desired capt. Akens to keep on our lee bow and near us, as I wished to speak the privateer first, and know what he was, before we attempted any thing-she was then on our weather quarter-the Rockland not keeping in her station dropping more to leeward and nearly on our lee quarter, the privateer was then almost within hail of us, but immediately up helm and run along side the Rockland and commenced firing under English colours, which was returned from the brig-the privateer being between us and the brig prevented my firing until I got in a situation to fire clear of the Rockland, which was in less than a moment, when we commenced firing to the best advantage we could -the Rockland fired only one broad side and some musketry, when she was boarded; they only left three men on board-sheered off and gave us a broad side and attempted to board us, but was repulsed by our quarter gun pikes and musketry-they then kept clear of our pikes, and played continually with all their men with nothing but musketry, our men seeing their shipmates falling, most of the landsmen quit their quarters; the privateer seeing this attempted the second time to board us by cutting our nettings, and overpowered us by numbers; was obliged to haul down our colours and quit the deck, otherwise be cut to pieces-We had three killed, four badly, and two slightly wounded; the first who fell was poor Mr. Bird; he was standing near me, he received one ball through his body and one through his head, and never after spoke a word. I begged him some time before to go below and prepare his papers, he said they were already prepared, and would not quit the deck, in consequence of which all his papers were found; it was not my intention to engage the privateer unless I thought we were sure of getting clear, but the Rockland commencing so quick, I could not then avoid it, but even had we suffered them to board us they would have made a prize of us. The passengers on board were sufficient to condemn us, upwards of 100 letters were found with them directed to different parts of St. Domingo, and among the passengers there were two noted generals, who were well known by the Frenchmen; and among Mr. Bird's papers were found instructions from Mr. Lapeire, pointing out the whole plan of the voyage; many other letters were found with Mr. Bird's papers, all of which tended to condemn the ship, which they showed me at Point Petre, when I was examined. When they boarded us, nothing saved our lives but their thinking that we were English, and asked us how we dare engage under American colours, and did not believe that we were Americans even after we arrived. After the Rockland was boarded, we engaged the privateer close on board for forty minutes, when the black general, a passenger, found we were captured, he ran below with a pistol with an intention to blow the ship up, and with much difficulty we prevented it, he set all the cartridges on fire in the cabin and steerage, which were in pouch tubs, and only my laying the magazine scuttle over saved the ship and our lives; when he found he could not blow the ship up, he put the pistol to his own head and blew his own brains out. The privateer took out all the passengers, officers, and men, except myself, carpenter, two boys, and one of our men badly wounded. The privateer continued with us until we arrived in this port, which was on the 17th July, and were immediately put all together in a most miserable prison, with nothing to eat but stinking beef and coarse bread, and very short even of that; they will not suffer me to see any Americans, nor have any communications with any body. There is a schooner called the Snake in the Grass, bought in New York, and fitted out at Salem, with five guns, taken and brought here a few days before me; one of the mates is allowed to go out at times, and this was the only opportunity I had to write. They say that orders have gone to America, that every vessel bound to St. Domingo, if taken, shall be treated as pirates. God only knows what they mean to do with us. I beg you will do all in your power to get our government to claim us, otherwise I do not know what they may do; they seem to be inveterate against the Americans, and even told me every ship and captain's names that were armed from New York. Capt. Akens had his mate killed and one man, and several wounded, himself wounded and died at this place on the 22d instant. The schooner Snake in the Grass was commanded by James Mansfield, who is also in prison, with all his menthe vessel will be condemned, although they did not fire a shot. As no protest can be made here, I thought it best to let the officers sign this letter with me-several large privateers are getting ready to go down in the Bite after the Americans; the privateer that took us was the brig Frebriskey, captain Antwan, with ten long French sixes, two twelve pound cannonades, one long eighteen pounder, and a hundred and fifty men. The French seem to be very inveterate against the Americans, and insult us as they pass the prison. All that I can say more is to request you to do what you can with our government, to claim us as Americans. I trust, when the manner in which the French privateer engaged us under English colours, it will be a sufficient reason for them to claim us. All that I can say more is, that your ship and property was defended with spirit until overpowered by numbers. I am sir, &c. P. SISSON, Guadaloupe, Point Petre, July 26, 1804. N. B. You will please to excuse any fault in this letter, as I am so closely watched. [L. S.] State of New York, United States of America, ss. I William Popham, notary publick, duly admitted and sworn, dwelling in the city of New York, and having power, by commission under the great seal of the state of New York, to attest deeds, wills and all other writings, and also to administer oaths and grant certificates thereof, do hereby certify, declare, and make known unto all persons to whom these presents shall come, or may in any wise concern, that the foregoing is a just, true, and perfect copy of an original letter, (whereof it purports to be a copy) this day handed to me by George Barnewall of the city of New York, merchant, in order to have a notarial copy made thereof, I, the said notary having carefully compared and examined the said copy, with the said original letter, and found the said to agree there with word for word, and figure for figure. And I, the said notary, do hereby further certify and declare, that the day of the date thereof, before me personally came and appeared, Dominick Purcell, of the said city of New York, gentleman, who being by me duly sworn, did solemnly depose and declare, that he was well acquainted with the hand writings and signatures of Preserved Sisson, the master, and Mahlon Bennet the first mate of the ship Hopewell, of this port, and that he verily believes the names "P. Sisson, and Mahlon Bennet" set and subscribed to the said original letters, are of the respective hand writings and signatures of the said Preserved Sisson, and Mahlon Bennet. And be further deposeth and sayeth, that James Ross, jun. who hath also signed the said original letter, sailed from this port in the capacity of second mate of the said ship Hopeweil, and further he saith not. DOMINICK PURCELL. Of all which, I the said notary do now make this publick act, that the same may serve and be of full force and value as of right it shall appertain. In testimony whereof, the said Dominick Purcell hath subscribed the foregoing deposition, and I, the said notary, have hereto subscribed my name, and affixed my seal of office at the city of New York, the twenty-first day of August, in the year of our Lord one thousand eight hundred and four, and of the Independence of the United States of America, the twentyminth. WILLIAM POPHAM, Not. Pub. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TO CONGRESS. FEB. 5, 1805. THE Secretary of State has lately received a note from the Danish charge des affaires, claiming, in the name of his government, restitution, in the case of the brig Heinrich, communicated to Congress at a former session; in which note were transmitted sundry documents, chiefly re lating to the value and neutral character of the vessel, and to the question whether the judicial proceedings were instituted and conducted without the concurrence of the captain of the Heinrich. As these documents appear to form a necessary appendage to those already before Congress, and throw additional light on the subject, I transmit copies of them herewith. TH: JEFFERSON. DOCUMENTS IN THE CASE OF THE DANISH BRIGANTINE HEINRICH I, David Matthew Clarkson, at present of the island of St. Bartholomew, merchant, do most solemnly declare and swear, that I was residing in the Island of St. Christophers, in the town of Basseterre, as agent for the United States, in the month of October, 1799, when the Danish brig Heinrich, Peter Scheel, master, of Altona, was brought into that port by the United States' brig of war, called the Pickering, Benjamin Hillier, commander. And I do further swear, that said brig and her cargo were libelled as a prize, for a salvage, by said Benjamin Hillier, in the British court of vice admiralty at the said island, and that it was proceeded against the said brig and cargo, upon the said libel, at the instance of the captors, and not at the instance of neutral captain Peter Scheel; and in every part of the transaction of said vessel and cargo, the said captain refused to give any advice in the management of the same, alleging that as the property being neutral, he had taken the requisite steps in making such protests as would fully justify him to the owners and others concerned, and made no doubt ample recompense would be made elsewhere. DAVID M. CLARKSON. BEFORE me, Andrew Bergstedt, justiciarius in the island of St. Baltholomew, personally appeared Mr. David Matthew Clarkson, a merchant, living in the town of Gustavia, island aforesaid, who, on his solemn oath, taken before me according to law, deposes and says, that the foregoing declaration, which he did sign before me, does not contain any thing but what he knows to be true, that the whole tenour thereof is true, and nothing but the truth. |