Holmes' deposition. I, Bartlett Holmes, of Boston, State of Massachusetts, mariner, do testify and say, when the Ariadne was in Baltimore, Mr. Goddard sent me a note at Medford, which note is lost or destroyed. I was there superintending the finishing a brig, there building by Mr. Goddard; this note expressing his desire I should call upon him the next day following, in the evening, it being Monday, I went. Mr. Goddard said, the Ariadne is in Baltimore, and I wish you to take charge of her to go from there to Alexandria, thence to Cadiz, return to Alexandria, and take the second cargo for Cadiz. This was the first voyage I had for him as master. I had been before as mate two years in voyages from Boston to southern ports, and to and back from Europe. I asked him if there would not be risk of capture; he said he did not think the English would capture vessels bound to the south of Europe with provisions; he felt satisfied there would be no interruption. I accordingly engaged to go; proceeded immediately to Baltimore the next day; arrived at Baltimore with the mail, and reported myself to Amos A. Williams; carried a letter from Mr. Goddard to him, saying, I was employed to take charge of the Ariadne; took command there. She was dismantled; with about seventy tons of ballast, put her in order for the reception of a cargo; took on board one thousand barrels and about ten or twenty half-barrels; in about fourteen days proceeded thence to Alexandria; her destination, for Cadiz, was known to Williams, and was publicly known; I receiving letters in Baltimore for Cadiz, there was no secret about her destination, I told every one; some English captains said they did not think English cruisers would capture American vessels bound to Cadiz; and the British were friendly to the Portuguese and Spanish, and knew that they were in want of breadstuffs; they said they knew there was a scarcity in Spain at that time. Proceeded to Alexandria, and spoke a privateer in the bay, who asked where I was bound to. I told them Alexandria. They said I appeared to be partly loaded; I told them I was; they asked if I was going to sea from Alexandria; I told them I was, and bound from thence to Cadiz, if I could obtain a clearance from the custom-house. There was a large ship in company, bound to Lisbon, loaded with flour and corn; the privateer did not speak her. I arrived about the 15th of September, 1812; there loaded, took on board four thousand and eight barrels and half barrels, obtained a clearance from the custom-house, and proceeded to sea. I had been out about nine days when I was chased by a brig, appearing to be a vesselof-war; at the expiration of three hours she came up and fired two guns; the first she hoisted English colors, and fired the second under the same. Could not get away from them; I took in sail and rounded to. She hailed, and asked where I was from and where bound; I answered, from Alexandria, and bound to Cadiz; I shall send an officer and crew to take possession as a prize; sent a boat and crew on board; the commanding officer of the boat said, you are a prize to his Britannic Majesty's brig Arab. I asked him to walk into the cabin; he demanded my papers, and I gave them all that I had, and my instrucRep. C. C. 155———5 tions. They took me on board the brig, when I discovered that this brig was an American, and had ordered the ship into a port to the southward of New York. This was the 15th of October, 1812; vessels parted company, the ship steering to the northwest and the brig to the southeast. STATE OF MASSACHUSETTS, Boston, } 88. BARTLETT HOLMES. On this twenty-third day of January, in the year of our Lord one thousand eight hundred and sixteen, personally appeareth the above named deponent before me, the subscriber, one of the judges of the circuit court of common pleas for the middle circuit; and being by me carefully examined and cautioned, and sworn, in due form of law, to testify the whole truth, and nothing but the truth, relating to a certain admiralty cause, wherein Lieutenant Sinclair, the officers and crew of the United States ship-of-war Argus, are libellants of the ship Ariadne and cargo, and Nathaniel Goddard et al. are claimants, now depending before the Supreme Court of the United States, to be holden at the city of Washington, in the Disirict of Columbia, on the first Monday of February next; he maketh oath to the deposition above written, and subscribes the same, in my presence, the said deposition being first reduced to writing by him in my presence, taken de bene esse, at the request of the claimants, to be used in the cause aforesaid. The adverse party was not notified to be, and was not present, they living and being more than one hundred miles from this place of caption, and no attorney for them or either of them being within that distance, in the knowledge of the subscriber; and the said deponent living more than one hundred miles from the said place of trial, is the cause of taking this deposition before me, I not being of counsel or attorney to either of the parties, or interested in the event of said cause. Judges' fees, &c, $3. WILLIAM WETMORE. Holmes' affidavit respecting letters and instructions from Mr. Goddard. I, Bartlett Holmes, of Boston, in the district of Massachusetts, mariner, of lawful age to give evidence, do depose and say that the papers annexed to this deposition are the original letters and instructions received by me from Nathaniel Goddard, of the said Boston, merchant, on or about the time of the date of them, respectively, and at the places to which the same were addressed to me; and further this deponent saith not. On this twenty-third day of January, in the year of our Lord one thousand eight hundred and sixteen, personally appeareth the above named deponent before me, the subscriber, one of the judges of the circuit court of common pleas for the middle circuit; and being by me carefully examined and cautioned, and sworn, in due form of law, to testify the whole truth, and nothing but the truth, relating to a certain admiralty cause, wherein Lieutenant Sinclair, the officers and crew of the United States ship-of-war Argus, are libellants of the ship Ariadne and cargo, and Nathaniel Goddard et. al. are claimants, now pending before the Supreme Court of the United States, to be holden at the city of Washington, in the District of Columbia, on the first Monday of February next; he maketh oath to the deposition above written, and subscribes the same, in my presence, the said deposition being first reduced to writing by me in his presence, taken de bene esse, at the request of the said claimants, to be used in the cause aforesaid. The adverse party was not notified to be, and was not present, they living and being more than one hundred miles from this place of caption, and no attorney for them or either of them being within that distance, in the knowledge of the subscriber; and the said deponent living more than one hundred miles from the said place of trial, is the cause of taking this deposition before me, I not being of counsel or attorney to either of the parties, or interested in the event of said WM. WETMORE. cause. Judge's fees, &c., $3. IN THE HOUSE OF REPRESENTATIVES, February 29, 1840. Mr. RUSSELL, from the Committee of Claims, reported the following bill: A BILL for the relief of Nathaniel Goddard and others. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be repaid to Nathaniel Goddard, William Parsons, Thomas C. Amory and Company, Samuel G. Perkins and Company, James and Thomas H. Perkins, Thomas Parsons, and Samuel May, out of any money in the treasury not otherwise appropriated, the amount of the proceeds of the ship Ariadne and cargo, which has been paid to the Treasurer of the United States. Remission of penalties. See act for the relief of the ship called Goodfriends, the Amazon, and the United States, and cargoes, arrived in Delaware from Amelia island; cargoes shipped on board in Great Britain and Ireland remitted by Secretary of Treasury, by virtue of the act of January 2, 1813.-(Laws U. S., vol. 4, p. 581.) See act for the relief of Chas. Cramer, Geo. Kaler and tohers, owners of the schooner Joseph & Mary, refunded to them the amount paid into the treasury in consequence of the forfeiture and condemnation of said vessel in the district court of the district of Massachusetts, n 1821. (Laws U. S., vol. 9, p. 185, June 30, 1834.) |