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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 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

boat soon came along side of us, and commanded Captain Giles on board of the ship immediately. He instantly complied, and went with the officer on board of the ship. Immediately after he arrived on board, the said James Wilson, Allen Stickland and Joseph Patch, on their oath, testify and swear, that they saw two men on board of the said ship violently beating Captain Giles, one of them with a large piece of rope, and the other with his fist, and continued to do so for the space of more than thirty minutes, to the best of their judgment, and sometimes by the violence of the blows received, he was struck down; and they soon after sent Captain Giles on board the Betsey, who, when he came along side, was not able to stand or walk, by reason of the barbarous treatment he had received on board the said ship....And they further testify, and say that they took Captain Giles on board his schooner in the cabin, and took off his jacket, (as he was not able to take it off himself) and found it much stript and torn by force of the blows of the rope's end; also with great surprise saw blood issuing from his mouth and nose, occasioned by the force of the blows of the fist, or the falls on the said ship's deck (to them uncertain which) whilst he was on board; and on further examination found his back and arms unmercifully bruised, and turned black with large wales on the same, occasioned by the cruel and most unnatural treatment he received on

board the said ship; and further say, that Captain Giles was not able for the term of four days at

least, to come on deck, or do his duty, neither has he fully recovered his health, as before enjoyed, to this day.

"In further confirmation of the above written, we have hereunto set our names, after being first sworn to the truth of the foregoing protest: EBENEZER GILES, Master. JAMES WILSON, Mate. JOSEPH PATCH.

ALLEN STICKLAND.

"And the aforesaid affidavit, Ebenezer Giles, at the above said time and place, in addition to the foregoing, by himself further testifieth on oath, and doth declare, that he received his instructions from the ship Daphne on the twenty-fifth day of April, 1799 ; and informed the commander of the ship, that his schooner lay at a place called La You Bay, about two leagues to leeward of the port of Kingston, at which place the Daphne lay; and that on the 27th day of the same month, he joined the fleet as before expressed; and was commanded to go on board the ship as aforesaid, and when he came along side of the said ship, and was passing over the side, the deponent on oath declares, that the Captain of the said ship called to him, and told him he would let him know what it was to pay a disrespect to a man of war, and immediately called for a boatswain's mate. That he then asked the Captain what he designed by his disrespect; the answer was, you damn'd rascal, not a word." He asked the Captain if he was not allowed to speak

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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 ap peared to be the greatest insult offered to the feel

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