effected, and that although such collec tion of prisoners was not unusual at other times (the Gambling Tables be ing commonly kept in that part of the yard) yet, when connected with the cir cumstances of the breaclf, and the time of dav, which was after the hour of the signal- for the'-prisoners to retire to their respective prisons had ceased to Jpnd, it became a- natural and just ground 01 alarm to those who nau cnarge of the depot. ' - It was also in evidence that in the building formerly,' 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 com munication, a part of the:arms of the fuard who were offdutvV were usually cptin Hie racks, ami though there .was no evidence that thisrvwJiB1 in any respect tne motive wnicn mauceu xu& prisoners to make the opening III the wall, or even that they were even ac quainted with the fact, it naturally be came at least a further cause of suspi cion and alarm, and an additional rea son for precaution. 4 ' " Upon these grounds, Capt Shortland appears to us ta have been justifiedrin giving the order, which about this time he seems to have given, "to sound the a larm.bell, the usual signal forcollect ing the officers ;o( the depot and put tine the military on the alert . J. : : - However reasonable and. Justifiable thb;W .is a measure of precaution, the e fleets produced-thercbyin the pH-r sons, but which could hot .Jiaye beenjin tenuedl were most unforhinaet.and deeply, to be regrctted.A-consiaera-bl number of the prisoners' in -, the yards 'where no 'disturbances . eiisted be fore', and wjiovcrc v either already witlirn' tlieir"repective prisons, or.qui- ctjy returning as usuiM wwwuB uicui uukb ujv w if . - " r nv.uho were, ."at the time . absent from tneir yards, were also, from the plan of" lmal well as those who have been previous porone'r,.As ,0 thenviseto thejiumber iufthe whole 1- . - ! i , i ff r - ' - - - - - - . i -m i i i ai in I lit i i i Mm i m iii wii iiii It. m 9- " 'JVJ--' 1. ' v-ii . ineprison,QompelIed, m order to reach uxeirown homes,topbythesWespbt & thus that which was merel v 4nMn of precautipn, in'its: operation increas- c uxc cvii it was intenaea to prevent , Almost at the. same itmiunt fKo, alarm; bell, rangi (but whether before or Buuacuueai is upon me evidence doubt ful, though: Cant. Shortland Ktatfta.it positi vel jas one of his further reasons tor ;causing it to ring) - some one" or more of the prisoners broke - the" irmir chain, vhich was the Ohly fastening;bf baLe--.leaning, into the ImarKet square, by means of an iron bar r and a very consiaeranie numoer ol-theipn-soners immediately rushed to wards the gate ;'iand many of them began to press lurwarua is last as tne opening wquiu pennituitp ..the square. m , There.'was no direct' proof before u$ of previous concert or reparation on the part of the prisoners, and no evi dence of their intention or disposition to effect their escape on this; occasion, excepting that which rose by-inference from the whole of .Ibe above detailed circumstances connected together. 4 . The natural and almost 'irresiatftble ltiference-to- be drani hwvever from the conduct of the' prisoners by . Capt. Shortland arid the military wasjtht an intentibn on the part of, tie .prisoners to escape was on th'e'point' of being dar ed into execution, and it-was at least certairf.that they were by force passing: beyond the limits prescribed ta them at a time wnen tney ougnt to nave oeen quietly going in for the nighty if;, was also in evidehce that the oufeVleftof the market square were usually open ed about this time to let the bread wag gons passed repass to the store,; at tho'at the period in qupstion they were in fact closed. ; " : ; ,- Under these circumstances, and with tliese impressions necessarily operatiner upon his mind, and a knowledge that if the prisoners once penetrated throve square, the power" of escape was almost to a certainty airorded them, it they should be so disposed, Capt. Shortlaijq in the first instance proceeded do wn the square, towards the prisoners, 'having ordered a part ol the" dinerent guards, to the number of abbut'5(J oHily at -first, (tho' ihey,were increased ailenvards) to follow him. For some time bpth be and l)r. Magrath endeavored by quiet 4Un prisoners to retire to their own yaros, explaining to them the ..fatal consequen ces which must ensue if they refused, as the military wquld in that case be necessarily compelled to employ force. The guard was oy this time formed in the rear bf Capt Shortland, about two thirds of .the way-down the square the latter is about 100 feet broad and the guard extended nearly all across. Capt Shortland finding .that persuasion was all in vain, and that altho' some were induced by it to make an effort .to ..re tire, others pressed on in considerable numbers, at last ordered about 15 nie of the guard, nearly in front of the gate which Tiad been forced, to charge the prisoners back to their o wn yards. The prisoners were in some, places so near the military, that one of , the soldiers states that he could, not come fairly.down to the charge f and the mi litary were unwilling to act as against an enemy. Some of the'prisbnelrs also were unwilling and reluctant to retire, and some pushing oc struggling ensued between the parties, arising partly from intention, but mainly trom the pressure ot uiose , oenmu :,prevenung . xnose 111 front from getting back AfEer som little- time, however, this" "charge ap pears ta have been so far effective, and that with little or no iniurv tbthe nri sonersvasto have: driven them foe;: the most part quite,down ouVpf the square, vith the execution of a smalt . number! who continuex' tueir . resw uiuue auuui No.. 1 gate. (i, .; '-..'., . ;'! s ' v A great crowd still remained collect ed after this in the passage between' the square and thp prisoners' yards, jSt in the part of theseyards jnthe vicinity ofthe gates, i fhis assemolage still res fused to;withdfw, & according Jto niot of the Eiwitaess.es,andistb bf the American, was making ar noise, hal looing, insulting, 'and provoking, .and I daring the military, to nre, jana accora ih?t ;thf evidence of several , pf,tfe soldiers." and some; others, Mcas pelting the military with large atqnesy .whih game of tiiem wer actually struck7 This circumstance, is, however, denied Dymanyr of .the. American witnesses and spme of the English'. Upon, having the question put . to them, Slated they "saw no stones thrown previously' to " f i thefiringi although ; tluirttaafion;4t the time' was sach as to enable tKenvto see mosbf theother J ceedings iii the square ,;tf": ' :t'i K IJhder these circumstances xhefiring commence;. iyith regarqVto any or derihaving been given to firbtte evir ucucta iery contraaictory. iseverai of the Americans swear positi reljfr'that Cap;trirandave thatrdeiftut the manner in whichjfrom the ponfusfdri of the moment, they descrme-tfiis" pari of the trknslietibny is soVlinerent ia its details, that it is yery difficult to recon cile tn'i'6iiy.MaAypf.thesptf diers& other English .withesseseatd the 'Vrprd gvenliy some oneSnt naone ofthe'm can sweariwas iby CaptShbrt land,1 or by any brie particulaK and somefampngst whom ishe)fficcrj:om- mahdinrtKA tnmrrfi f "VifPjinf: fthrtrt&1 land had given 1 siic !. befethat they, musthaveheardlt Icbiheyd U MI4U1UOU 1 niesthefaqt whiQh he atthe. time, eveji according to AeA in. witnesses, inj front of lie isoU merican dier, it may appear somewhat. impro bable that he should then liaeygrvet auch ian orders -.:, j:-'.'; But, howeyer, it may remain! :a ihat ter ofdoubt whether tne firjng first be gan in tlie square,; by border,: orj.was a spontaneous act oflthe selves, it seemed clear that it was con tinued and: renewed - both - t!?ere - and elsewhrethoutorders and that on the platforms, arid in several places a- .bput tl)e."prison, it was certeinly,coni ,The fact of an .order having been given at first, provided the. firing .was under the, existing circumstances jus tifiable, does, riot appear very material in any other point of view than r as she wi ng a want of self possession , and discipline in the troops, if ey should have- fired without order. f' :. ' "With jegard to . the above most im- E- ortaht consideration of whether the ring was justifiable or not -we are of opinion, under all the circumstances of, the case, from the apprehension which 1 the soldiers might fairly enteVikaih,riw- ! ing to- the-' numbers an.if bond if ct ! of the f prisoners, max: uus.nnng to a certain extent was justifiable' in a military point of vifew, in order to intimidate the prisoners, and compel them there by to desist from all acts of violence, ana to reure as'tney were oruerea,i bilityof the agents, and the mdifary, cpuld not permit them with salefy to remamr - - - v - , From the fact of the crowd being so cjose, and the ' firjingrat first being air terided with very little 'injury, It - ap pears probable that a large proportion of the muskets were, as-stated by one or two of the witnesses, levelledover j the heads ot the prisoners a circura stance in someV respects to be lament " blank cartndges;!?;andmejeijirn tated (and encouraged, them to renew their insults to the soldiers, whlch pro duced a repetition bf the firing in tninnav'ninoh miM nopfWfTiro'r . I uiaiiiiw muwi iuuiv vow v v . The firing in the square jiating eon tinued for some time, by -which several oi. uie prisoners sus.cajueu nijurjea, me greater part of them appear, to 4 ave been running back with the utmbstpre cipitation ;and confusion to their res pective prisons, and the cause for fur ther, firing seems at this period to have ceased. It appears accordingly that uapt onortiann was in .tne . marKex Square, exerting himself and giving or ders to that effect,1 arid that Lieu ten ant Fortye had succeeded iq stbppjhg'the fire ofis part uf the guard. - i ynder these circumstances it is very difficult to find any jastificatmn for the fuftIieKcontihuceand renewal of tlie firing wh icb. ceiainly ltook 'jdzce both in the prison yards and else whercrs- though we; have sbme evidence of sub sequeht provocation givi to the tnilf ta. jtqd resistance to the turnkeys in shuttf nglhe prisons and f stbiiesbei ing .thro wn out from within tiiel prison doors. v.- h?: .v; The subsequent firingrather appears tor nave arisen from he state of indivi dual irritation arid eiaspraBonrih part' bf the? sldrt rs w the. prisoners into ehr ya the absence bffuearly alUther officers who miht nave ratrainediiti as weil js. frpmthe great difficulty Of rputtihg an' endjtaa firing when once.conimenc ed undert such d rcumstanceCapt Shortland was .from 'thisi plm riuiilyl oecupiea witn tne turnkeys in' tne sdtiare, receiiigand hJdhg care twouhddlEusigriVliUe Wiui nis guara,ai-in,wcjiciir ttuu juos 1 Xvehyne ; and Trtye; tjie 'only other ; subafternS khdwaio hrefeen present CThtlnd idWsu , i. tnejtime 01 .tcevuay, wnicn -'vas- xne since bf every officer Irbm he! prison nrhbser) resenccl was not indispensable haseenedWa the intention :?df the pnsoners ifr take" ifficefsuiner :hd&5;wUUwme meai . J ; sureexplaih this. aV ? , midit perhaps Mybbvia at least bf the mischief whichehsued? t ' oing oriinjtae square;. acSsireVwasE At tn.e same, ume wiaj, tueuxijigjwiV' thLrriior thatujTioSd 1 fire; waSjd irlcfed v iodispCTS th j, tneri, assembled roiind rtereaifor wHiclf " purposjt was mbstffecfistl it Senis to stantVripon the sape ground! as tnat in theJJS-i insmribe the" spreBut that parHvhich it is pOsiSveljPl wbrnr wasqirecxeq, againsir stiraggii ng uarw.es 01 prisoners running, auui.; uie; -'f':"V "-- ViJu'ri; .-:! JViV in tn seem, asfateoV to havribeenwliblly -:-m, wiinuu t viy v ur cxtuscj aim, iu uay c oeen waritoriittac of defenceless and that-tiineunof mling-indifsi-;;;. ;-.;n the same", evSn vniare seypre terms, we must remark unbii what was proved as 16 tHe-nngthe dob- ways of the ririsous into thaC of HoV prlsorifatfheme' wheriet1neli''wire ; in ' cfb was atfthe5 entrance. .1? rom tne position , or; tne ! prison and of -tlie'Moo f mark's, of the iallswhich .were, pointed but to us," as welt as from theevidence, it .was crearNtnis:nnng musijnave pro ceeded, from solders 4 vbry few feet fr6ny tfie door wiy jaridj although it was. certainly sworn. that ''theiprisoners .: j were atthe time of part nfjte firing at ' jieast, continuing tosjiic ana occa. sibnally tti throw stories a't hi sordiefsi ana tnat tney were standing in tne way ofand impeding the turnkey whbEvas there ibr the jjurppsbof klosingjthe do6r, yet stilttherwas noiMng stated" wiiicli, could in bur vie w at all i justify such excesMsiveiy iiaru atuu severe treatmeritjjof t helpless and J unarmed prisoners, when all idea bt esei!iv&ft' Urider weimpressionltwe ey;(tayb if ' there was, the"lea?tprpspeict of jid;entiting any of thesbldierS who had been guiUv,' at thai tihie ttfhn Jpirtv $ cular individual bri tfiorisUpcess ahdall hopes of bringlhg; theloffendersX to punsnmeftsuomu seera to oe at an iLnelubnltr-thfe havejmly tbidd jthatwhilsjHve lament, asvwe do moit oepl twnskctioii whifch hlbjCe' subje'et of this inquiry we njid irselves toi J tally. unabie to suggest'anys :eps t.be Jv. tiken as Hothose parts of itkwhictt. seem "most to call for redress and pa : nishtnent,-. -:i "r -: ' ." H . A .v r- (Signed) TIAS. KING, " '. , ' nts. SBYMOUH ItnpiNt " ' "f ' ' 1 .- - , -r v ' 5. . ; - i Sin Id paianb6 ofeiimriictibns 1 ; receiyed;dm:Mesf. tin, I hatej''tiie i honorlltoj transmit to youtherertpTbpaed fcytMr. Lar-t . pent abd myself :;bnuli w t;ra''' t pective gov ernnents biatibnoTihe unfoiriateVtransal parimoor . ' Prison, of War, bn 6thjof:the;pre ' sent iinontn'-CdnsIderingu of much press iome of cthS points wnjch it jh r' volves, aii far ias WtheTwjjsej Imigot' y v have doncu "and i t therefore may not be, i&prb$ somettle'eplin bsricti parts offhribrii' Although it does annear that jOv part ot tne prisaer wern thateventng insuch astateaad tfnder sucJi circumstances, as w have irtsti- fie9 in the yiew which the nt U ntf!rl ti'nf biff commaudr tike of it, ot tne particac outrages nereaimaea to. or of tracing anV particular 'death h inlportante that the -pbri, yrhateyer itmlte;sHpiw rbintsiMariareslpa the inteTyerioh of the miutiry wree ' ' .3 lis 'in .Sit x. B if t f ( 4 i ft'. If ?1. k' 4 r II- 'i f A f - 1 ft w i f ft! 3? I ,4f" A ;, - "i,rt.. '; ... Jf.$ 1i . ;
The Weekly Raleigh Register (Raleigh, N.C.)
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July 28, 1815, edition 1
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