Chapter VI: Part 6

Capt. Shortland, after being acquitted, resumed the command of the depot, but he was seldom seen by the prisoners, being very apprehensive that the prisoners would shoot him the first opportunity; therefore he kept a body guard around him, and this day a draft of thirty prisoners being discharged, and having to pass by his house, he had his guard stationed at his door.

On the morning of the twelfth, we were informed by Capt. Shortland that the drafts for the discharge of the prisoners were already made out, and that the draft for the first cartel would consist of 280, to be discharged as they entered this depot. I therefore obtained the exact number of prisoners then in each prison, which I shall give as follows:

Prison No 1, contained, 1290
3, 952
4, 978
5, 938
7, 1248
In different employments about the stores
and hospital, 29
Patients in the hospital, 107
----
Total number of unparoled prisoners in England, 5542

In visiting the hospitals, I found the wounded prisoners fast recovering, all in high spirits, the prison generally more healthy than it had been since our arrival in it. Capt. Shortland removed his family from this place, for his guilt had brought upon him the apprehension of the first draught’s retaliating upon him by attacking his family; but no such idea had entered the imagination of any prisoner; it was the creature of his own guilt.

We were ordered at this time to be in readiness to deliver up every article which we had received from the British Government; such as beds, hammocks, blankets, &c., &c. These articles had been in our possession, and in constant use ever since the second of April, 1813, and had never been changed; we felt but little reluctance in delivering them up, when animated with the idea of once more visiting our native country, and leaving a dreary prison, which many of us had inhabited for upwards of two years.

On the following day we received a London paper which contained the following account of the late horid massacre at this depot; it read as follows:

An affair of a serious nature has recently taken place at Dartmoor prison: the prisoners attaching the greater part of the fault of their long detention since the peace, to Mr. Beasley their country’s agent, resident at London, had, before the affray, burnt his person in effigy in the yard of their prison; on account of which, Captain Shortland, unarmed and unattended, entered the yard of their prison with a view to appease the anger of these unfortunate men; but his reception was attended with the prisoners discharging a pistol at him, the contents of which grazed his clerk; upon this the prisoners attempted to gain their liberty by rushing out of the gates, but were soon coiled by the guards firing upon them, and killing twelve, and wounding thirty.

The account was equally base and false, as the act was cruel and murderous; but the mention of twelve killed confirmed the prisoners in their belief that this number had been killed, and the five which were not to be found, were secretly buried by Captain Shortland that night, and that he, in the guilty and confused state of his mind, had given an account of twelve instead of seven, which were the only ones found of the killed. I leave it to the reader to judge whether nature or habit had done most towards hardening the feelings of this man. It is well known that men accustomed to the sufferings and misery of their fellow-beings, soon grow hardened and forget them. But could this man from the short time here, have grown so callous in his feelings as to commit such acts from habit, or must cruelty and malice have been woven in his constitution?

On this day, the prisoners in making preparation for their departure, prepared a large white flag, and as a memento had in the middle of it, the representation of a tomb, with the Goddess of Liberty leaning on it, and a murdered sailor lying by its side, and an inscription over it in large capital letters, “_Columbia weeps, and we remember_.” This flag was intended to be carried home to the United States, as it showed a just resentment for the execrable deeds which it recorded, and a just respect for the sufferers. This same day, numbers of prisoners were released by application of their friends in England, for the purpose of manning ships in different ports. We had no news from Mr. Beasley, and most of the prisoners barefooted, the oldest in a state of nudity, not having received any jackets or trowsers for more than eleven months.

At length, when we were almost dead with impatience and delay, on the fourteenth we received a letter from Mr. Beasley to the following effect:

Fellow Citizens,

I have been informed that numbers of the prisoners have entertained an idea that they are to remain in prison, until the arrival of some United States’ ships in this country; but I can assure them that there is no foundation for the belief; and I can assure them of eight cartels being already taken up for their conveyance to the United States. And with regret I hear from officers who were sent to inquire into the shameful conduct of the sixth of April, that the extravagant excess of the prisoners was partly occasioned by their censuring the United States and myself.

Mr. Beasley had, no doubt, been informed of what he wrote, but it was not the fact, for his information, no doubt, came from the two officers who were here, the Admiral and his associate; but no such conversation took place in their hearing, which numbers of the most respectable prisoners can testify, and no such idea had been entertained by any prisoner in the prison. These officers intended that Mr. Beasley should bear all the blame. God knows his conduct was blameable enough throughout; but to do him justice he had no blame in the murderous act of the fatal sixth of April. His effigy had been burnt on the 24th of March, and all animosity had been dissipated with the ashes of his effigy, and his name seemed to be forgotten, for it was scarcely ever mentioned. Mr. Beasley had had every particular of the event before his interview with the officers, but made no exertions as yet to inquire into the affray.

The weather up to this day since the month began, had been remarkably fine for this place, but this morning the moor, as far as the eye could reach, was covered with snow, and continued to snow all day, and the weather very cold.

On the sixteenth we received letters from London, from many of our fellow-citizens, who had received passports and left the prison since the fatal sixth of April; on their arrival in London, they were taken before the lord mayor of that city, and their depositions taken relative to the massacre of the sixth, which was to the same purport as before the committee. On the same day, Col. Hawker, formerly consular agent, under the American consul at London, visited the prison for the purpose of shipping seamen to man ships at Plymouth, bound to New-Orleans. In this way the prisoners were daily diminishing in number, as any one might obtain a passport who could procure a friend to make application for their release, and informing Mr. Beasley that they required no assistance from him to convey them to the United States. In obtaining a passport in this way from Capt. Shortland, they needed no other protection in this country.

This day a man was committed to the cachot for drawing money from Col. Hawker in an assumed name. The colonel was determined to have him brought to condign punishment: this man the next day was taken out of the cachot and conveyed to Exeter, to be tried at the next August assizes.

On visiting the hospital, I found the wounded and the sick fast recovering, and had every attention paid them by Dr. Magrath, for their health and comfort, that his resources would allow.

On the seventeenth, a black man belonging to No. 4 was found dead in his hammock. On this day we received another letter from Mr. Beasley, which informed us that those officers who had visited the prison by order of the British government, had represented the conduct of the prisoners on the sixth of April, in a very unfavorable light, but having received a correct statement from the prison, and a general summary of the evidence on both sides as delivered in to the jury of inquest; he now apologized for his last letter.

On the nineteenth, at four o’clock in the afternoon, an express arrived informing Capt. Shortland that one cartel had arrived at Plymouth, and ordered him immediately to remove two hundred and forty-nine prisoners from this depot to that place, for embarking on board the ship. At five in the afternoon, the whole draft was collected in the square, with all their baggage. This was the first draft of prisoners that had entered the prison after the declaration of war, and had been immured within these gloomy walls more than two long and tedious years. They were then informed that one baggage wagon would be allowed to every hundred men, for the convenience of their baggage to Plymouth.

The prisoners being the greater part barefooted, made inquiry whether any arrangement had been made by Mr. Beasley for providing them with shoes and clothes, as they were much in want of them; but were much surprised and disappointed when they found no provision had been made. The money due from government had run over the usual time of payment, now twenty-five days, although application had previously been made for the payment of the daily allowance, and also, the other articles, both by the prisoners and Capt. Shortland himself; but Mr. Beasley still neglected to make any arrangement for either.

At six every prisoner’s name was called, and they committed together with their baggage to a separate prison, ready for their departure the next morning. The joy they felt on this occasion is better imagined than described; I therefore leave to the imagination of the reader, what emotions the heart must feel, when a change which promised every endearment of life to them, and freed them from every evil of it, was about to take place.

I visited the hospital this evening for the last time, and had the pleasing satisfaction of finding the sick and wounded in a state of fast recovery, except a few who were dangerous.

The next morning we took our departure for Plymouth, and with joy in our hearts bid farewell to that pale of misery, and at four in the afternoon arrived at Plymouth, having travelled all the way under the direction of a strong guard.

We were immediately embarked on board the cartel Maria Christiana, a Swedish ship, commanded by Capt. Dirkes; we found some few of our countrymen who had been on parole, on board the ship.

It was now just forty days since the arrival of the ratified treaty in England.

The next day eight of the prisoners left the cartel to join a brig under French colors bound for France.

On the twenty-second the wind being contrary, the prisoners were permitted to go on shore and spend the day. A court of inquiry had been instituted by commissioners appointed by both governments, for the investigation of the unfortunate occurrences of the sixth of April, and was then sitting for that purpose. Several of the prisoners were called upon to give evidence in the cause, and their depositions taken by the court that day.

The court was attended by Mr. Williams, deputy consular agent to Mr. Beasley.

Before we set sail Mr. Williams informed us that he was instructed by Mr. Beasley to take down all the particulars of the investigation, for the purpose of laying them before the American government; but the commissioners had not reported when we left Plymouth, but it was expected they would in a few days, which shall constitute a part of this work as soon as it is received.

Mr. Williams informed us that the money allowed by government, which had been due thirty days, would not be paid by Mr. Beasley, nor would any provision be made by him for shoes or clothing, but that the prisoners must go home as they were.

On the twenty-third, the wind being favorable, we hove short, and made preparations for sailing.

On mustering the prisoners, we found their number amounted to two hundred and sixty-three; this increase of number was by officers paroled at Ashburton.

At three in the afternoon we left the port of Plymouth, with a fresh and favorable wind.

We had left behind at Dartmoor five thousand one hundred and ninety-three of our fellow prisoners, whom the agent informed us would be conveyed to this place in the same manner as ourselves in a few days, as the other cartels were on their way round to Plymouth, and thence to embark immediately for the United States. After leaving Plymouth we found the provisions under the direction of Capt. Turner, appointed by the agents to deal out the rations to the prisoners.

We were allowed, five days in the week, one pound of salt beef, one pound of bread, half a pound of potatoes a day; the other two days one pound of pork, the same quantity of bread, and half a pint of peas per man, and half a pint of vinegar a week.

Mr. Beasley had made arrangements for each prisoner to have a small bed and blanket; the cartel was equipped according to custom, with great guns and small arms.

A Physician had been appointed with a sufficient quantity of medicine to serve during the passage.

One part of the ship was allotted to the sick, where every attention was paid them by their countrymen for their comfort and convenience.

During the residue of the month nothing material occurred; cartel quite healthy, only five cases of sick, and them not very dangerous; the month ended with winds, light and unfavorable.

On the first of May we were in lat. 45° North, and longitude 23° 41’ West. On the second, being in long. 24°, we spoke a brig from London bound to Quebec.

From the first to the fourteenth the winds were from N. W. to S. W., and the cartel kept between the latitudes of 42° and 44° North.

Some few sick but not dangerously. On this day we discovered a sail on our weather beam, standing to the eastward; at 2 P. M. she bore up and stood for the cartel, with a British flag flying; at four we spoke her in lat. 42, and long. 38. She proved to be a British transport with a number of troops from Mobile, bound to England, and fourteen days from Bermuda. She sent her boat alongside of the cartel with a naval and military officer, and the captain of the transport; they came on board the cartel and remained for an hour, and then returned to the transport, and each ship made sail for their destined places.

The winds still continued the same way the twenty-eighth. This day, Sunday, we fell in with several large islands of Ice, lat. 43°; on the same day, lat. 42° long. 60°, we spoke the brig Sally Barker, six days from Boston, bound for Portugal; the three days following the winds continuing light, from the South and West, we spoke a brig from Portland four days out, bound to Surinam.

Cartel perfectly healthy, with the exception of one man very low in a consumption.

On the first of June, lat. 40, 50, long. 64, spoke the ship Helvitius, of Philadelphia, bound home, after remaining during the whole war up the east country. On the 2nd of June, lat. 40, 35, long. 69, the majority of the prisoners agreed to take possession of the cartel, and run her into New-York, for the following reasons: the ship being disabled by the loss of her main trussel-trees, which endangered the top-mast, and rendered her unfit for sea; secondly, there being every appearance of a gale from the S. W. and the weather thick and hazy; thirdly, the port of New-York being the most convenient for the greater part of the prisoners; for which reasons, at twelve meridian, by the general voice of all on board, the command was taken from her former captain, and she directed for the port of New-York. At 4 P. M. the man in a consumption “put off this mortal coil,” and took his quietus in thirty-five fathoms of water, in the usual form at sea.

The captain of the ship required some document, that he might show for his indemnification for resigning the command of the ship, and deviating from his destined port, which was Norfolk, Vir.; the following certificate, signed by a great number of the prisoners, was delivered him.

CERTIFICATE.

We, the undersigned, citizens of the United States of America, do hereby certify, that on the second day of June, 1815, at twelve meridian, being in lat. 40, 30, long. 69, 30, by mutual agreement of a majority of prisoners now on board the cartel Maria Christiana, bound for Norfolk, did take possession of her, and directed her for the port of New-York.

At four o’clock on the third, we discovered the highland of New-Jersey bearing W. by S.; at eight made the light house, distance three or four leagues; at two P. M. obtained a pilot and stood within the Hook; at seven came to an anchor; the next morning arrived at New-York.

Having received the report of the commissioners since our arrival in the United States, we shall give it to the reader verbatim. The reader will perceive that it differs somewhat from the account of the massacre which I have given before, and that of the committee of prisoners. The public are to judge of the report; the facts seemed not to warrant just such an one; but to give my simple opinion as an individual, I believe that the commissioners, through a sort of _pia fraus_ for the love of peace and harmony between the two governments, have made it a vail of amnesty, and a preventative of new troubles.

THE REPORT OF THE COMMISSIONERS.

PLYMOUTH, 26th 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 of April instant, 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; proceed 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 upon the subject, as well as those who had been previously examined before the coroner, or otherwise, to the number in the whole of about eighty. We further proceed 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 excess, has been principally indicated by threats of breaking out if not soon released.

On the fourth of this month in particular, only two days previous to the events, 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, demanding bread, instead of bircuit, which had on that day been issued by the officers of the depot; their demands, however, 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 sixth, about six o’clock, it was clearly proved to us, that a breach 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 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 disturbances 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 by 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 rang, (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 the 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-wagon 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. Capt. 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 retire 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 Capt. 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 he could not come fairly down to the charge; and the military were unwilling to act as against an enemy. Some of the prisoners also were unwilling and reluctant to retire, and some pushing and 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 these 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, hallooing, insulting and provoking, and daring the military to fire, and, according to the evidence of some of the soldiers, and some others, was 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 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 other 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 Capt. Shortland gave that order; but the manner in which, from the confusion of the moment, they describe 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 Capt. Shortland, or by any one in particular, and some, amongst whom is the officer commanding the guard, think, if Capt. Shortland had given such an order, that they must have heard it, which they did not. In addition to this, Capt. Shortland denies the fact; and from the situation in 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 showing 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 Capt. Shortland was in the market-square, exerting himself and giving orders to that effect, and that Lieut. 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 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. Capt. 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 Lieuts. Avelyne and Fortye, the only other subalterns known to have been present, continued in the square 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 prison 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. But that part, which it is positively sworn was directed against struggling 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 into 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 of 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 should 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 totally 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,
FRAS. SEYMOUR LARPENT.

LONDON, 18th April, 1815.

SIR,

At the request of Lord Castlereagh, we have had interviews with him and Mr. Goulburn on the subject of the transportation of the American prisoners now in this country, to the United States, and of the late unfortunate event at the depot at Dartmoor.

On the first subject we agreed to advise your acceptance of the proposition of Lord Castlereagh to transport the prisoners at the joint expense of the two countries, reserving the construction of the articles of the treaty, which provides for the mutual restoration of prisoners, for future adjustment. It was stated by us, and was so understood, that the joint expense, thus to be incurred, is to comprehend as well the requisite tonnage as the subsistence of the prisoners; and moreover that measures of precaution should be adopted relative to the health and comfort of the prisoners similar to those which had taken place in America.

The details of this arrangement, if you concur with us as to the expediency of making it, are left with you to settle with the proper British authority.

On the other subject, as a statement of the transaction has been received from the American prisoners, differing very materially in fact from that which had resulted from an inquiry instituted by the port admiral, it has been thought advisable that some means should be devised of procuring information as to the real state of the case, in order, on the one hand, to show that there had not been any wanton or improper sacrifice of the lives of American citizens, or, on the other, to enable the British government to punish their civil and military officers, if it should appear that they have resorted to measures of extreme severity without necessity, or with too much precipitation.

Lord Castlereagh proposed that the inquiry should be a joint one, conducted by a commissioner selected by each government. And we have thought such an inquiry most likely to produce an impartial and satisfactory result.

We presume that you will have too much occupation on the first subject and the other incidental duties of your office, to attend to this inquiry in person. On that supposition, we have stated to the British government that we should recommend to you the selection of Charles King, Esq. as a fit person to conduct it on behalf of the American government. If Mr. King will undertake the business, he will forthwith proceed to Dartmoor, and in conjunction with the British commissioner, who may be appointed on the occasion, will examine the persons concerned, and such other evidence as may be thought necessary, and make a joint report upon the facts of the case to John Q. Adams, Esq. Minister Plenipotentiary of the United States at this court, and to the British government.

The mode of executing this service must be left to the discretion of Mr. King and his colleague. If they can agree upon a narrative of the facts after having heard the evidence, it will be better than reporting the whole mass of testimony in detail, which they may perhaps find it necessary to do, if they cannot come to such an agreement.

We are, sir, your obedient humble servants,
(Signed) H. CLAY,
ALBERT GALLATIN.

R. G. Beasley, Esq. &c., &c.

PLYMOUTH, 26th April, 1815.

SIR,

In pursuance of 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 temporizing, 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 done, and caught with electric rapidity from the square to the platforms, there is no plea or 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 light 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. Beasley, 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. Beasley 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. Beasley 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 firmness with which this inquiry 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, J. Q. ADAMS, &c., &c.

LONDON, 30th April, 1815.

SIR:

In my letter of the 19th instant, I informed you of the measures which had been adopted here in consequence of the late unfortunate event at Dartmoor prison.

I have now the honor to transmit the copy of a letter addressed to me by Mr. Clay and Mr. Gallatin, relative to that occurrence, and to the transportation of the American prisoners in this country to the United States.

In the absence of Mr. Adams, it becomes my duty to communicate, for the information of our government, the result of the investigation at Dartmoor. I enclose a copy of the joint report of the commissioners appointed for that purpose, also of a letter from Mr. King to Mr. Adams, and of a list of the killed and wounded on that melancholy occasion.

I shall leave to Mr. Adams any further steps which he may deem it proper to take in this business. I cannot, however, forbear to notice the erroneous impression of the prisoners, that their detention so long has been owing to me. You are aware, sir, of my constant exertions during the war to effect their liberation. I immediately, on the signing of the treaty of peace at Ghent, renewed my instances on that subject; proposing, as a condition, that all prisoners who might be delivered over to me by the British government, should be considered as prisoners of war, and not at liberty to serve until regularly exchanged, in the event of the treaty not being ratified by the President. This proposition was declined, and in a peremptory manner.

On the receipt of the intelligence of the ratification from America, I lost not a moment in requesting the release of the prisoners, according to the terms of the treaty; and the number of vessels which I had hired, as mentioned in my letter of the 13th, and which are now on their voyage to the United States, will show that the necessary steps were taken to provide for their immediate transportation to their country. The prisoners also were informed of these measures, and of the exertions which had been made from the commencement, to return them to their homes with the least possible delay. Therefore, whatever may have been their uneasiness, under confinement, and whatever hostile feelings they may have had towards me, as noticed in the report, and in Mr. King’s letter, I must say, with confidence, that I could not prevent the one, nor have I deserved the other.

I have the honor to be, sir, your most obedient humble servant,

R. G. BEASLEY.

The Hon. JOHN MASON, &c. &c.

[From the Plymouth (Eng.) Telegraph, April 22, 1815.]

_To the Editor_:

SIR,

The officers and prisoners of this depot, feeling an ardent desire
that the citizens of the United States may be informed of the many
and great services rendered them by Dr. Magrath, and likewise that
the subjects of Great Britain may learn with what sentiments of
gratitude and respect his unparalleled efforts in the cause of
humanity, and the discharge of his duty, have, at this depot, filled
us; we have to request that you will cause to be inserted in your
paper, as early as possible, copies of the enclosed testimonials,
addressed to that gentleman.

I am, &c.,
BENJAMIN MERCER.

HOSPITAL, April 13, 1815.

DARTMOOR PRISON, March 28, 1815.

To His Excellency JAMES MADISON.

_Honored and respected Sir_:

From the general philanthrophy of your character, and liberality
of sentiment, no apology is deemed requisite for introducing to
your particular notice, and that of the nation at large, Dr. George
Magrath, principal of the medical department for the American
prisoners of war in England. It is impossible for us to speak
of this gentleman in terms that will do justice to his superior
professional science, brilliant talents, the exemplary virtues of
his heart, the urbanity and easy accessibility of his manners, his
unremitting assiduities and unwearied exertions, in combatting
a succession of diseases of the most exasperated and malignant
character, which prevailed among the prisoners. At the first forming
of the depot, _pneumonia_, in its worst form, generally prevailed,
which degenerated into a still more dangerous species of pulmonic
complaint, nearly _peripneumonia notha_, which was rapidly succeeded
by a putrid kind of measles, and that destructive malady followed by
a malignant small-pox, which spread rapidly; dismay and apprehension
were painted on every countenance.

Dr. Magrath’s time and attention were fully occupied in the
hospital, and in vaccinating the prisoners. From his unprecedented
exertions in an inclement season of the year, in a most inhospitable
clime, his health became seriously impaired; but totally regardless
of himself, he persevered in his unparalleled exertions, and from
his superior knowledge in the healing art, was the means, under
divine Providence, of rescuing many citizens of the United States
from the fast approximating embraces of death. This malignant species
of small-pox, unknown to the generality of professional gentlemen,
appeared in other places, and a far greater number fell victims, in
proportion to the cases at the place. We therefore trust, that some
distinguished mark of the nation’s gratitude will be conferred on
Dr. Magrath; for this truly great man’s exertions in the cause of
suffering humanity, have been rarely equalled, but never excelled.

We have the honor to remain, with sentiments of respect and
attachment, your excellency’s obedient humble servants,

BENJ. MERCER, }
PIERRE G. DE PEYSTER, }
HENRY PROCTOR, }
JOHN COTTLE, }
THOS. CARBERRY, } Hospital
JAMES LESTER, } Committee.
HENRY BULL, }
THOS. B. MOTT, }
SETH WALKER, }
WILLIAM WEST, } For and in behalf of
CHARLES DEXTER, } the Amer. prisoners
WILLIAM MOLLEY, } at this depot.
JOHN S. TROUBRIDGE, }
HENRY SHERBURNE, }
THOS. B. FROST. }

ANSWER.

_Officers and brave Americans collectively_:

Permit me to request you will accept the warmest and most sincere
thanks of my heart, for the flattering testimonials of your
approbation of my conduct, with which you have honored me, and allow
me to assure you, that nothing can be more exquisitely gratifying
to my very best feeling, than the language in which you have been
pleased to convey this mark of your esteem. I feel convinced that
you will indulgently excuse me, if I find it impossible to command
words sufficiently emphatic, adequately to express the sentiments of
gratitude, with which I am penetrated, for this unexpected proof of
your regard; I must therefore allow my heart, rather than my pen, to
thank you. But it would not be doing justice to my feelings were I
to abstain from assuring you, that I have endeavored to perform my
duty towards you, with that self-devotedness which looks only for its
reward in its own consciousness of right, and its own secret sense
of virtue; and whatever difficulties I have had to encounter in the
discharge of my important trust, by struggling with a succession of
the most violent and exasperated epidemic diseases, perhaps ever
recorded in medical history, during the whole of my service among
you, the distinguished proof of your confidence, and approbation of
my professional labors, with which you this day have been pleased to
honor me, amply compensates me, and must rank amongst the proudest
and happiest events of my life. It now only remains for me, in this
plain, but unfeigned language, again to beg you will receive my most
sincere thanks; and to assure you, collectively, that a due and
lively sense of the high honor which you have conferred upon me,
shall, to the last moments of my existence, remain ingrafted in my
breast. And here allow me most sincerely to congratulate you on the
happy event which terminates your captivity, and which is soon to
restore you to the bosoms of your families and friends; and that you
may all enjoy peace and happiness, is the sincere wish of your most
grateful and much obliged humble servant,

GEO. MAGRATH.

DARTMOOR, March 30, 1815.

DARTMOOR PRISON, April 9th, 1815.

To His Excellency JOHN Q. ADAMS.

SIR:

Impressed with the sense of duty which we owe to our country and
to ourselves, we respectively solicit permission to introduce to
your Excellency George Magrath, Esq., M.D., principal of the medical
department at this depot. Language is incompetent to delineate
the worth and character of this gentleman, pre-eminent in medical
science, enriched by every virtue and accomplishment that can dignify
and adorn human nature, and form the gentleman and philanthrophist.

His professional skill has been peculiarly conspicuous in his
successfully combatting a succession of diseases, of the most
exasperated and malignant character, which prevailed among the
prisoners.

Dr. Magrath’s health, from his indefatigable exertions, became
seriously impaired, but he persevered in the performance of his
arduous duties and unremitting efforts to arrest the alarming and
rapid advances of the prevailing diseases; and he was the agent under
divine Providence of rescuing many citizens of the United States from
a premature grave, and as it were, renewing their existence, but more
particularly on the late unhappy occurrence.

Language is too impotent to describe Dr. Magrath’s unexampled
endeavors to prevent the effusion of blood; regardless of the many
dangers by which he was environed, he persevered, amidst the heavy
and incessant fire of musketry, in his humane endeavors to prevent
the fatal catastrophe.

His treatment of the unfortunate wounded Americans is superior to
all praise, and was such as to entitle Dr. Magrath to the esteem and
gratitude of the citizens of the United States.