self across the body of his father, to screen him from the blood-thirsty barbarians.

They would have proceeded to have demolished the whole building, had not the republicans by this time received notice of the savage scene,. and proceeded to the relief of their patriot.

Notwithstanding this most unprovoked and unwarrantable assault, Mr. Duane found it impracticable during the administration of Mr. Adams, to obtain the smallest redress for the injuries which his person and property had sustained; it was not until the month of April last, two years afterwards, that their trial could be brought forward. The only compensation he then received, did not exceed two hundred dollars.

Among the various insults which the American flag had suffered during this and the preceding year, from the cruisers of his Britannic Majesty, the treatment of Ebenezer Giles, commander of the schooner Betsey, of Beverley, in Massachusetts, merits particular attention, both on account of the singular barbarity, which disgraced the British on that occasion, and the tame conduct of the President, and Mr. Pickering, when they heard of the outrage which the honor of their country had sustained. The protest of Captain Giles and his crew, give the fullest account and are the best proofs of this unprovoked attack from a British ship of war. "Commonwealth of Massachusetts.

By this public instrument, be it made known. and manifest, that on the 21st of May, 1799, before

me, Joseph Ward, Esq. Notary Public, by legal authority admitted and sworn, and practising in Beverly, in said county of Essex, personally came and appeared, Ebenezer Giles, Commander of the schooner Betsey, of said Beverly, and James Wilson, Mate, and Allen Stickland and Joseph Patch, seamen, belonging to the said schooner, who after being severally sworn to declare the truth, declared on oath, that they were on the twenty-seventh day of April, 1799, at the Island of St. Vincent, at a place called La You Bay, on board said schooner, there waiting for his British Majesty's ship of war called the Daphne, to pass by, who was previously engaged to convoy a fleet of merchantmen from that island to St. Christopher's; and on Saturday the 27th day of April aforesaid, about twelve o'clock at noon, the convoy hove in sight, and about three o'clock, P. M. we came to sail, and stood out of the bay; and about twenty minutes past three, P. M. the ship Daphne stood athwart our stern, and hailed us, and requested to know if we had instructions from their ship,which we answered in the affirmative. They ordered the Betsey to bring too; we then being by the wind close hauled, hove the main-topsail to the mast, and put the helm a-lee ; the Daphne still continued her course close by the land; the schooner Betsey lay too until about half the fleet convoyed, had passed by them, then made sail and stood on with the fleet; at about 4 o'clock P. M. observed the Daphne's boat coming towards us; they called to us to heave the main-top-sail to the

mast, which was immediately done, and the boat came under our lee-stem, or forward our main chains; we hove a rope to the boat, which they caught in midship of her, which boat lay stem on the schooner, and neglecting to pass the rope into the bows to catch a turn to wind her, as Captain Giles wished him to do in a polite and respectful manner, and after a short time, they slip't their hold and dropped a-stern. We then hove the fore-topsail to the mast, dropped the fore and main peaks, and let fly the jib sheets, to wait for the boat to come up with us, which she did in four or five minutes; as she came along side, Captain Giles said to the officer on board the boat," my friend, I was very sorry to have seen you drop a-stern." He answered,

you damned rascal, do not call me your friend." The Captain of the Betsey then told him, that he hoped he should not find him to be his enemy, and particularly the ship Daphne. The officer then placed one of his men from the boat, on board the schooner to the helm, and ordered all our sails set, which was immediately done, and stood for the Daphne, and still continuing to treat the Captain of the Betsey with insulting and abusive language, and demanded of said Giles his instructions which were receiv ed from the Daphne, which were delivered up to him. As we came a-breast of the ship, the officer returned on board the ship, taking the said instructions with him. After a few minutes, some person on board of the ship informed us that they should send their boat on board of us again. The

in his own behalf, which was answered," what, by you a damned rascal!" and much more abusive language; and ordered the boatswain's mate to take a rope's end to the damn'd rascal; who, very readily, began to beat him, the said deponent, with a rope of 2 inches, (and the Captain followed the the same, with blows of his fist) until the rope was fagged out eight or nine inches in length; then one other boatswain's mate was called by the Captain, who immediately appeared, and the Captain of the ship ordered him to find a rope that was pointed, and to lay it on well to the damn'd rascal, and then he began to beat the deponent accordingly, agreeable to the instructions from his inhuman commander. The deponent begged of the Captain not to murder him in that manner, in God's name; the return was a blow with the Captain's fist, which brought the deponent down. The Boatswain still continued to strike the deponent until he received about forty-seven stripes, and then he quitted the deponent, and the Captain of the ship ordered the officer, who brought him on board, saying, "Mr. Mettinay, put this damned rascal on board of his vessel, and return with the boat immediately." In further confirmation of the truth of the foregoing protest, I do hereunto set my hand,

"EBENEZER GILES, Master.

"The deponents do, therefore, protest, and I the said Notary Public, at their instance and request, do by these presents, solemnly protest against the Captain of the said ship Daphne, and the British

government for the aforesaid cruel and barbarous treatment, and for all losses, costs, suits, expences and damages that have arisen, or may rise thereon. "In testimony whereof, I, the said Notary,

have hereunto set my hand, and affixed my Notarial Seal this twenty-first day of May, 1799.

JOSEPH WARD, N. P." Several letters passed between the Secretary of State and Captain Giles, respecting this business, but without any satisfaction to the latter; for no proper explanation was ever demanded from the English Government for the conduct of the commander of the British frigate.

CHAPTER X.

Trial of John Fries, for High Treason.

JOHN FRIES of the county of Northampton, in Pennsylvania, was, on the 1st of May, 1799, indicted in the Circuit Court, held at Philadelphia, for levying war against the United States, by opposing the assessors for the direct tax.

Judge Iredell delivered his charge to the Grand Jury, on the 11th of April. Of all the charges which had hitherto been given by the Federal Judges, this charge of Judge Iredell appeared to be the greatest insult offered to the feelN n