Imágenes de páginas
PDF
EPUB

tremest limit. This circular, which bore date the 1st of June, 1807, and was issued from Halifax, recited that many British seamen had deserted the British fleet and were parading the town of Norfolk, protected by the civil authorities and by their own officers, who refused to surrender them. The several British commanders belonging to the squadron were then ordered, in case of meeting the Chesapeake at sea, to proceed, under this order, to search her for deserters, "according to the customs and usages of civilized nations." (See supra, §§ 3156, 319.) The assump. tion that the "customs and usages of civilized nations" permitted such a search and arrest was baseless even on British showing, it having been always conceded that a ship-of-war is part of the territory of her sovereign, however strongly such extraterritoriality may have been contested when applied to merchant vessels. The Chesapeake, carrying fifty guns, was ordered to sea in April, 1807, her crew being avowedly Americans by birth, and believed to be such by the officers, although it subsequently appeared that among them was an Englishman, Wilson, or Ratford, who was alleged to be a deserter, and three colored Americans claimed to have deserted the Melampus, a British cruiser. The Chesapeake, with no suspicion in her commander's breast that she was to be overhauled, stood out to sea. In the neighborhood of Hampton Roads the British squadron consisted of the Bellona, of seventy-four guns, the Leopard, of fifty guns, and the Melampus, of thirty-eight guns, under the direction of the circular of Admiral Berkeley above noticed. The Leopard started for sea (she having been in Lynn Haven Bay) at the same time with the Chesapeake, passing her, and standing out to sea a few miles ahead of ber. There was nothing in this companionship to awaken suspicion in Commodore Barron, who commanded the Chesapeake, since the British officers of the Atlantic squadron were in the habit of friendly intercourse with the officers of United States vessels, often giving them packages for transport by mail or otherwise to England. The Leopard, stopping in her course, hailed the Chesapeake, asking to send some dispatches by her. Commodore Barron then ordered the Chesapeake to be brought to, when he was visited by a lieutenant, who handed him Admiral Berkeley's circular. Commodore Barron, after acquainting himself with the facts, sent back an answer in which he denied that there were any British deserters on board the Chesapeake, stating, also, that his orders had been to recruit no deserters, and that, in any view, he could not permit his men to be mustered by any but his own officers. The Chesapeake had put to sea with no conception of anything but a peaceful cruise; her decks were lumbered; her guns not arranged for action; her crew had not had any practice with the guns. Commodore Barron, however, put on his guard by the tone of the demand, ordered his crew to quarters. When his reply reached the Leopard, the Leopard's captain answered, "Commodore Barron must be aware that the orders of the vice-admiral must be obeyed," which message was several times repeated. There being no response from the Chesapeake, a shot from the Leopard was sent across her bows; this was soon followed by a broadside, by which Commodore Barron was wounded. He then proposed to send a boat on board the Leopard for the purpose of inquiry. No notice was taken of this by the Leopard, which fired several additional broadsides, lodging twenty shot in the hull of the Chesapeake, killing three men and wounding severely twenty others. So unprepared was the Chesapeake for action that but a single gun was fired in reply. The Chesapeake lowered her flag and surrendered, and was then boarded by three officers of the Leopard, who mustered the crew,

and after ransacking the vessel discovered the alleged English deserter, Wilson (or Ratford), in a coal-hole, while the three alleged colored deserters from the Melampus were seized when among the crew. Commodore Barron, while his vessel was in the hands of the British officer, sent a note to the captain of the Leopard saying that the Chesapeake was surrendered as a prize. The captain replied that having fulfilled his duty his concern with the Chesapeake was over; and he expressed his regret at the loss of life which had occurred, which, he took the opportunity to say, might have been avoided had the Chesapeake not objected to being overhauled. The two cruisers then went their ways. The Leopard took the four alleged deserters to Halifax, where they were tried by court-martial. Ratford (or Wilson), who, it was declared, was proved to have been a British subject, was hanged. The three colored "deserters," as they were called, after a lecture from Admiral Berkeley on the ill effects of their conduct, were required to enlist in the British service, as the only escape from the gallows. The Chesapeake brought into Norfolk the news of her humiliation, and this news was received with indignation through the whole land, an indignation on the part of the extreme Federalists mingled with an unconcealed feeling of disapproval of the tardiness of the Government in its naval preparations, and of the incautiousness of Commodore Barron in proceeding to sea so ill-prepared for action. The answer to this, however, was that an attack of such a character on a national ship was an act of lawless atrocity which no one could expect from a civilized belligerent. But however this may be, the municipal authorities of Norfolk, backed by the entire sense of the community, informed the British officers commanding the fleet who had previously been hospitably received, that they could no longer be permitted to communicate with the shore. The reply from Captain Douglass, who was in command, was so insolent and menacing that Governor Cabell at once ordered the neighboring militia to arms for the coast defense. A proclamation was issued by the President, which, while expressing a conviction that the outrage committed on the Chesapeake was without authority from the British Government, called on them to leave the territorial waters of the United States, and prohibited any intercourse with them from the shore. A court martial was ordered on Commodore Barron; a hundred thousand militia were called for, though without pay; the fortifications of New York, New Orleans, and Charleston were strengthened; Congress was called together a month in advance of its regular session; and instructions were immediately sent to our minister at London to call for explanation and reparation. This message, however, was anticipated by a report from the British admiral, on receiving which Mr. Canning immediately disavowed the action of Admiral Berkeley, tendered indemnity, and recalled Berkeley from his command. this was, very properly, not considered an adequate reparation, even though the British Government offered to restore the men who were still unhung, and whose American citizenship could not be disputed. The President, however, asked for not only indemnity, but security. (See supra, § 315b.) He also called on the British Government to abandon their claim to impressment. This they declined to do, insisting on the position which Sir Robert Phillimore, one of the most eminent of English publicists, has lately declared to be untenable, that British cruisers had a right to search American ships of all kinds. They also resented the President's proclamation excluding British cruisers from the ports of the United States, which they insisted was in conflict with Jay's

treaty. They issued a royal proclamation calling on all British sailors. on board foreign vessels, whether armed or otherwise, to leave such vessels, and the right of impressment on merchant vessels was again claimed. The commanders of British cruisers, also, were authorized to call upon the commanders of foreign ships-of-war to deliver up any British seamen on board of them, and if this be refused to report the facts to the British admiralty. The Government of the United States refusing to accept indemnity for the Chesapeake outrage on such a basis as this, the British ministry sent as envoy to the United States Mr. Rose, with special powers of negotiation. Mr. Canning, however, clogged the negotiation by declaring simultaneously to Messrs. Monroe and Pinkney, the American ministers in London, that he would not agree to negotiate again on the basis of the treaty which had been negotiated by them, since he was not willing to give his approval to the doctrine that a Government could repudiate a treaty entered into by its authorized envoys. (Supra, § 315b.) Mr. Madison, in view of the fact that even in England, where the sole power of negotiation of treaties was in the Crown, it had never been disputed that the Crown could repudiate treaties negotiated by its ministers in departure from their instructions, declined to regard this criticism as valid. The consequence was a continuance, on the part of Great Britain, of that arrogant assumption of mastership of the seas, and of contemptuous disregard of the rights and feelings of American negotiators, which culminated in the war of 1812. (See for character of negotiations, supra, § 107.) The only question now open is whether it would not have been better to have declared war when, after the attack on the Chesapeake, the British Government declined to absolutely surrender the claim of right to call on United States ships-of-war to deliver up seamen claimed to be of British descent. But we were not then prepared for war; and if war had then been declared there would have been little likelihood of that gallant resistance on sea which four years' preparation secured. (Supra, § 315b.) In a report made to the House of Representatives on November 17, 1807, by a committee to whom the subject was referred, we have the following:

"That the Leopard, shortly after this answer (of Commodore Barron that he knew of no British deserters on his ship, and refusing to permit his crew to be mustered except under his orders) was received by her commander, ranged alongside of the Chesapeake and commenced a heavy fire on her.

"That when the attack upon the Chesapeake commenced, some of her guns were not securely fitted in their carriages; some of her sponges and wads were too large; but few of her powder-horns were filled; her matches were not primed; some of her rammers were not in their proper places; her marines were not supplied with cartridges enough, while those they had were not of the proper size, and she was otherwise unprepared for action.

"That the Chesapeake made no resistance whatever, but remained under the incessant fire of the Leopard from twenty to thirty minutes, when, having suffered much damage in her hull, rigging, and spars, and lost three men killed and eighteen wounded, Commodore Barron ordered his colors to be struck, and they were struck, he says in his log-book, after firing one gun; but the court of inquiry lately held upon his conduct say before a single gun of any kind was fired from her. "That it has been incontestably proven, as the accompanying printed document No. 8 will show, that William Ware, John Strahan, and Dan

iel Martin are citizens of the United States, and the two former natives of the State of Maryland; but they conceive it unnecessary for them or for this House to go into any inquiry upon that part of the subject, as, in their opinion, whether the men taken from the Chesapeake were or were not citizens of the United States, and whether the Chesapeake was or was not within the acknowledged limits of the United States at the time they were taken, the character of the act of taking them remains the same.

"From the foregoing facts, it appears to your committee that the outrage committed on the frigate Chesapeake has been stamped with circumstances of indignity and insult of which there is scarcely to be found a parallel in the history of civilized nations, and requires only the sanction of the Government under color of whose authority it was perpetrated to make it just cause of, if not an irresistible call for, instant and severe retaliation."

The following resolution was proposed as a provisional measure: "Resolved, That the attack of the British ship-of-war Leopard, on the United States frigate Chesapeake was a flagrant violation of the jurisdiction of the United States; and that the continuance of the British squadron (of which the Leopard was one) in their waters, after being notified of the proclamation of the President of the United States ordering them to depart from the same, was a further violation thereof." 3 Am. St. Pap., 6. See as to this case further, §§ 315b, 319.

The court of inquiry on the conduct of Commodore Barron reported a series of conclusions, among which is the following:

"The court is of opinion that the neglect of Commodore Barron to prepare his ship for action under such circumstances, is a direct breach of the fourth article of the rules and regulations for the government of the Navy of the United States, adopted by an act of the Congress of the United States, passed on the 23d day of April, 1800, entitled 'An act for the better government of the Navy of the United States.'

"It appears to the court that after the British officer left the Chesapeake, bearing a positive refusal from Commodore Barron to the demand which had been made by Captain Humphreys, and after Commodore Barron was himself satisfied that an attack upon his ship would be made, he did not take prompt, necessary, and efficient means to prepare his ship for battle. That his first order was merely to clear his gun-deck, and the second, given after the lapse of some time, was to get his men to quarters secretly, without beat of drum; although, with such a crew as he had on board, and in such a situation as the ship then was, it was not to be expected that such orders could be effectually accomplished.

"It appears to the court that the conduct of Commodore Barron during the attack of the Leopard, manifested great indecision and a disposition to negotiate, rather than a determination bravely to defend his ship; that he repeatedly hailed the Leopard during her attack upon him; that he drew his men from their guns to lower down boats to send on board the attacking ship; and that he ordered his first lieutenant from his quarters during the attack to carry a message on board the Leopard at that time firing upon him.

"It appears to the court that during the attack Commodore Barron used language, in the presence of his men, calculated to dispirit his crew by ordering them to keep down, that they would all be cut to pieces.

"It appears to the court that Commodore Barron ordered the colors of the Chespeake to be struck and they were struck before a single gun of any kind was fired from her, and that at the time they were so struck her main deck battery was in a situation which would have enabled the return of a broadside in a very short time.

"The court is therefore of opinion that the Chespeake was prematurely surrendered at a time when she was nearly prepared for battle, and when the injuries sustained either in the ship or crew did not make such a surrender then necessary; and that for this Commodore Barron falls under a part of the sixth article of the rules and regulations for the government of the Navy of the United States, adopted by an act of the Congress of the United States, passed on the 23d day of April, 1800, entitled, 'An act for the better government of the Navy of the United States.'

"The court is of opinion, that although the conduct of Commodore Barron, before and during the attack of the Leopard, evinced great inattention to his duty and want of decision, yet that, during that attack, he exposed his person, and did not manifest, either by his orders or actions, any personal fear or want of courage.

"It appears to the court, that although the Chesapeake might and ought to have been better defended than she was, yet that she was not in a situation, at the time of the attack made upon her, to have enabled so gallant a defense being made as might be expected. Some of her guns were not securely fitted in their carriages, some of her sponges and wads were too large, but few of her powder-horns were filled, her matches were not primed, some of her rammers were not in their proper places, her marines were neither supplied with enough cartridges nor were those of which they had of the proper size. None of these circumstances, however, could have influenced Commodore Barron in striking his colors, because they were not known to him at the time.

"The court is of opinion, that the conduct of all the other officers of the ship, except those whose duty it was to have remedied the deficiencies before stated, and of the crew generally, was proper, commendable, and honorable."

3 Am. St. Pap. (For. Rel.), 22.

Mr. G. H. Rose, sent by the British minister to the United States in December, 1807, to tender such redress for the attack on the Chesapeake as would be proper, was instructed to limit his mission to the case of the Chesapeake, involving, as Mr. Canning insisted, simply the question of impressing from national ships, and to decline to discuss even this question while the President's proclamation of July 2, 1807, was in force. Mr. Madison answered that the President's proclamation was not caused by the outrage on the Chesapeake alone, but by the general claim of British ships in American waters to impress from American ships of all classes, and that the claim to impress from national ships could not be severed from the general claim.

See full correspondence in 3 Am. St. Pap. (For. Rel.), 213 f. For general notice of negotiation, see supra, §§ 107, 150 b; and as to the attack on the Chesapeake in other relations, see supra, §§ 315 b, 319.

The correspondence with the British Government in reference to the outrage on the Chesapeake is given at large in 3 Am. St. Pap. (For. Rel.), 30. As there was no distinctive principle of international law enun

« AnteriorContinuar »