Part 2 — CHAPTER IV. (continued 2)

The artful policy of the British officers in coupling the transactions of the 6th of April with that of burning Mr. Beasly's effigy, may easily be seen through; the latter was done a fortnight previous, by a few individuals, without its being generally known, or the least disturbance concerning it; and we deem it but justice to state, that whatever negligence Mr. Beasly may have been guilty of, respecting the affairs of the prisoners, he should be totally exonerated from all blame respecting the massacre.

There was an instance that occurred on the evening of the 6th, which reflects so much credit on the Americans, it should not be passed over in silence. When the brutal soldiery were following the prisoners in the yards, stabbing and firing among them, a lamp lighter, who had come in a few moments previous, ran into No. 3 prison, to escape being murdered by his own countrymen; on being recognized, a rope was fixed for hanging him immediately. In this moment of irritation, when their slaughtered and bleeding countrymen lay groaning around them in the agonies of dissolution, such an act of vengeance, at that time would not have been singular—but on its being represented to them, by some influential characters, that such a deed would stain the American name, to their honour be it recorded, that humanity triumphed over vengeance, the trembling wretch was released, and told to go—"We disdain to copy after your countrymen, and murder you at this advantage, we will seek a more noble revenge."

We deem it necessary here to remark, as some editors have manifested a disposition to vindicate Shortland's conduct, that, allowing every circumstance to be placed in the most unfavourable point of view for the prisoners, suppose, for a moment, it was their intention to break out, and a number had collected in the market square for that purpose, when, being charged upon by the military, they retreated out of the square into their respective prison-yards, and shut the gates after them without making any resistance whatever; under such circumstances no further opposition could have been expected, and, consequently, their intention must have been completely defeated. What justification can there then be made to appear for the subsequent brutal, unprecedented butchery and mutilation? None! The most shameless and barefaced advocates and apologizers for British injustice cannot produce any.

WALTER COLTON, Members of the Committee.

THOS. B. MOTT,

WM. HOBART,

DEPOSITION No. I.

I, Addison Holmes, being solemnly sworn on the holy evangelists of Almighty God, depose and say—

That on the 6th of April, about 6 o'clock in the evening, I was in the market-square, where the soldiers were drawn up. There was a number of Americans in the square—to the best of my judgment, between fifty and a hundred. I distinctly heard Captain Shortland order the soldiers to charge on the prisoners, which they did not do till the order was repeated by their own officers, when they charged, and the prisoners retreated through the gates, which they shut to after them. In this interim I had got behind a sentry box, in the square, and the soldiers went past me. I saw Captain Shortland open the gates, and distinctly heard him give the word to fire, which was not immediately obeyed, the commanding officer of the soldiers observing, that he would not order the men to fire, but that he (Shortland) might do as he pleased. I then saw Captain Shortland seize hold of a musket, in the hands of a soldier, which was immediately fired—but I am not able to say whether he or the soldier pulled the trigger. At this time I was endeavouring to get through the gate to the prison-yard—in so doing several stabs were made at me with bayonets, which I evaded. Immediately after the firing became general, and I retreated, with the remainder of the prisoners, down the yard, the soldiers following and firing on the prisoners; after I had got into No. 3 prison, I heard two vollies fired into the prison, that killed one man and wounded another—and further the deponent saith not.

ADDISON HOLMES.

We, the undersigned, being duly appointed and sworn as a committee to take the depositions of those persons who were eye witnesses of the late horrid massacre, certify that the above deponents, being duly and solemnly sworn on the holy evangelists of Almighty God, did depose and say as before written, which was severally read to each one who subscribed the same.

William B. Orne, Wm. Hobart,

Francis Joseph, James Adams,

Walter Colton, James Boggs.

[A certificate similar to the foregoing, is attached to each of the depositions. The originals are now in our hands.]

No. II.

We, the undersigned, being each severally sworn on the holy evangelists of Almighty God, depose and say—

That on the 6th of April, about six o'clock in the evening, as we were walking in the yard of No. 1 and No. 3 prisons, just before the usual time of turning in, we heard the alarm bell ring. At this time most of the prisoners were in the prisons; a number with us ran up the market square, out of curiosity, to see what was the matter; there were about one hundred collected in the square, and a number were standing by the gates inside the prison yard; the soldiers were drawn up in the upper part of the square; orders were given them to charge, on which the prisoners retreated out of the square, and some of the last which came through the gates, shut them to; the soldiers then commenced firing on them through the iron pailings, and fired several vollies in succession. The prisoners were, at this time endeavouring to get into their respective prisons, when the soldiers perceived that they were all dispersed from the gates, they followed them into the yard, and continued firing on them; and after all the prisoners had got into the prisons, a party of soldiers pursuing them, came up to the door of No. 3 prison, and fired two vollies into the prison, which killed one man and mortally wounded another.

We further solemnly declare, that there was no pre-concerted plan or intention among the prisoners to make an attempt to break out, or to resist, in any manner, the authority of the government of the depot.

John T. Foster, Charles Perry, Geo. Stinchecomb,

Elisha Whitten, Wm. B. Orne, William Perry,

Isaac L. Burr, James Grennlaw, Richard Downing.

Done at Dartmoor Prison, this 7th day of April 1815.

No. III.

I, Andrew Davis, jun. being solemnly sworn upon the holy evangelists of Almighty God, depose and say—

That on the 6th of April, about six o'clock in the evening, while walking in the yard of No. 3 prison, I heard the alarm bell ring, and I went up towards the gate: I saw several men bearing a wounded man towards the gate, whom it appeared had been wounded by the soldiers' bayonets; when the prisoners were retreating out of the square, I heard Captain Shortland order a part of them to let go the wounded man, which some of them did; one of the remaining remonstrated to Captain Shortland, saying that the man was so badly wounded that it required several to support him; on which Captain Shortland struck him several blows with his fists, and he appeared to me, from the whole of his conduct, to be much intoxicated with liquor—and further the deponent saith not.

ANDREW DAVIS, Jun.

No. IV.

We, the undersigned, depose and say—

That on the 6th of April, in the evening, we were in the yard of No. 1 and No. 3 prisons, when we heard the firing at the gates, and saw the prisoners all endeavoring to get into their respective prisons. In going down towards the lower door of the prisons, we saw a party of soldiers, who were posted on the walls, commence firing on the prisoners, and we saw a man fall, who immediately died, and several others were badly wounded before they were able to get into the prisons.

Amos Cheeney, James Coffen,

Washington Fox, Thomas Williams,

John Smith, Henry Casey.

Harris Keeney,

No. V.

Homer Hull, after being duly sworn on the holy evangelists of Almighty God, deposeth and saith—

On the 6th of April, about six o'clock in the evening, I was walking in the yard of No. 7 prison; all being as tranquil among the prisoners as usual; I observed an unusual number of soldiers mounting the walls; and one of them called to one of the prisoners, and told him he (the prisoner) had better go into the prison, as the prisoners would soon be charged upon. While he was asking the cause of such a proceeding, I heard the alarm bell ringing. I immediately run to the gates leading to the square, when I saw Captain Shortland at the head of the armed soldiery marching down to the gratings, the prisoners at the same time running to see what was the matter; on the soldiers coming to the gratings, Capt. Shortland ordered them to charge, which they did; the prisoners immediately run to their respective prisons; on passing through the inner gate they closed it after them. Then I heard Captain Shortland order the soldiers to FIRE, which they commenced to do in every direction of the yard, when the prisoners were making every effort to reach their prisons. I did not see any violence used on the part of the prisoners, nor do I believe any violence was intended or premeditated.

HOMER HULL.

I, Joseph C. Morgan, having been duly sworn, and having read the foregoing deposition, do declare the statement therein mentioned, to be true.

J. C. MORGAN.

No. VI.

We, the undersigned, depose and say—

That, on the 6th of April, about 6 o'clock in the evening, we were in the market square—we distinctly heard Captain Shortland give orders to the soldiers to charge on the prisoners—and after we retreated through the gates, we heard him give orders to the soldiers to FIRE, which, on his repeating several times, was executed.

Joseph Reeves, Isaac L. Burr,

James Greenlaw, Thomas Tindal.

No. VII.

We, the undersigned, depose and say—

That on the 6th of April, in the evening, after all the prisoners in No. 1 and 3 yards had got into their respective prisons, a party of soldiers came up to the door of No. 3 prison—we were standing near the door at the time, and saw them fire TWO VOLLIES into the prison, which killed one man and wounded another.

William Scanck, John Latham,

James Greenlaw, John Glass.

No. VIII.

Enoch Burnham, having been duly sworn, deposeth—

That he was standing at the market gate at the time Capt. Shortland came into the market square with a large party of soldiers (it being then about 6 o'clock.) They immediately formed a line in the square—at that time a number of prisoners got into the square from the yard of No. 1 prison, and had advanced a few steps; the soldiers then charged, and the prisoners immediately retreated to their prisons, without the least resistance. After the prisoners had retired to the yards of the prison, the soldiery formed a line, and commenced firing in the yards, the prison gates being closed by the prisoners; shortly after they kept up a heavy fire, and I saw one man fall. I immediately hastened to No. 5 prison, but on reaching No. 7, I found there was a party of soldiers on the wall, firing from every direction. I then got safe in No. 7, where, after remaining at the north end window for a few moments, I saw a man (a prisoner) leaning against the wall, apparently wounded, with his hands in a supplicating posture—at the same time, I saw several soldiers present and fire at the prisoner, and he fell dead on the spot.

ENOCH BURNHAM.

No. IX.

Edward Coffin, being duly sworn, deposed, that on the sixth of April, about six o'clock in the afternoon, a few prisoners belonging to No. 5 and 7 prisons, broke a hole through the wall opposite No. 7 prison, as they said, to get a ball out of the barrack yard, which they had lost in their play. After they had broke through the wall, the officers and soldiers that were in the barrack yard, told them to desist, or they would fire upon them. Immediately after that the drum beat to arms, and the square was filled with soldiers, and without telling the prisoners to go to their prison, immediately commenced to charge and fire upon them. I immediately started to go to No. 5 prison, and the soldiers on the platforms on the walls commenced firing, and I should think near forty fired at myself and three others, as I am sure there were no other men in sight at that time between Nos. 5 and 6 prisons. In going round No. 5 cook house, a prisoner was shot and killed very near me.

EDWARD COFFIN.

Attest, Henry Allen.

No. X.

Thomas B. Mott, having been duly sworn, deposed—

About six o'clock in the evening of the 6th of April, I was called on by a number of persons, requesting me as one of the committee, to put a stop to some boys, whom they said were picking a hole through an inner wall, for which, they said, our provisions would be stopped to pay for. I asked what was their intentions in making the hole? They said it was for the purpose of obtaining a ball which they had lost in their play. I then repaired, with a number of respectable men, to make them desist; but before we got into the yard, a quick firing commenced. On my walking up the yard, was met by a number of prisoners retreating to their prisons, much alarmed; one of which I observed was badly wounded; he was bleeding freely from his wound—I could see the yard was clear of prisoners, or not more than two or three to be seen, and they retiring fast. I requested the wounded man to lean upon me, and I would assist him in some medical aid.—We had not advanced but a few steps, when we were fired on. I advanced, assuring the soldiery we had no hostile intentions. I then took the fainting man in my arms, when a volley of musketry was discharged full at us. I then retired immediately; there was but one of my prison doors unlocked, which was on the back of the prison. On turning the corner of the cook house, I found myself unexpectedly open to the fire of soldiers on the ramparts of the south wall;—their fire was kept up in so brisk a manner, that it appeared almost impossible to enter without being shot; but finding my situation very dangerous, I was determined to enter the prison, or die in the attempt. For that purpose, myself, with a number of others that had been standing behind the wing of the cook house, sallied out for the purpose of gaining our prison door, when a volley of musket balls showered in amongst us, killing two, and wounding others. On our entering the prison our doors were shut to keep them from firing in. Some little time after, the turnkey enquired for me; I went forward to the window; he requested me to deliver up the dead and wounded; I requested him to open the door, which he did, for that purpose. On passing out the dead and wounded, I was insulted by the soldiery, and on my replying, was charged upon, and with difficulty escaped, without being butchered; they likewise insulted the wounded as I gave them up, and threw the dead down in the mud, and spurned at them in a very unfeeling manner.

THOS. B. MOTT.

No. XI.

I, William Mitchell, being duly sworn upon the holy evangelists of Almighty God, depose and say—

That, on the evening of the 6th of April, when the alarm commenced, I was in the lower part of No. 1 yard. I walked up towards the gate to learn the cause; when I had got about half way, I heard a single musket fired, and immediately after a whole volley. I then saw several men carrying one that was wounded, the soldiers keeping up the whole time a steady fire, and the prisoners all endeavoring to get into the prisons; the lower doors being closed in the interim; it was with much difficulty they could get in, the soldiers pursuing them the whole time, and charging them with bayonets; and after getting into the prison, I heard the firing of musketry in all directions round the prison: and further the deponent saith not.

WILLIAM MITCHELL.

No. XII.

I, John G. Gatchell, having been duly sworn, depose and say—

That I was walking in the yard, towards the gate. The first I knew, was the soldiers coming into the yard, with Capt. Shortland at their head, when an immediate fire began from the soldiers, and one man fell within six feet of me. While in the act of rendering this man assistance, I heard Captain Shortland order the soldiers to kill the damn'd rascal—meaning me; immediately the soldiers came and pricked me with their bayonets, and I was forced to run to the prison at the hazard of my life, and leave the man that was wounded.

JOHN G. GATCHELL.

No. XIII.

James Taylor, having been duly sworn, deposeth, that he was standing at the gate in the market square, at the time Captain Shortland, with a file of soldiers, entered the square. Captain Shortland ordered a prisoner in the square to go into the prison, when he immediately complied. He then ordered the soldiers to charge; and instantly observed to the commanding officer of the military—"It is no use to charge on the damn'd Yankee rascals—FIRE"—when this commenced immediately. The prisoners at that time were rushing in the prisons as fast as possible, and principally out of the square.—After the prisoners were mostly in the prison of No. 4, a boy, of ten years of age, was shot through the body and killed, while in the door passage trying to get in, by the soldiers in the yard, in my presence, I being inside the prison; likewise one other man was shot through the thigh.

JAMES TAYLOR.

No. XIV.

Samuel Lowdy having been duly sworn, deposeth as follows:

That he was in the yard of prison No. 4, at the time Robert Haywood was shot by the soldiery. He immediately took him up, for the purpose of carrying him to the hospital. In the square he met Capt. Shortland, and said, Capt. Shortland, this man is very badly wounded—I want to carry him to the hospital. Capt. Shortland replied, you damn'd son of a bitch, carry him back to the prison; and he was obliged to comply. After getting to the prison, one of the soldiers called him back, and he went up to the square with the man, and met Capt. Shortland, who said, heave him down there, (pointing to a sentry box) and away with you to the prison. At that time they were firing in the different yards. On leaving the square, we found the man was dead.

SAMUEL LOWDY.

John Battice having been sworn, corroborates the evidence of Samuel Lowdy.

JOHN BATTICE.

No. XV.

William Potter, having been duly sworn, deposed—

That while passing between No. 5 and 6 prisons, the soldiers commenced firing from the walls in three divisions, at a few of us; at that time there were only four prisoners in sight. After advancing a few steps, I found a man badly wounded. I stopped and picked the man up; during which time the soldiers kept an incessant fire at us, as likewise till we got to the prison of No. 5.

WILLIAM POTTER.

No. XVI.

I, David S. Warren, being duly sworn on the holy evangelists of Almighty God, depose and say—

That, on the evening of the 6th of April, when the alarm commenced, I was in the lower part of the yard No. 1 prison. I walked up to the gate to learn the cause. I there saw there were a number of prisoners in the market square, and a great number of soldiers drawn up across the same; soon after they charged on the prisoners, who retreated out of the square into their respective prison yards, and shut the gates after them. I saw the soldiers advance up to the gates, and heard Capt. Shortland order them to fire, which they not immediately obeying, I saw him seize hold of a musket in the hands of a soldier, and direct it towards a prisoner, and heard him again repeat—"fire; God damn you, fire." Immediately afterwards the firing became general; the prisoners were all endeavoring to get into the prisons, which was attended with much difficulty, all the doors but one being closed—and further the deponent saith not.

DAVID S. WARREN.

No. XVII.

We, the undersigned, being each severally sworn on the holy evangelists of Almighty God, for the investigation of the circumstances attending the late horrid massacre, and having heard the depositions of a great number of witnesses, from our own personal knowledge, and from the depositions given in as aforesaid,

REPORT AS FOLLOWS:

That on the 6th of April, about six o'clock in the evening, when the prisoners were all quiet in their respective yards, it being about the usual time of turning in for night, and the greater part of the prisoners being then in the prisons, the alarm bell was rung, and many of the prisoners ran up to the market square to learn the occasion of the alarm. There were then drawn up in the square several hundred soldiers, with Capt. Shortland (the agent) at their head; it was likewise observed at the same time, that additional numbers of soldiers were posting themselves on the walls round the prison yards. One of them observed to the prisoners, that they had better go into the prisons, for they would be charged upon directly. This, of course, occasioned considerable alarm among them. In this moment of uncertainty, they were running in different directions, enquiring the cause of the alarm; some toward their respective prisons, and some toward the market square. When about one hundred were collected in the square, Capt. Shortland ordered the soldiers to charge upon them, which order the soldiers were reluctant in obeying, as the prisoners were using no violence; but on the order being repeated, they made a charge, and the prisoners retreated out of the square, into their prison yards, and shut the gate after them. Capt. Shortland, himself, opened the gates, and ordered the soldiers to fire in among the prisoners, who were all retreating in different directions towards their respective prisons. It appears there was some hesitation in the minds of the officers, whether or not it was proper to fire upon the prisoners in that situation; on which Shortland seized a musket out of the hands of a soldier, which he fired. Immediately after the fire became general, and many of the prisoners were either killed or wounded. The remainder were endeavoring to get into the prisons; when going towards the lower doors, the soldiers on the walls commenced firing on them from that quarter, which killed some and wounded others. After much difficulty, (all the doors being closed in the entrance, but one in each prison) the survivors succeeded in gaining the prisons; immediately after which, parties of soldiers came to the doors of Nos. 8 and 4 prisons, and fired several vollies into them through the windows and doors, which killed one man in each prison, and severely wounded others.

It likewise appears, that the preceding butchery was followed up with a disposition of peculiar inveteracy and barbarity.

One man who was severely wounded in No. 7 prison yard, and being unable to make his way to the prison, was come up with by the soldiers, whom he implored for mercy, but in vain; five of the hardened wretches immediately levelled their pieces at him, and shot him dead on the spot. The soldiers who were on the walls, manifested equal cruelty, by keeping up a constant fire on every prisoner they could see in the yards endeavoring to get into the prisons, when their numbers were very few, and when not the least shadow of resistance could be made or expected. Several of them had got into No. 3 prison cook house, which was pointed out by the soldiers on the walls, to those who were marching in from the square. They immediately went up and fired into the same, which wounded several. One of the prisoners ran out, with the intention of gaining his prison, but was killed before he reached the door.

On an impartial consideration of all circumstances of the case, we are induced to believe that it was a premeditated scheme in the mind of Capt. Shortland, for reasons which we will now proceed to give.—As an illucidation of its origin, we will recur back to an event which happened some days previous. Captain Shortland was at the time, absent at Plymouth; but before going, he ordered the contractor, or his clerk, to serve out one pound of indifferent, hard bread, instead of one pound and a half of soft bread, their usual allowance. This the prisoners refused to receive. They waited all day in expectation of their usual allowance being served out; but at sun-set, finding this would not be the case, burst open the lower gates, and went up to the store, demanding to have their bread.

The officers of the garrison, on being alarmed, and informed of these proceedings, observed that it was no more than right the prisoners should have their usual allowance, and strongly reprobated Captain Shortland, in withholding it from them. They were accordingly served with their bread, and quietly returned to their prison. This circumstance, with the censures that were thrown on his conduct, reached the ears of Shortland, on his return home, and he must then have determined on the diabolical plan of seizing the first slight pretext to turn in the military, to butcher the prisoners for the gratification of his malice and revenge. It unfortunately happened, that in the afternoon of the 6th of April, some boys who were playing ball in No. 7 yard, knocked their ball over into the barrack yard, and on the sentry in that yard refusing to throw it back to them, they picked a hole in the wall, to get in after it.

This afforded Shortland his wished for pretext, and he took his measures accordingly. He had all the garrison drawn up in the military walk, additional numbers posted on the walls, and every thing prepared, before the alarm bell was rung; this he naturally concluded would draw the attention of a great number of prisoners towards the gates, to learn the cause of the alarm, while the turnkeys were dispatched into the yards to lock all the doors but one, of each prison, to prevent the prisoners retreating out of the way, before he had sufficiently wreaked his vengeance.

What adds peculiar weight to the belief of its being a premeditated, determined massacre, are,

First—The sanguinary disposition manifested on every occasion by Shortland, he having prior to this time, ordered the soldiers to fire into the prisons, through the prison windows, upon unarmed prisoners asleep in their hammocks, on account of a light being seen in the prisons; which barbarous act was repeated several nights successively. That murder was not then committed, was owing to an overruling Providence alone; for the balls were picked up in the prisons, where they passed through the hammocks of men then asleep in them. He having also ordered the soldiers to fire upon the prisoners in the yard of No. 7 prison, because they would not deliver up to him a man who had escaped from his cachot, which order the commanding officer of the soldiers refused to obey; and generally, he having seized on every slight pretext to injure the prisoners, by stopping their marketing for ten days repeatedly, and once, a third part of their provisions for the same length of time.

Secondly—He having been heard to say, when the boys had picked the hole in the wall, and some time before the alarm bell was rung, while all the prisoners were quiet as usual in their respective yards—"I'll fix the damn'd rascals directly."

Thirdly—His having all the soldiers on their posts, and the garrison fully prepared before the alarm bell rang. It could not then, of course, be rung to assemble the soldiers, but to alarm the prisoners, and create confusion among them.

Fourthly—The soldiers upon the wall, previous to the alarm bell being rung, informing the prisoners that they would be charged upon directly.

Fifthly—The turnkeys going into the yard and closing all the doors but one, in each prison, while the attention of the prisoners was attracted by the alarm bell. This was done about fifteen minutes sooner than usual, and without informing the prisoners it was time to shut up. It was ever the invariable practice of the turnkeys, from which they never deviated before that night, when coming into the yard to shut up, to halloo to the prisoners, so loud as to be heard throughout the yard, "turn in, turn in!" while on that night it was done so secretly, that not one man in a hundred knew they were shut; and in particular, their shutting the door of No. 7, prisoners usually go in and out at, and which was formerly always closed last, and leaving one open in the other end of the prison, which was exposed to a cross fire from the soldiers on the walls, and which the prisoners had to pass in gaining the prisons.

It appears to us that the foregoing reasons sufficiently warrant the conclusion we have drawn therefrom.

We likewise believe, from the depositions of men who were eye witnesses of a part of Shortland's conduct, on the evening of the 6th of April, that he was intoxicated with liquor at the time; from his brutality in beating a prisoner then supporting another severely wounded, from the blackguard and abusive language he made use of, and from his frequently having been seen in the same state. His being drunk was, of course, the means of inflaming his bitter enmity against the prisoners, and no doubt was the cause of the indiscriminate butchery, and of no quarter being given.

We here solemnly aver, that there was no pre-concerted plan to attempt a breaking out. There cannot be produced the least shadow of a reason or inducement for that intention, because the prisoners were daily expecting to be released, and to embark on board cartels for their native country. And we likewise solemnly assert, that there was no intention of resisting, in any manner, the authority of this depot.

N. B. Seven were killed, thirty dangerously wounded, and thirty slightly do. Total, sixty-seven killed and wounded.

Signed, Wm. B. Orne, Wm. Hobart, Committee.

James Boggs, James Adams,

J. F. Trowbridge, Francis Joseph,

John Rust, Henry Allen,

Walter Colton, Thomas B. Mott,

No. XVIII.

Letter from Mr. Beasly, agent for American prisoners of war at London, to the Committee of American prisoners of war in Dartmoor prison.

Agency for American prisoners of war,

London, April 12, 1815.

Gentlemen—It having been stated in some of the newspapers published here, that the American government intended to send some ships of war bound to the Mediterranean, to this country, for the purpose of completing their crews from among the prisoners; and having been informed that this idea has got among the prisoners, it becomes my duty to request, that you will inform them that the fact is not so.

I have already informed you of the measures which had been taken to provide conveyances for the prisoners. You will let them know, that eight large transports have been engaged, some of which must be now at Plymouth; others will follow, until the whole of the prisoners are sent off.

It is much to be lamented, that at a moment when every exertion was making to restore them to their country, they should have fallen into an excess which has proved fatal to some. And I am at a loss to conceive how they could, under such circumstances, pretend to say, that the cause of this unfortunate but shameful conduct, was the neglect of their government or its agent. This, I am informed, they have stated to the officers who were sent to examine into the affair. I am, gentlemen, your obedient servant,

R. G. BEASLY.

The Committee of the American prisoners, Dartmoor.

No. XIX.

Dartmoor, April 14, 1815.

Sir—Yours, of the 12th inst. came to hand this morning. It is with astonishment we note its contents, that the officers who came to inquire into the circumstances of the late unfortunate affair, should have informed you, that the prisoners stated to them the cause of that event was that their government or its agent had neglected them. This is a most deliberate falsehood, let your authors be who they may. We deny not that the anxiety of the prisoners to get released from here, has been great; they have even censured you as being dilatory in your preparations for that purpose—but their government they have never implicated—and you may rest assured, that they have too much of the genuine spirit of Americans, to apply to the officer of a foreign government for relief, or to make them a party in any dispute with the government or its agents.

We solemnly assure you, that whatever anxiety among the prisoners, or want of confidence in your exertions, as above stated, may have existed among them, that it can in no way be construed to have any collusion or connection with the late event, and was expressly so stated to the admiral, who came here from Plymouth.

We, on the contrary, in the name of the five thousand prisoners confined here, accuse Shortland of a deliberate, pre-determined act of atrocious murder—we have sufficient evidence in our possession to prove it to the world, and we call on you (there being at present no accredited minister, or charge des affairs at the court of London) to make strict inquiries into the circumstances of the case, and procure all the evidence necessary for a proper investigation into the same; for well do we feel assured, that our government will not thus suffer its citizens to be sacrificed, for the gratification of national prejudice, malice or revenge, of the petty officers of a foreign state.

We are at no loss to impute the misrepresentation of the British officers to their proper motives. They artfully wish to excite in your breast a spirit of enmity and resentment against the prisoners, that you might use less perseverance, or feel yourself less interested in making the proper inquiries into the late affair.

With much respect, we remain, Sir, your most obedient and humble servants,

WILLIAM HOBART, WALTER COLTON, HENRY ALLEN.

R. G. Beasly, Esq. Agent for Prisoners, London.

No. XX.

Second Letter from Mr. Beasly to the American Committee.

Agency for American Prisoners of War,

London, April 14, 1815.

Gentlemen—My letter to you of the 12th inst. on the subject of the melancholy event, was written under an impression which I received from a report of it, transmitted to me by this government: I have since received your report of the circumstances. Had I been in possession of the information therein contained, the letter would have been differently expressed. I am, gentlemen, your obedient servant,

R. G. BEASLY.

Committee of American Prisoners, Dartmoor.

P. S. I subjoin an extract of the report alluded to from the Lords Commissioners of the Admiralty:

"The rioters, it appears, endeavored to OVERPOWER the guard, to force the prison, and had actually seized the arms of some of the soldiers, and made a breach in the walls of the depot, when the guard found itself obliged to have recourse to their fire arms, and five of the rioters were killed, and thirty-four wounded, after which the tumult subsided, and the depot was placed in a state of tranquillity and security.

"Admiral Sir J. T. Duckworth, Commander in Chief at Plymouth, having received information of this unfortunate event, lost no time in directing Rear Admiral Sir Josias Rowley, Baronet, K. C. B. and Schornberg, the two senior officers at that port, to proceed to Dartmoor, and to inquire into the circumstances. Those officers accordingly repaired to the depot, where they found, on examination of the officers of the depot, and all the American prisoners who were called before them, that the circumstances of the riot were as before stated; but that no excuse could be assigned for the conduct of the prisoners, but their impatience to be released; and the Americans unanimously declared, that their complaint of delay was not against the British government, but against their own, which ought to have sent means for their early conveyance home, and in replies to distinct questions to that effect they declared they had no ground of complaint whatsoever."

No. XXI.

Dartmoor, April 17, 1815.

To Rear Admiral Sir J. T. Duckworth.

Sir—The officers whom you sent to this place to inquire into the circumstance of the unfortunate occurrence of the 6th inst. whatever right they had to represent the conduct of Captain Shortland in the most favorable manner, we conceive it an act of gross injustice that they should have given to you such a false and scandalous representation of what they were told by the prisoners.

In the report from the admiralty board to Mr. Beasly, (a copy of which he has transmitted to us) it is stated that the prisoners, when called upon to give an account of the circumstances of the 6th, exonerated Captain Shortland and the English government from any blame respecting the same, and accused their own government and its agent of being the cause.

We, on the contrary, solemnly declare, that it was expressly stated to Admiral Rowley, that whatever anxiety might have existed among the prisoners for a speedy release, could, in no way whatever, be construed to have had any collusion or connection with that event.—That the prisoners, so far from having any idea of attempting to break out, if the gates had been opened, and every one suffered to go who might wish to do so, not one in a hundred would have left the prison, having no means of subsistence in a foreign country, and being likewise liable to IMPRESSMENT, when by staying a few days longer, they would, probably, be embarked for their native country.

They, on the contrary, accused Captain Shortland of being the sole mover and principal perpetrator of the unprovoked and horrid butchery.

Conceiving, from your well known character in the British navy for integrity and candor, that you would not wish to have your name the medium of imposing such a gross misrepresentation and such direct falsehoods on the admiralty board and the British public, we have taken the liberty of thus addressing you, and have the honor to subscribe ourselves, your most obedient and very humble servants,

Wm. Hobart, Walter Colton, Henry Allen, Thomas B. Mott, Wm. B. Orne, Committee of American Prisoners, Dartmoor.

[In addition to the documents furnished by the committee of the Dartmoor prisoners, we lay the following affidavit of Archibald Taylor before the public. Will people doubt this evidence also? Is it likely that common soldiers, hired assassins, would make use of similar expressions from their own impulses? or is it not much more conformable to common sense to believe that this was the language held by their officers, and that they echoed it.]

City of New York, ss.

Archibald Taylor, late commander of the Paul Jones, private armed vessel of war, being duly sworn, doth depose and say—

That he was a prisoner in Dartmoor prison at the time of the late massacre of Americans; that after the affair of the 6th of April, and on the night of the same day, he was in the prison No. 3, assisting Thomas Smith, late his boatswain, who was shot through his leg by the soldiers in the yard, when an order was received to have all the wounded removed from the prisons to the hospital; and while this deponent was carrying the said Thomas Smith to the door of the prison, to deliver him to the guards selected to receive him, some of the soldiers observed to this deponent, "this is in turn for the affair at New Orleans, where you killed our men, and now we have our revenge"—and further this deponent saith not.

ARCHIBALD TAYLOR.

Sworn before me, this 28th June, 1815.

AARON H. PALMER, Notary Public.

KING AND LARPENT'S REPORT.

Plymouth, 18th April, 1815.

We the undersigned commissioners, appointed on behalf of our respective governments, to inquire into and report upon, the unfortunate occurrence of the 6th April inst. 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 T. 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 found a verdict of justifiable homicide; proceeded immediately to the examination upon oath in the presence of one or more of the magistrates of the vicinity, of all the witnesses, both American and English, who offered themselves for that purpose; or who could be discovered as likely to afford any material information on the subject, as well as those who had been previously examined before the coroner, as otherwise, to the number in the whole of about eighty. We further proceeded to a minute examination of the prisons, for the purpose of clearing up some points which, upon the evidence alone, were scarcely intelligible; obtaining from the prisoners, and from the officers of the depot, all the necessary assistance and explanation; and premising, that we have been from necessity compelled to draw many of our conclusions from statements and evidence highly contradictory, we do now make upon the whole proceedings the following report:—

During the period which has elapsed since the arrival in this country of the account of the ratification 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 which are 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, demanded bread instead of biscuit, which had on that day been issued by the officers of the depot; their demands having been then almost immediately complied with, they returned to their own yards, and the employment of force on that occasion became unnecessary.

On the evening of the 6th, about 6 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 never completed.

That a number of the prisoners were over the railing erected to prevent them from communicating with the sentinels on the walls, which was of course forbidden by the regulations of the prison, and that in the space between the railing and those walls they were tearing up pieces of turf, and wantonly pelting each other in a noisy and disorderly manner.

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 effected, and that although such collection of prisoners was not unusual at other times (the Gambling Tables being commonly kept in that part of the yard) yet, when connected with the circumstances of the breach, and 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 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 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 for 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 bell, the usual signal for collecting the officers of the depot and putting the military on the alert.

However reasonable and justifiable this was as a measure of precaution, the effects produced thereby in the prisons, but which could not have been intended, were most unfortunate, and deeply to be regretted. A considerable number of the prisoners in the yards where no disturbance existed before, and who were either already within their respective prisons, or quietly retiring as usual towards them, immediately upon the sound of the bell rushed back 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 the same spot, and thus that which was merely a measure of precaution, in its operation increased the evil it was intended to prevent. Almost at the same instant that the alarm bell rung, (but whether before or subsequent is upon the evidence doubtful, though captain Shortland 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 fastening of No. 1 gate, leading into market square by means of an iron bar; and a very considerable number of the prisoners immediately rushed towards that gate; and many of them began to press forwards as fast as the opening would permit into the square.

There was no direct proof before us of previous concert or preparation on the part of the prisoners, and no evidence of their intention or disposition to effect their escape on this occasion, excepting that which arose by inference from the whole of the above detailed circumstances connected together.

The natural and almost irresistible inference to be drawn, however, from the conduct of the prisoners by captain Shortland and the military was, that an intention on the part of the prisoners to escape was on the point of being carried into execution, 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 for the night. It was also in evidence that the outer gates of the market square were usually opened about this time to let the bread waggons pass and repass to the store, although at the period in question they were in fact closed.

Under these circumstances, and with these impressions necessarily operating upon his mind, and a knowledge that if the prisoners once penetrated through the square, the power of escape was almost to a certainty afforded to them, if they should be so disposed; captain Shortland in the first instance proceeded down the square towards the prisoners, having ordered a part of the different guards, to the number of about fifty only at first, (though they were increased afterwards) to follow him. For some time both he and Dr. Magrath endeavored by quiet means and persuasion, to induce the prisoners to return 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. 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. Captain 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 considerable numbers, at last ordered about 15 file of the guard, nearly in front of the gate which had been forced, to charge the prisoners back to their own 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; and the military were unwilling to set against an enemy. Some struggling ensued between the parties, arising partly from intention, but mainly from the pressure of those behind preventing those in front from getting back. After some little time, however, this charge appears 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 out of the square, with the exception of a small number who continued their resistance about No. 1 gate.

A great crowd still remained collected after this in the passage between the square and the prisoners' yards, and in the part of those 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, hallowing, insulting and provoking, and daring the military to fire, and according to the testimony of several of the soldiers, and some others, were pelting the military with large stones, by which some of them were actually struck. This circumstance is, however, denied by many of the American witnesses; and some of the English, upon having the question put to them, stated that they saw no stones thrown previously to the firing, although their situation at the time was such as to enable them to see most of the proceedings in the square.

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 described this part of the transaction, is so different in its details that it is very difficult to reconcile their testimony. Many of the soldiers and other English witnesses, 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 captain Shortland had given such an order that they must have heard it, which they did not. In addition to this captain Shortland denies the fact; and from the situation which he appears to have been placed at the time, even according to the American witnesses, in front of the soldiers, it may appear somewhat improbable that he should then have given such an order.

But, however, it may remain a matter of doubt whether the firing 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 authority.

The fact of an order having been given at first, provided the firing was under the existing circumstances justifiable, does not appear very material in any other point of view, than as shewing a want of self possession and discipline in the troops if they should have fired without order.

With regard to the above most important consideration, 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, in order to intimidate the prisoners, and compel them thereby to desist from all acts of violence, and to retire as they were ordered, from a situation in which the responsibility of the agents, and the military, could not permit them with safety to remain.

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 muskets were, as stated by one or two of the witnesses, levelled over the heads of the prisoners; a circumstance in some respects to be lamented, as it induced them to cry out "blank cartridges," and merely irritated and encouraged them to renew their insults to the soldiery, which produced 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 sustained injuries, the greater part of them appear to have been running back with the utmost precipitation and confusion to their respective prisons, and the cause for further firing seems at this period to have ceased. It appears, accordingly, that captain Shortland was in the market square exerting himself and giving orders to that effect, and that lieutenant Fortye had succeeded in stopping the fire of his part of the guard.

Under these circumstances, it is very difficult to find any justification for the further continuance and renewal of the firing, which certainly took place both in the prison yards and elsewhere; though we have some evidence of subsequent provocation given to the military, and resistance to the turnkeys in shutting the prisons, and of stones being thrown out from within the prison doors.

The subsequent firing rather appears to have arisen from the state of individual irritation and exasperation on the part of the soldiers, who followed the prisoners into their yards, and from the absence of nearly all of 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 square, receiving and taking care of the wounded. Ensign White remained with his guard at the breach, and lieutenants Ayelyne and Fortye, the only other subalterns known to have been present, continued with the main bodies of their respective guards.

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 opportunity 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.

At the same time that the firing was going on in the square, a cross fire was also kept up from several of the platforms on the walls round the prisoners where the sentries stand, by straggling parties of soldiers who ran up there for that purpose. As far as this fire was directed to disperse the men assembled round the 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.—That part which it is positively sworn was directed against straggling parties of prisoners running about the yards and endeavoring 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 excuse, and to have been a wanton attack upon the lives of defenceless, and at that time, unoffending individuals.

In the same, or even more severe terms, we must remark upon what was proved as to the firing in the door-ways of the prisons, more particularly into that of No. 3 prison, at a time when the men were in crowds at the entrance. From the position of the prison and the door, and from the marks of the balls which were pointed out to us, as well as from the evidence, it was clear this firing must have proceeded from soldiers a very few feet from the door way; and although it was certainly sworn that the prisoners were at the time of part of the firing at least, continuing 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 purpose of closing the door, yet still there was nothing stated which could, in our view, at all justify such excessively harsh and severe treatment of helpless and unarmed prisoners, when all idea of escape was at an end.

Under these impressions, we used every endeavor 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 particular individual, but without success; and all hopes of bringing the offenders to punishment would seem to be at an end.

In conclusion, we, the undersigned, have only to add, that whilst we lament, as we do most deeply, the unfortunate transaction which has been the subject of this inquiry, we find ourselves unable to suggest any steps to be taken as to those parts of it which seem to call for redress and punishment.

(Signed) CHARLES KING,

FRANCIS SEYMOUR LARPENT.

Plymouth, April 26, 1815.

SIR—In pursuance of the instructions received from Messrs. Clay and Gallatin, I have now the honor 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 Dartmoor Prison of War, on the 6th of the present month. Considering it of much importance that the report, whatever it might be, should go forth under our joint signatures, I have forborne to press some of the points which it involves, as far as otherwise I might have done, and it therefore may not be improper in this letter to enter into some little explanation of such parts of the report.

Although it does appear that a part of the prisoners were on that evening in such a state, and under such circumstances 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 in a strict sense, the first use of fire arms, yet I cannot but express it as my settled opinion, that by conduct a little more temporising this dreadful alternative of firing upon unarmed prisoners might have been avoided. Yet as this opinion has been the result of subsequent examination, and after having acquired a knowledge of the comparatively harmless state of the prisoners, it may be but fair to consider, whether in such a moment of confusion and alarm, as that appears to have been, the officer commanding could have fairly estimated his danger, or have measured out with precision the extent and nature of the force necessary to guard against it.

But when the firing became general, as it afterwards appears to have been, and caught with electric rapidity from the square to the platforms, there is no plea nor shadow of excuse for it, except in the personal exasperation of the soldiery, nor for the more deliberate, and therefore more unjustifiable firing which took place into three of the prisons, No. 1, 3 and 4, but more particularly into No. 3, 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 trace to any individuals of the military these outrageous proceedings.

As to whether the order to fire came from captain Shortland, I yet confess myself unable to form any satisfactory opinion, though perhaps the bias of my mind is, that he did give such an order. But his anxiety and exertions to stop it after it had continued for some little time, are fully proved, and his general conduct previous to this occurrence, as far as we could with propriety enter into such details, appears to have been characterized with great fairness, and even kindness, in the relation 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 existed or had been expressed by them, although they confessed themselves to entertain some animosity against Mr. Beasly, to whom they attributed their detention in this country; with what justice, you, sir, will be better able to judge. They made no complaint whatsoever as to their provisions and general mode of living, and treatment in the prison.

I have transmitted to Mr. Beasly, a list of the killed and wounded on this melancholy occasion, with a request that he would forward it to the United States, for the information of their friends at home, and I am pleased to have it in my power to say, that the wounded are for the most part doing well.

I have also enclosed to Mr. Beasly, the notes taken by me of the evidence adduced before us, with a request that he would have them fairly copied, as also a copy of the depositions taken before the Coroner, and desired him to submit them to you when in order.

I cannot conclude, sir, without expressing my high sense of the impartiality and manly fairness with which this enquiry has been conducted on the part of Mr. Larpent, nor without mentioning that every facility was afforded to us in its prosecution, as well by the military officers commanding here and at the prison, as by the magistrates in the vicinity.

I have the honor to be, with much respect, your most obedient humble servant.

(Signed) CHARLES KING.

His Excellency John Q. Adams, &c. &c.

DARTMOOR PRISON.

A Return of American prisoners of war killed and wounded in an attempt to force the military guard on the evening of the 6th of April, 1815.

Current No. Number on general entry book. Names. Quality. Ship. Whether man of war, merchant vessel, or privateer. Remarks.

KILLED.

1 4884 Wm. Leveridge, Seaman, Enterprize, prize to Saratoga. Privateer,

2 970 James Mann, do. Siro. Lett. Marque,

3 3134 John Haywood, do. Gave himself up from H. M. Ship Scipion. Impres'd.

4 1347 Jo. T. Johnson, do. Paul Jones, Privateer,

5 3936 John Washington, do. Rolla, Merch. vessel,

WOUNDED.

1 6520 Tho. Jackson, Boy, Gave himself up from H. M. Ship Pontes. Imp. died Ap. 7, 1815

2 2647 James Campbell, Seaman, Gave himself up from H. M. Ship Volontaire. Imp. died Ap. 7, 1815

3 5769 John Gier, do. Rambler, Merch. vessel,

4 1722 William Penn, do. Dispatch, do. Impres'd, at London

5 5003 Cornel. Garrison, do. Invincible, Lett. Marque

6 3614 H. Hontcalm, do. Homeby. p. G. Tom. Privateer,

7 1965 Robert Willett, do. Gave himself up from H. M. Ship Andromache. Impres'd.

8 5326 John Peach, do. Enterprize, Privateer,

9 2148 Edw. Wittlebark, do. Gave himself up from H. M. Ship Ro. William. Impres'd.

10 1881 James Thornbull, Boy, Elbridge Gerry, Privateer,

11 3652 James Wells, Seaman, Thorn, do.

12 1236 Philip Ford, do. Gave himself up from H. M. S. Sult. Impres'd.

13 685 James Bell, do. Joel Barlow, Merch. vessel,

14 94 John Grey, do. St. Martin's Planter, do.

15 436 Wm. Leversage, do. Magdalene, do.

16 1024 Edw. Gardner, do. Joseph, do.

17 1546 Stephen Phipps, do. Zebra, Lett. Marque,

18 486 John Roberts, do. Two Brothers, Impres'd, at Cork.

19 1640 Thomas Smith, do. Paul Jones, Privateer,

20 1819 Caleb Codding, do. Gave himself up from H. M. Ship Swiftsure. Impres'd.

21 5015 John Davis, do. Charlotte, p. to Mammoth, Privateer,

22 2013 James Esdaille, do. G. Tomkins, do.

23 380 Peter Wilson, do. Virginia Planter, Merch. vessel,

24 2834 Wm. Blake, do. Gave himself up from H. M. S. Repu. Impres'd.

25 338 John Hogabets, 2d Mate, Good Friends, Merch. vessel,

26 4153 Eph. Lincoln, Seaman, Argus, do.

27 4493 Thomas Findlay, do. Enterprize, Privateer,

28 4109 John Howard, do. Flash, do.

29 1228 Joseph Masick, do. Gave himself up from H. M. Ship Furieux. Impres'd.

30 6123 Robert Fillez, do. Grand Turk, Privateer,

31 1812 John Willet, do. Ga. himself up from H. M. S. Rosario. Impres'd.

32 3080 John Perry, do. Do fr H. M. S. Tiger. Impres'd.

33 2662 John Wilson, do. Do fr H. M. S. Fortuna. Impres'd.

(Signed) THOMAS GEORGE SHORTLAND, Agent.

(Signed) GEORGE MAGRATH, Surgeon.

Reply to King and Larpent's Report.

To the People of the United States.

Having perused, with attention, the report of Mr. Charles King, and Francis Seymour Larpent, on their examination of the unfortunate occurrence at Dartmoor, on the 6th of April last:

We, the undersigned, being there at the time this unfortunate occurrence took place, deem it a duty we owe to the surviving sufferers of that bloody transaction, to our fellow citizens, and ourselves, to make some remarks upon such a singular report. Although we presume the door is forever closed against any further investigation of that ever to be remembered transaction, we cannot help, however contrary it may be to our wishes to irritate the public feeling, already so much excited, entering into a detailed investigation of that report.

In the committee's address to the public on the 27th of June last, preceding the publication of the affidavits of some of the prisoners, taken on that melancholy affair, they have justly anticipated what would be the report of the commissioners, after their investigation; they drew their conclusions from the singular manner in which the investigation was conducted. The report commences by stating, that, after carefully perusing the proceedings of the several courts of inquiry, instituted immediately after that event, they proceeded immediately to the examination, upon oath, of ALL the witnesses, both American and English, who offered themselves for that purpose.—How far this part of the report is correct, we shall leave the public to judge.

On the arrival of the commissioners at the depot, the committee of the prison were sent for; after waiting some time at the door of the room, where the inquiry was held, they were called in separately and questioned as to their knowledge of the transactions of the sixth.—The depositions of those who were eye witnesses of that disgraceful scene were taken; some were questioned as to the general conduct of Shortland, previous to that affair; it was represented by them as it would have been by all, as being universally cruel, overbearing and oppressive. After having finished the examination of the committee, they requested them to bring forward all the evidence that was likely to cast any light on the subject of inquiry. They accordingly returned into the prison, and drew up a list of the names of some of the eye-witnesses of that day's occurrence. Although they could have brought hundreds to the examination, and the sum of whose evidence would have amounted to the same, yet the committee not wishing to impede the progress of the investigation, by a redundancy of evidence, they were careful to select such men as were most likely to give a clear and distinct account of all the circumstances as they occurred under their knowledge, taking care, at the same time, to procure those whose different situations afforded them an opportunity of witnessing that transaction, from the commencement to the close. Such was the evidence the committee had selected, to the number of about fifty, VERY FEW of whom were ever examined, although they were kept waiting in the turnkey's lodge (where they were ordered to stay until called for) during the hours of investigation. In the course of the inquiry, it seems, the commissioners found it necessary to survey the particular situation of the prisons, and the points from which the different attacks were made; they accordingly came into the yard for that purpose, and after having been shown all the places from whence the firing was continued, where the crowd of prisoners had assembled on the first alarm, and where the hole, so much made a handle of, had been made—after a slight survey of these different places, they retired into their session room, leaving orders, once more, with the committee to hold their evidence in readiness, as they would soon be called upon for examination. The committee replied that they had been in readiness since the commencement of the inquiry, and were then only waiting their orders to appear before them, feeling happy in the idea of having it in their power to show to the court, and to the world, by the evidence they had to produce, that the attack of Shortland on the defenceless prisoners, was premeditated and unjustifiable in ANY point of view.

After attending in the turnkey's lodge during the sitting of the commissioners, until the middle of the third day, without having but very few of the evidences sent for, and being fearful that they might be waiting for them, the committee sent them word that the witnesses were still in attendance. No answer being returned to this message for some time, the committee became uneasy on account of the long examination of the officers, soldiers, clerks, and turnkeys, attached to the depot, without admitting the prisoners to an equal privilege; and understanding the commissioners were about closing their inquiry, they again sent word they would be glad to have an interview for a few moments, for the purpose of explaining the nature of their evidence, and the necessity of a full hearing on both sides of the question. No answer being returned to this request, and still waiting with the anxious hope that they would soon send for some of us, when we were told by one of the turnkeys, that the commissioners were prepared to depart, having finished the examination. Astonished to think they meant to leave the depot without clearly investigating the circumstances that were the cause of their meeting, and feeling indignant that a cause of so much importance should be passed over so partially, the committee addressed a note to Mr. King, begging him not to shut the door of communication against the prisoners, by closing the inquiry without giving them the privilege of a hearing, as the greatest part of our witnesses were yet unexamined, and their evidence they conceived to be of the utmost importance to the investigation. No reply was made to this note; but, in a few moments, we were told, that the commissioners had left the depot. How far they are justifiable in saying they examined ALL the evidences that offered themselves, we think is sufficiently shewn.

The commissioners next go on to mention the insurrection of the prisoners about the bread, on the 4th, two days previous to the events, the subject of that inquiry. Although the report correctly states, the prisoners quietly returned to their own yards, after their demands having been complied with, Mr. King forgot to mention, that it was clearly represented to him, had the prisoners been so disposed, on that night, they could have easily made their escape. Although that transaction had nothing to do, as relates to the prisoners, with the events of the 6th, we merely represent this circumstance to show, that there was no intention whatever on their part to break out of the prison, as Shortland and his adherents have attempted to prove.

The report now goes on to mention, that on the evening of the 6th of April, about six o'clock in the evening, a hole was made in one of the walls of the prison sufficient for a full-sized man to pass, and others had been commenced, but never completed, and that a number of the prisoners were over the railing erected to prevent them from communicating with the sentinels on the walls, and that they were tearing up pieces of turf, and wantonly pelting each other, in a noisy manner.

As to the hole made in the wall, we believe the causes and reasons have been already sufficiently explained by the affidavits laid before the public. With respect to the prisoners being between the iron paling and the wall, it could have been, if it was not, easily explained to Mr. King, had he given an opportunity. It seems, that on the afternoon of the 6th, some of the prisoners having obtained leave of the sentinels on the walls to go over and lay upon the grass, others seeing them laying so much at their ease, went over to enjoy the same privilege; and as the sentinels made no objection to this proceeding, the number was soon increased to such a degree, that it became no longer an enjoyment to those who first obtained the privilege; some scuffling then ensued among themselves, and they began to pelt each other with turf and old shoes, principally in play, and among so many, no doubt, there must have been considerable noise; but how they can possibly connect this circumstance with the hole made in the wall, is entirely out of our power to conceive, as the iron railings separated them from the pretended breach in the wall, and distant from it more than half the length of the yard; of course, had the hole been intended as a breach, the iron paling would have become a barrier, instead of facilitating the means of an escape.

As to that part of the report which mentions the guard-barracks being the repository for the arms of the guard off duty, and of its standing in the yard to which the hole in the wall would serve as a communication, and of its being a further cause of suspicion and alarm to Captain Shortland—to one acquainted with the situation of the prison, such an idea would be ridiculous; but to those who are not acquainted with it, it will be only necessary for us to mention, that if the prisoners had the intention of breaking out through this passage, and had actually got into the barrack-yard, the difficulties they would then have to encounter would be much greater than to break a passage through the market square, or the back part of the yard. As to the idea of their possessing themselves of the muskets standing in the racks in the guard-barracks (even if they knew of any being there) it is childish; for how easy would it have been for the commanding officer, on the shortest intimation of such an attempt, with one blast of his bugle, to have called all his guards to the spot before a hundredth part of the prisoners could have got into the yard, and by that means instantly put a stop to any further proceedings on their part.

We cannot conceive how Mr. King can possibly come forward and say, on these grounds, it appeared to him that Captain Shortland was justified in giving the order for sounding the alarm bell, when, if he found the prisoners were conducting themselves improperly, had he sent for the committee (as always had been his custom heretofore, when he had any charge against the prisoners for improper conduct) and told them that the prisoners were breaking the wall (which circumstance, as has been published before, was not known to one tenth of the prisoners) and requested them to have represented to those engaged in it, the consequences that must ensue if they persisted in such conduct, we have not a moment's hesitation in saying, they would have put a stop to any further proceedings of that kind.

That part which relates to the breaking of the iron chain which fastened No. 1 gate, and which follows next in the report, says there was no evidence to show whether it was done before or after the alarm bell rang. As this was a material point on which they grounded Shortland's justification, we have to regret that the evidence we had to lay before the commissioners, and which would, in our opinion, have sufficiently cleared up that point, was not examined.

On the ringing of the alarm bell, the rush towards the gates leading into the market square was so great (attracted as has been before stated by curiosity) that those in front were irresistibly pushed forward by those in the rear, and if the chain had not broke, the lock must have given way to the pressure, and by this opening, it is but natural to suppose, that a number must have been shoved into the square, in front of the soldiers, who were drawn up in a line across the square, with Shortland at their head.

If, as the report now goes on to state, there was no direct proof before them of a previous concert or preparation on the part of the prisoners, and no evidence of their intention or disposition to effect their escape on this occasion, excepting that which arose by inference from the whole of the detailed circumstances connected together, had Mr. King examined the evidence on the part of the prisoners, as minutely as it seems he examined those on the part of Shortland, he could not even have drawn the shadow of an inference of that being their intention.

Where the commissioners got their evidence for asserting that Captain Shortland, by quiet means and persuasion, endeavored to persuade the prisoners to retire into their respective yards, is unaccountable to us, as those who know Captain Shortland, know he is not a man of persuasion. It is correct that Dr. M'Grath used every exertion to persuade the prisoners to retire out of the square, which if Shortland had allowed sufficient time, would have been quietly done; but the crowd, by this time, had become so great, and the pressure from the rear so strong, that those in front could not retreat until time should be allowed for those in the rear to fall back, but the hasty, haughty, and overbearing temper of Shortland, could not allow him to use such conciliatory means. He orders (the report says) fifteen file of the guard fronting the open gate, to the charge; and after some little time the charge was so effectual, with but very little or no injury to the prisoners, as to drive them, for the most part, quite out of the square, with the exception of a small number who continued their resistance about No. 1 gate. Under these circumstances, continued the report, the firing commenced.

Here we beg leave to request an attentive perusal of the affidavits of some of the prisoners, taken by the committee, and which relate particularly to this part of the transaction. It is there positively stated, that on the soldiers coming to the charge, the prisoners ALL retreated into the yard, and pushed the gate to after them. If the commissioners had examined the evidence, this part of the report ought to have been differently expressed.

We cannot conceive how Mr. King finds it difficult to reconcile the testimony respecting Captain Shortland's giving the orders to fire; when he reports that SEVERAL of the Americans SWEAR POSITIVELY, that Captain Shortland gave that order—and many of the soldiers and the English witnesses heard the word given by some one, but could not swear it was by Captain Shortland; and some of them (among whom is the officer commanding the guard) THINK, if Captain Shortland had given such an order, they must have heard it, which they did not. Thus, then, stands the foundation for this part of the report. An English officer THINKS it is not so, and several Americans SWEAR it is so; and he finds it very difficult to reconcile their testimony.—The lightness with which they seem to have passed over this most important point of that day's transaction, cannot but be deeply regretted by those who feel for the unhappy sufferers, when they go on to state, "It may remain a matter of doubt whether the firing first began in the square by an ORDER, or whether it was a spontaneous act of the soldiers themselves; it seemed clear it was continued and renewed both there and elsewhere, without orders—and that on the platforms and several places about the prison it was certainly commenced without any authority." We must once more request the attention of the public to the affidavits already published; it is there sworn by one of the witnesses, that PREVIOUS to the alarm bell being rung, and while walking in the yard, a soldier called to him from the walls, and told him to go in, as they would soon be fired upon. How, then, can it be possible, that a soldier on the walls should know that they would soon be fired upon, if the order had not been previously given to that effect? And had the bugle-man been examined, he could have stated that, previous to the ringing of the alarm bell, he received orders to sound to fire; so that when the soldiers took their stations on the walls, they were charged and prepared for that purpose. With such information, we conceive the committee to stand fully justified in stating in their report, the belief of its being a pre-concerted plan, on the part of Shortland; and if the commissioners had possessed themselves with a knowledge of these circumstances, which they could and ought to have done, would they, then, reported Shortland as justifiable, even in a military point of view?

The next thing we have to notice in the report is, that very singular paragraph, which says, "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 muskets were, as stated by one or two of the witnesses, levelled over the heads of the prisoners, a circumstance, in some respects, to be lamented." Is it, then, to be lamented, that the soldiers did not level their pieces, on the first fire, directly into the crowd, which they have stated to be so great and so close that a soldier declared he could not come fairly down to a charge? or is it to be lamented, that one or two hundred were not killed at the first discharge, and a thousand or two wounded? If so, we think it much to be lamented, that the reporters were not there, and placed foremost in the crowd.

The circumstance of so few being hurt at the first discharge is not strange to those who are acquainted with the situation; and this occurrence alone corroborates the American evidence, and ought to have been sufficient proof to the commissioners, that the prisoners upon being charged upon, retreated through the gates, and shut them after them, before the firing commenced; and which circumstance, alone, should have shut the door of justification against Shortland for commencing a fire upon them, as they were in their own yards. As this was the actual situation of the prisoners on the first discharge, and the soldiers having to fire through the iron paling, and the prisoners retreating on a descending ground, of course brought the muskets, when down to a level, over the heads of the prisoners—it was owing to this fortunate circumstance that so few were injured on the first discharge of the musketry; and it seems the inhuman Shortland was aware of this circumstance, when he was distinctly heard to order his soldiers to fire low. This does not appear to correspond with that part of their report which says, "Captain Shortland was in the market square, exerting himself in giving orders to stop the firing."

That there was any provocation given to the soldiers to justify their subsequent brutal conduct, the commissioners themselves seem to find it very difficult to trace any evidence, although they say, it appears, that there was some resistance made to the turnkeys in shutting the prison, and that stones were thrown at the military. Had they examined the prisoners sufficiently, they would have been convinced that no resistance was made to the turnkeys in shutting the doors. As to throwing stones at the military, while they were chasing them from corner to corner, and firing at them in every place where they had taken shelter from the balls, could it be expected but they would seize on something for self defence, when they saw the soldiers running at them with their bayonets, and having no possible means of escape, as it has been before stated, all the doors in the prisons had been previously closed except one, and that one perhaps, the length of the prison from him. Is there a man, in such a situation, but would seize on the first weapon that offered itself, and sell his life as dear as possible. How can they, then, make that the slightest justification for such outrageous conduct on the part of Shortland or the military?

As to most of the officers being absent is erroneous; it could have been proved that there was an officer in every yard, and in one instance where he was heard to give the order to fire on a party of prisoners close by the door, and running and making every exertion to enter the prison.

As to Captain Shortland being busy in the square with the turnkeys, receiving and taking care of the wounded, certainly shows the commissioners' want of correct information, for it is already before the public, in affidavit, the cruel manner in which the wounded were treated by him, and of his abuse to the prisoners who were bearing the wounded to the hospital gate. That part of the report which relates that the time and commencement of this transaction was the officers' dinner hour, is too ridiculous for a comment. We do not believe that there was a prisoner in the depot that knew when or where the officers dined, and therefore, can be no ground for an argument, that the prisoners were taking this opportunity to escape.

The report goes on to state, "the cross fire, which was kept up from several of the platforms on the walls round the prison, and directed against straggling parties of prisoners, running about the yard, endeavoring to enter the prison by the door which the turnkey left open, according to their usual practice, does seem to have been without object or excuse, and to have been a wanton attack upon the lives of defenceless, and, at the same time, unoffending individuals." In answer to this paragraph, we shall only reply, that had the commissioners examined ALL the American evidence, and attached the same credit to it, which it appears they have done to ALL the English evidence, similar expressions would have been made use of against Shortland's conduct throughout the whole of their report.

It appears to us, after an attentive examination of this report, that the commissioners meant to justify Shortland in commencing his murderous attack upon the prisoners, and to condemn the soldiers for continuing it. Singular as this idea appears, it is no less strange to us, how it can be possible they could reconcile it to their feelings to make up a report containing such a direct contradiction to reason; for surely if Shortland could be justified in using coercive measures in the first instance, the military certainly should be acquitted for the subsequent massacre, as the whole was conducted under his immediate command;—and if he had A RIGHT to kill one, on the same ground he might have extended it to a thousand. And, on the other hand, if any part of the transaction is to be condemned, Shortland should answer for the whole; for what necessity could there be made to attempt identifying any of the soldiers? Surely the commissioners could not think of bringing them to punishment, as they acted by the direct orders of Shortland and his officers!—and if any one could or ought to be made to answer for the outrage, it should be Shortland.

In addition to the contradictions contained in the commissioners' joint report, Mr. King, in his letter to his excellency J. Q. Adams, almost denies the ground on which they have, in part, founded Shortland's justification, when he says (alluding to have heard several Americans swear, positively, that Shortland did give the order to fire, and an officer of the guard thinking that he did not, as he should have heard him) "perhaps the bias of my mind was, that Shortland did give that order; and wishing the report to go forth under our joint signatures, I forbore to press some of the points so far as otherwise I MIGHT have done."

If, then, any part has been neglected, or passed over for accommodation, or any other purpose (and one there certainly has, in not paying the same attention to the American as was done to the English evidence) it is to be regretted that Mr. King should so far forget the sacred duties attached to the appointment of a commissioner to enquire into the murder of his countrymen, as to pass over any points which might have brought to light the means of punishment for the murder, or obtained in some measure an indemnity for the surviving unhappy sufferers.

Will not the shades of the departed victims haunt him in his midnight slumbers, and, pointing to their lacerated bodies, say, these still remain unavenged? Will not the unhappy survivors show the stumps of their amputated limbs, and say, these wounds fester, and still remain unatoned? Will not the widow and the helpless orphan raise their innocent hands to heaven, and cry, why was justice denied us? Why was the heart so callous to our sufferings? And why was the bosom shut to sympathy? Let Mr. King point out some means to appease these bitter complaints, and we shall be satisfied.

We shall now close these unpleasant remarks, by noticing another unaccountable error in Mr. King's letter to Mr. Adams, where he mentions, speaking of Shortland, "and his general conduct, previous to this occurrence, as far as I could with propriety enter into such details, appears to have been characterized with great fairness, and even kindness, in the relation in which he stood towards the prisoners."—We shall not pretend to ask Mr. King where he obtained the evidence on which he grounds this assertion; we are sure it was not from the prisoners, who ought to have been the best judges of that circumstance; but, instead of all that, all the Americans who were permitted to express an opinion on that subject, at the examination, declared, without reserve, as would all the prisoners in the depot, had they been asked the question, that Shortland's conduct, from the commencement of his appointment to that station, had been cruel, oppressive, and overbearing; and, instead of taking measures to alleviate the distresses of the wretched objects under him, as a feeling man would have done, he seemed to take a pleasure in harrassing them whenever he could find the slightest pretext for so doing.

W. Colton, Joseph Swain, Arch'd Taylor, David Ingalls, Reuben Sherman, Arch'd I. Mackay, Philip Black, Homer Hall, James B. Mansfield, Abr'm M'Intire, Wm. Cochran, Henry Dolliver, John Jones, B. Weeks, Wm. Demerell, Thomas Ward, William K. White.

REMARKS.

In presenting to the world the record of a transaction, probably the most barbarous which the history of modern warfare can furnish, we cannot refrain from remarks.—Whatever our feelings may be, upon a subject so amply calculated to excite the indignation and abhorrence of every friend to humanity, and every one who has respect for the laws of civilized and mitigated warfare, we will, nevertheless, refrain, so far as the circumstances of outraged humanity will permit, from the violence of invective, and wholly from unwarranted crimination. Those, into whose hands these documents may fall, will, however, preserve them as a monument erected to the memory of their slaughtered countrymen, and a memento of the unfeeling cruelty of our late enemy.

Though we are far from believing that there are not persons of noble and humane minds in the English nation, yet, a uniformity of conduct, on the part of the Government and its agents, has taught us to believe that they, at least, are blood thirsty and cruel.

The incarceration of Americans in the Jersey Prison Ship at New-York, and Mill Prison, in England, in the Revolutionary war, raised in the minds of the sainted heroes of those times, the most exalted feelings of indignation and abhorrence. The history of those prisoners, where hundreds were compelled to wear out an existence, rendered miserable by the cruelty of an enemy, professing a reverence for the sublime principles of Christianity, is already familiarized to the minds of the American people. If the feelings of Americans were then indignant, what should they be, on beholding those cruelties renewed with more than ten fold severity? The conduct of Thomas George Shortland, the agent at Dartmoor Prison, is such as should "damn him to everlasting fame."

Upon what principles the conduct of this man, precedent to the ever memorable 6th of April, 1815, can be justified, we cannot determine. The indiscriminate confinement of both officers and men in the same prisons, and those the most unfit, decayed, and loathsome of any which the Government could furnish, was an infraction of the established laws of civilized nations for the treatment of prisoners of war. It was equally abhorrent to the principles of humanity, and only sanctioned by British governmental agents, and those petty Nations of Savages, whose known usages of warfare have hitherto kept them beyond the pale of national law. The history of modern European wars can furnish no parallel to this part of the history of Dartmoor. But when we arrive at the slaughter of prisoners on the 6th of April, the climax of barbarity is complete, and the mind is sated with the contemplation of principles as shocking to humanity as the consequences are degrading to the character of the English nation.