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lowed;' which was read and ordered to lie on the duties on the exportation of gun powder. [The table.

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On motion of Mr. Forsyth, it was

Resolved, That the president of the U. States be requested (if in his opinion not inconsistent with the public interest) to lay before this house the correspondence with the government of Spain, to which the letter* of Geo. W. Erving, the American minister near that court, of the 26th October, 1816, communicated with his message of the 29th Jan. 1818, refers, and any subsequent correspondence between the two governments on the same subject. And a committee was appointed to lay the said resolution before the president.

The house took up the senate's message, insist ing on their amendment to the military appropria tion bill, (respecting brevet pay) and agreed to insist on its disagreement thereto; and to ask of the senate a conference thereon: to manage which conference on the part of this house, Messrs. Lowndes, Smith, of Md. and Pitkin were appointed.

The engrossed bill for the relief of maj. gen. Arthur St. Clair, was read a third time, passed and

sent to the senate for concurrence.

Monday, February 9-Several reports were received from committees, of no general importance Mr. Newton reported a bill "to increase the duties on iron in bars and bolts, iron in pigs, castings, nails and allum; and to disallow the drawback of

*The following is the letter referred to:

MR. ERVING TO MR. CEVALLOS.

MADRID, Oct. 25th, 1816. To his excellency Don Pedro Cevallos, first secretary of state, &c.

duties to be substituted for those now existing are, on iron pigs, 50 cents per hundred weight; on iron castings, 75 cents per hundred weight; on nails four cents per pound; on iron in bars and bolts, excepting iron manufactured by rolling, one dollar per hundred weight; and on allum, two dollars per hundred weight.] The bill was twice read and committed.

The speaker laid before the house the annual report of the commissioners of the sinking fund, (the president of the senate, the chief justice of the U. States, the secretary of the treasury, and the attorney general.) [The amount of the public debt on the 1st of Jan. 1818, stands at $99,004,800 51]

[Both houses of congress adjourned at very early hour this day-"probably," the National Intelligencer observes, "on account of the excessive cold."

Tuesday, February 10-Mr. Simkins, from S. C. appeared yesterday, was qualified and took his seat. On motion of Mr. Hopkinson, it was

Resolved, That the committee on the judiciary be directed to enquire into the expediency of increasing the salaries of the judges of the supreme court of the United States.

The house then resolved itself into a committee of the whole, Mr. Smyth in the chair, on the bill "concerning half-pay pensions, &c. and for other purposes."

After many amendments, the details having been gone through, the committee rose, reported the bill to the house, which then adjourned.

[The National Intelligencer, of Wednesday, ob serves "The bill reported in the house of repreSIR-By your excellency's note of the 17th inst. sentatives, by Mr. Forsyth, from the committee to in reply to mine of Sept. 26th, respecting the pro- whom was referred so much of the president's mes clamation blockade of gen. Morillo, and the rava sage as relates to the commercial intercourse be ges on the American commerce, which are com.tween the United States and the British West-Inmitting under it, I am told that his majesty has dia islands and possessions in North America, was ordered that information shall be taken (se pida worthy of more particular notice, than from its informe of the tribunal of admiralty. technical title of "a bill supplementary to the act That gen. Morillo has issued such a proclama-regulating duties on imports and tonnage, &c." we tion as I have described in my note of Sept. 26th, is a fact of universal notoriety; your excellency has had before you long since, the correspondence be tween the American secretary of state and Mr. Onis on the subject, and I have transmitted to you a copy of the letter of Don Francisco Montalvo, viceroy of Santa Fe, to the American commissioner, Mr. Hughes,in which the existence of the blockade is admitted, and in which the American go. vernment is referred for redress to his Catholic majesty. It was, therefore, that, by the orders of my government, I wrote to you on the subject. With the fact which I have above stated before to you, I am wholly at a loss to imagine what kind of information the tribunal of admiralty can afford, which may regulate the decision of his majesty on the subject.

gave to it. It is a literal transcript, we believe, of the bill reported by the same committee at the last session; which was ably debated, but was laid over as deserving more mature consideration. Few subjects of the present session are likely to excite more interest than this bill for countervailing the, British colonial policy; if we except, perhaps, the bill for establishing an uniform system of bankruptcy, which seems to be loudly demanded from all sections of the country.]

Wednesday, Feb. 11-On motion of Mr. Mills, the committee of ways and means were instructed to enquire into the expediency of exempting from duty the articles of Sicilian sumac and merino wool, imported into the United States.

The house then took up the report of the com. mittee of the whole on the bill concerning half-p y The tribunal cannot deny the existence of the pensions, &c. and agreed, successively, to all the proclamation; it cannot show that the proclamation amendments thereto reported by the committee. is legal; it cannot deny that American vessels have After several proposed amendments and much been taken unde the proclamation; it cannot con- debate,-The question was then taken on order. test the right of the American government to de-ing the bill to be engrossed and read a third time, mand the restitution of such vessels.

In fine, sir, it is my duty to assure you, that any demur or delay in affording the satisfaction de inanded, in a case of this principal importance, cannot bat be very sensibly felt by the government of the United States.

Irenew to you assurances of the very distinguished consideration with which I am yours, &c. G. W. ERVING.

and decided in the negative, as follows:

YEAS-Messrs. Anderson, Ken. Barber, Obio, Beecher, BellinCruger, Culbreth, Earle, Ellicott, Erving, S. C. Floyd, Forney, ger, Bloomfield, Bryan, Butler, Campbell, Colston, Comstock, Fuller, Gage, Harrison, Hendricks, Herkimer, Hitchcock, Holmes, Marr, Mason, Mass. Mercer, Merrill, Mosely, Murray, T. M. NelMass. Hunter, Irving, N. Y. Johnson, Ken. Kinsey, Lawyer, Little, son, New, Ogle, Palmier, Parrott, Patterson, Pindall, Porter, Quarles, Reed, Ringgold, Robertson, Lou. Silsbee, Simpkins, Smith, Balt. Southard, Spencer, Stuart, Md. Tallmadge, Trimble, Tucker, S. C. Walker, N. C. Waiker, Ken. Wallace, Wendover, Whiteside, Whitman, Williams, N. Y. Wilkin-65,

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NAYS-Messrs. Abbott, Adams, Allen, Mass. Allen, Vt. Ball, his opinion, would disgrace the most despotic goBarbour, Va. Bateman, Bayley, Bennett, Blount, Boss, Burwell,

Claiborne, Cobb, Crafts, Cushman, Darlington, Desha, Drake, Vernment in the world. He asked if the superior Edwards, Folger, Forsyth, Garnett Hale, Hall, Del. Hall, N. C. officers of the army and navy had not sufficient dis. Hasbrouck, Hogg, Holmes, Con. Hopkinson, Hundingdon, Kirt tinction over the inferior officers in the lionors, land, Linn, Livermore, Lowndes, McLane, W. Maclay, W. P. Mac

Jay, McCoy, Marchand, Moore, Morton, Mumford, Jer. Nelson, and in the emoluments of their station, and in the Ogden, Orr, Owen, Pitkin, Poindexter, Rhea, Rich, Richards, rewards and gratitude of the public? When, forRobertson, Ken, Ruggles, Savage, Scudder, Sergeant, Settle,

Seybert, Shaw, Sherwood, Slocumb, J. S. Smith, Stewart, N. C. getful of self-respect and of their duty to the pubStorrs, Strong, Tarr. Taylor, Terrill, Terry, Tompkins, Town- lic, they should commit crimes, why should a dissend, Tucker, Va. Tyler, Upham, Westerlo, Williams, Conn. tinction still be made between them and their inWilliams, N.C. Wilson, Penn.-79. feriors? In this country, he understood, that all

So the bill was rejected.

Mr. Storrs, under a belief that the bill had been men committing crimes, equally violate the laws and ought therefore to stand on the same footing. rejected from a dislike to the 3d section, or some The only difference between them should be this: other feature, and that, divested of the objectiona- that stronger testimony would, in the opinion of the ble provisions, the bill would pass, moved to reconsider the vote just taken, that the bill might be jury, be required to convict a man of a fair, high modified and rendered acceptable to the house.

and honorable character, than one of a different

This motion after some discussion, was negativ. description. Will you, said Mr. J. make the distinction that one officer shall be punished by death ed--ayes 53, noes 86; and the house adjourned.

Thursday, February 12.-After other business-for an offence, which, in another is punishable by Mr. Lowndes, from the committee of conference on a simple reprimand? Look at the law for the gothe disagreeing votes of the two houses, on that vernment of the navy. You will find that the inferior who commits an assault on a superior officer, part of the general military appropriation bill which forfeits his life! Why punish him more severely

respects extra pay to officers of brevet rank when than for a like offence you would any other citizen on separate service, made a detailed report, stating. the views of the committee of this house, adverse of the United States? If any other citizen comto that appropriation, and the arguments by which mits an assault, even on this officer, what is his the conferees, on the part of the senate, sustained punishment? If it be within a state, he is liable to their preference of it. It appears the committees an indictment, and to a fine and imprisonment, of the two houses parted without being able to come he is also liable to an action for damages by the light in proportion to the lightness of his offence; to an agreement, each retaining its own opinion.

After the reading of the report, Mr. Lowndes, party injured, where the damages given are proremarking that the views taken of the subject by important a distinction in this respect be made beportioned to the injury received. Why should so the committee rendered unnecessary the attempt tween officers and citizens? As this law had been to elucidate it by any further remarks from himself, moved that this house do adhere to its disa-passed many years ago, and as, perhaps, the attention of many members had not been particularly digreement of the amendment of the senate which rected to it, Mr. J. read, for their information the proposes an appropriation for the brevet ex ra pay following clauses of it: Mr. Mercer, suggesting that the length of the report was such as to prevent a due comprehension of the force and scope of its reasoning by hearing it once read, therefore moved that the report lie on the table and be printed; which motion was agreed to.

Mr. Trimble's motion, relative to Mr. Meade, was

referred to a select committee.

Mr. Johnson, of Ky, called up his resolutions, submitted early in the session respecting military affairs-see page 254. They were all rejected except the 4th and 6th. The former was laid over, and the latter was agreed to by a large majority. There was much discussion, and the house adjourned at a late hour.

Capt. Perry and Capt. Heath.

HOUSE OF REPRESENTATIVES.

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"Art. 14. No officer or private in the navy shall disobey the lawful orders of his superior officer, or strike him, or draw, or offer to draw, or raise any weapon against him, while in the execution of the duties of his office, on pain of death, or such other punishment as a court martial shall inflict."

"Art. 20. No commanding officer shall, of his own authority, discharge a commissioned or war that by suspension or confinement, &c. Any comrant officer, nor strike nor punish him otherwise manding officer offending herein shall be punished

at the discretion of a court martial."

I presume, said Mr. J. no question to be more clear, than that no court can impose the penalty of death, unless the power to punish by death be expressly given. How incompatible is such a distinction, as is contained in these clauses with the ge nius and spirit of our government! What a libel Thursday, Jan. 22, 1818.—Mr.' Johnson, of Va. on the principles of freedom and equality every rose for the purpose of submitting to the house where claimed in the United States! To what riproposition for amending the act of 1800, establish- dicule would it subject the inferior officer who ing rules for the government of the navy. Ile beg- should boast of the declaration of independence ged leave to premise that he was a friend to the and the equality of rights in this country. I ask navy; that he considered it a most important por- if the discrimination be just? If the offences comtion of the military defence of the country-and an mitted by the superior officers be not the most establishment which, of a size and force propor likely to prove injurious to the service?-the most tioned to our resources, and under wholesome and calculated to produce demoralizing and bad effects just regulations, he believed would always be found by their example? I have no question that all evil of the most essential service, as well in defensive and bad examples set by men high in office, and in as in offensive operations. But, his attention hav- the confidence of the country, descend on society ing been called by recent circumstances to the act with the accumulated force of gravity. Yet whilst to which he had referred, he was, on mature deli- the same act, if performed by an obscure subaltern, beration, fully convinced, that the act ought to be would be ridicule and condemned-if performed amended. He had seen, he said, a distinction by some distinguished and popular favorite, it made by the provisions of that act between the su- would, if not openly approved, at least find many perior and inferior officers of the navy, which, in apologists. The true policy of this government is

common sailor who stands before the mast, to the
proud commodore who commands the squadron.
I hope the resolution will be adopted. I am
influenced by no other consideration than a regard
to justice, and a just regard for the true and last-
ing prosperity of the navy. To all the parties,
capt. Heath, capt. Perry and com. Chauncey, I am
a perfect stranger.

Mr. J. then handed to the chair the following resolution:

to afford equal protection to all; to deal out equal reign nations-stooping from his elevation, forgetand exemplary punishments against all offenders, ful of his own dignity and the principles of justice, If any distinction be made, I would punish with bringing before him a subaltern officer-first be. most severity the man high in office, the popular stowing on him vulgar and scurrilous abuse, and idol, who should become forgetful of his duties and then violating his person by blows! Sir, the Ame obligations to society. There is little danger that rican flag, wherever it waves, whether it floats to the rights of the superior in the navy will be vio- the soft, voluptuous, and demoralizing air of the lated, his person attacked, or his feelings insulted, Mediterranean, or glitters in the northern blast, by those under his command. Experience, and re- should afford protection, complete and ample pro. cent occurrences, prove to us, that that the subal-tection to every citizen who sails under it, from the tern officer is in a very different situation. I allude to a recent occurrence on the Mediterranean station. It has been published to the world, and, so far as I am informed, never contradicted, that, whilst on that station, a most distinguished naval officer, captain Perry, did so far forget his own dignity as to order in his presence captain Heath, of the marine corps, and first load him with the most vulgar and abusive epithets, and then proceed to inflict blows on his person-and immediately order him under an arrest. Can such conduct be Resolved, That the committee for the department tolerated in this country? I hope, I trust not. But of the navy, be instructed to enquire into the es Captain Perry has submitted to, and received the pediency of so amending the act entitled "An act sentence of a court martial. I will not at present for the better government of the navy of the United speak of the proceedings of that court. I am not States," approved April 23, 1800, which imposes possessed of the facts in a way to authorize me. If the penalty of death on an officer or private in the the present resolution should be adopted, it is my navy, who shall disobey the lawful orders of his intention to call for the proceedings of that court. superior officer, or strike him, or draw, or offer to Sir, if congress do not interpose its aid to prevent draw, or raise any weapon against him, while in the recurrence of similar abuses in that department, the execution of the duties of his office, as to make I shall consider the sun of glory which had risen the punishment, in case of an officer, a forfeiture with such unusual splendor on the navy of the of his warrant or commission, and dismission from United States, as shorn forever of his beams. What the service; and in the case of a private, dismis man of honor, under existing circumstances, with sion from the service; and so to amend the said act the present law, would either enter your navy him- as to subject the superior officer who shall strike, self, or permit his son to do so? I would as soon become the miserable slave, who licks the dust from the foot of despotism, as to enter, with the commission of a subaltern officer, in the navy of the United States, with the existing law, under the command of a proud, supercilious, and tyrannical commander. I believe that no acts of distinguished valor, and great importance to society, were ever Mr. Harrison, of Ohio, said he had always made performed except by those who possess strong it a rule to vote for enquiry into any subject, when passions. Passions are the winds which fan the proposed by a member. In consistency with sacred flame of human genius. When regulated that rule, he should vote for this motion; but he and properly directed, they raise the owner thought it proper to say, that the resolution conof that rare gift to the most sublime heights tained principles which he could never sanction in of glory and renown. But, when irregular and un- the shape of law, and on which therefore he rerestrained, they as frequently precipitate the pos- served to himself the right to decide, when the sessor of the most brilliant genius into the gulf of question should in that shape come before the ruin and destruction. It is the province and the house. duty of the legislature, by salutary laws, to curb and restrain the wild, irregular, and pernicious sallies of human passion. No man, said Mr. J. deserved more of his country for his gallantry than captain Perry, the hero of Lake Erie-he who during the late war, shed the brightest beam on this Mr. Forsyth, of Georgia, moved to amend the nation by which its course was lighted. Sir, said resolution, by striking out the first part of it, so as Mr. J. Í should despise myself, if I possessed a to confine the enquiry to that part of the act reheart so cold as not to participate in the general ferred to which relates to the punishment of a sufeelings of respect, gratitude, and admiration for perior officer for misconduct to an inferior. He the man who, by his prowess, achieved such unfad-could not think it necessary to enquire into the ing glory to the nation. But the most radiant beam expediency of the remaining part of the proposi which ever played about the head of the hero may tion, since to amend the laws as therein proposed be obscured, and the most blooming laurels may would have a tendency to destroy subordination: become tarnished by subsequent acts of tyranny at the same time, however, he agreed with the genand oppression. Who can behold, without the tleman from Virginia as to the necessity of providing deepest regret, and without being ready to drop a for the punishment of a superior officer who so tear for the frailty of poor human nature, the hero, far forgets the respect due to his country and to surrounded by the trophies of military fame and re- his station, as to treat his inferior with contumely nown, basking in the sunshine of popular favor, en-nd violence. With respect to the circumstances joying the respect and confidence of his own nation, that had given rise to this motion, Mr. F. said, he and commanding the respect and applause of fo- knew no more than any other member of this house.

or draw, or offer to draw, or raise any weapon against his inferior officer, to a forfeiture of his commission, and dismission from the service.And further, to provide that no officer dismissed from the service of the navy of the United States, for either of the cases above enumerated, shall be re-instated by the president of the United States.

Mr. Smith, of Maryland, suggested the propriety of referring the subject generally to the committee for enquiry, without specifying any particular amendment to the laws for the government of the navy.

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The case referred to, as he and others had seen it stated, appeared to be an extraordinary one; but, he said, he had always reserved to himself the right to form an opinion on such transactions when all the circumstances should be before him, and not on the ex parte statement of any of the parties concerned.

Mr Johnson said he hoped the proposed amend ment to his motion would not be adopted, for, if his whole proposition should be incorporated into the existing acts, it would not even produce an equality of punishment. Under the present law, for an assault of an inferior on a superior officer, courts martial were authorized to award the sentence of death; whilst, reversing the facts, the offender was liable to no other punishment than dismission from the service. Why, he asked, this difference? Mr. J. said he had no doubt thousands of instances might be found, in which the hearts of the inferior officers were actuated by as patrietic and honorable sentiments as that of the supe. rior officer, who struts on the quarter-deck with his pair of epauletes. Was there any reason why a distinction should be made, in our laws, between persons who commit crimes of the same grade? When on the land our penal laws were so ameliorated as to punish even murder in the second degree, with imprisonment in a jail or penitentiary(such was the case in Virginia, and in Pennsylvania, and in other states) why punish an officer in your service by death, for a mere assault? But it was said that an equalization of punishment for these offences, would produce insubordination. He conceived not; for, even if the laws were amended as he proposed, the inferior officer committing the offence, would be liable to be dismissed from the service. If a superior officer should commit a like offence, with the stronger inducements of patriotism and respect for the laws which belong to higher station and maturer age to refrain from it, no higher punishment would await him. Mr. J. repeated, that he trusted the amendment would not prevail,

Mr. Pleasants, of Virginia, said, that before the amendment had been moved by Mr. Forsyth, he was about to object to the resolution on the ground of the specific direction it contained to the com. mittee as to the particular points to be enquired into. He thought the subject a proper one for enquiry, as respected the duty of the house and the interest of the nation. He would not give any opinion on the transaction adverted to as having occurred in the Mediterranean, because he had seen but one side of the question, to which indeed much respect was due, and the more as no reply had been made to it. That statement, he very much regretted to say, did set the conduct of the officer who had stood so high in his esteem, in a point of view which he had regarded with pain. His objection to the enquiry was to its limited nature, when, it appeared to him, the whole law, or the several laws on the subject, should be open to the investigation of the committee. The committee would then enquire whether abuses had been committed and direct their attention to the means of preventing them for the future. He should vote against the present amendment, and if it was negatived, should propose an amendment for a general enquiry.

Mr. Foroyth, withdrew his motion, with the intimation that he should not have made it, had he been apprized that the chairman of the naval committee, (Mr. Pleasants) meant to make any motion an the subject.

Mr. Pleasants then moved to amend the resolution before the house, so as to read as follows: "Resolved, That the committee on naval affairs be instructed to enquire whether any, and, if any, what alterations are proper to be made in the seve ral laws for the government of the navy."

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Mr. Johnson said, as his object was accomplished in drawing the attention of the house and of the committee to the particular point which he wished to see investigated, he would accept the proposed amendment as a modification of his own motion. And, thus modified, the resolution was agreed noir to.

Mr. Johnson then submitted the following resoldtion, the adoption of which he thought followed as a necessary consequence of that just agreed to. "Resolved, That the secretary of the navy be directed to report to this house the proceedings of a certain court martial, ordered by commodore Isaac Chauncey, on the Mediterranean station, for the trial of captain Oliver H. Perry, also, the proceedings of a court martial, on the same station, ordered by the same officer, for the trial of captain John Heath, of the marine corps."

The resolution was adopted without opposition-
LETTER FROM THE SECRETARY OF THE NAVY, TRANS-
MITTING, IN OBEDIENCE TO A RESOLUTION OF THE
HOUSE OF REPRESENTATIVES, OF THE TWENTY-SE-
COND INSTANT, COPIES OF THE PROCEEDINGS OF THE
COURT MARTIAL ORDERED BY COMMODORE ISAAC
CHAUNCEY, ON THE MEDITERRANEAN STATION, FOR
THE TRIAL OF CAPTAIN OLIVER H. PERRY: ALSO, FOR
TRE TRIAL OF CAPTAIN JOHN HEATH OF THE MARINE

CORPS. JANUARY 30, 1818. READ, AND ORDERED
TO LIE ON THE TABLE.

Navy Department, January 29, 1818. SIR-In obedience to the resolution of the House of Representatives of the 22d instant, I have the honor to tranmit, herewith, copies of the proceedings of the court martial, ordered by commodore Isaac Chauncey, on the Mediterranean station, for the trial of captain Oliver H. Perry; and also, of the proceedings of the court martial, on the same station, ordered by the same officer, for the trial of capt. John Heath, of the marine corps.

I have the honor to be,

With the highest respect, sir,
Your most obedient servant,

B. W. CROW NINSHIELD. The hon. the speaker of the House of RepresentativesCharges and specifications preferred by John Heaths Captain in the Marine Corps of the United States and communding a guard on board the United States Frigate Java, against Oliver H. Perry, Esq. Captain in the navy of the United States, and commanding said ship.ng

Charge 1st. Ungentlemanly and unofficer like conduct.

Specification. In that, on the night of the eighteenth day of September, in the year of our Lord one thousand eight hundred and sixteen, in contempt of, and in direct violation of the laws for the better government of the Navy of the United States, Oliver H. Perry, Esq. a Captain in the Navy of the United States, and in command of the United! States' frigate Java, did, in the cabin of said frigate, while laying in the harbor of Messina, then and there without cause or provocation, make use of most abusive and unwarrantable language, to John Heath, a captain in the marine corps of the United States, and commanding a detachment on board the United States' Frigate, aforesaid, in words to wit, that he, the said John Heath, was a "damned rasca

and scoundrel, and had not acted like a gentleman," plied, very well sir;" captain Perry said don't reor words to that effect peat those words again, or I will knock you down, Charge 2d. Oppression and cruelty. captain Perry repeated these words two or three Specification. In that, on the night of the eigh-times, in an attitude with his arm extended, and teenth of September, in the year of our lord one shaking either his finger or his fist, I do not know thousand eight hundred and sixteen, Oliver H. Per- which, at Captain Heath. Captain Heath again rery, Esq. a captain in the Navy of the United States, plied, "very well sir," upon which Perry struck him. and in command of the United States' frigate Java, I then got in between them, and cap. Perry called for did, in the cabin of said frigate Java, while laying in the harbor of Messina, then and there, without cause or provocation, violently strike John Heath, a captain in the marine corps of the United States, and commanding a detachment on board of the U. States' frigate aforesaid, being in contempt of, and in direct violation of the laws of the United States for the better government of the Navy.

(Signed)

JOHN HEATH,
Captain Marines.

his sword, but it was not given to him that I perceived; he then ordered me to take him below and pat him in irons and place a sentry over him during the time I was in the cabin, I heard captain Perry make use of the word puppy, to captain Heath. I took captain Heath as far as the hatch leading to the ward-room; I then returned and asked captain Perry if I should put him in irons; he told me no I need not, but to put him in his state room and place a sentry over him; which order I obeyed. He then sent for me and observed, it was not probable that the business would stop there, and request. ed me to notice the circumstances on paper as they had occurred, which I did the next morning. On leaving the cabin, I asked what order I should give Minutes of the proceedings of a court martial, assem- to the sentry who was placed over captain Heath; bled on board the United States' frigate Java, he told me I might remove the sentry, but to conin the harbor of Port Mahon, upon the 10th day of fine him to his state-room: the next morning captain January, 1817, for the trial of Oliver H. Perry, Perry told me I might allow him the use of the ward Esq. a captain in the navy of the United States. room. Lieutenant Howle ordered to withdraw. PRESENT.

Witnesses Lieutenant P. G. Howle,

Mr. Anderson,

Corporal Philpot.

John Coleman.

Capt. John Heath.

Captain John Shaw, President.

William M. Crane

John O. Creighton

John Downes

Thomas Gamble

Members.

Robert S. Kearney, Judge Advocate. All parties admitted, read the order of Isaac Chauncey, Esq. commodore and commander in chief of the naval forces of the United States, in the Mediterranean sea, dated Port Mahon, January 10th, 1817, directed to John Shaw, Esq. a captain in the navy of the United States. Captain Perry appeared in court, and being asked, made no objections to the members of the court. The members and judge advocate duly sworn: the annexed charges and specifications were read. Captain Perry being desired to plead to the foregoing charges and specifications, pleaded not guilty; whereupon the court proceeded to trial.

Lieutenant M'Call's testimony declares none of these circumstances came under my observation. I was in bed at the time.

Witness questioned by prosecutor. Question. Did you not hear captain Perry orderme in irons?

Answer. I did not.

Corporal Philpot's testimony. I was on guard on the night referred to in the charge. I was sitting outside the cabin door on one of the match tubs; captain Heath passed and went into the cabin; the door was left on a jar; I heard captain Perry address captain Heath and say, how dare you have the assurance to write me; some reply was made by captain Heath; I overheard the word feelings; captain Perry said if you repeat those words again I will knock you down; he then called for the officer of the marines, and before he arrived he called for his sword; when the officer of the marines arrived captain Perry ordered him to take captain Heath and The following witnesses were duly sworn on the put him in irons; lieutenant Howle then led captain part of the prosecution, viz. Lieutenant Howle, lieu-Heath out of the cabin, returned and asked captain tenant M'Call and corporal Philpot, all of the Java; Perry if he should put captain Heath in irons; captain all the witnesses were ordered to withdraw, except Perry said no, put him in his state room and place lieutenant Howle, who was retained for examina-a sentry over him. Lieutenant Howle ordered me tion.

to have a sentry in readiness to place over captain Heath, which I attended to. In about fifteen minutes lieutenant Howle returned to the ward room, and ordered me to withdraw the sentry, which I did.

The witness ordered to withdraw.

Lieutenant Howle. I was in the ward-room on the evening of the day specified in the charge, and was laying in my cot directly under the cabin. I heard loud talking between some persons in the cabin, and overheard captain Perry say he wanted me. I hastened out of bed, and as soon as I got my clothes on, went into the cabin; I there discovered captain Perry and captain Heath in conversation; they were standing by the after gun in the forward cabin; as I opened the door, I heard captain Heath say something about feelings; I believe captain Perry ordered him to keep silence, but will not be very positive about that; as soon as captain Perry saw me, he said, sir, I have arrested this man, (alluding to captain Heath,) you will take charge of him, and I have a great mind to put him in irons. He has not only dared to write me an insulting letter, but he has insulted me in my cabin: he then addressed himself to captain Heath and said, I would serve you right if I did put you in irons; to which captain Heath re-ties referred to?

John Coleman, duly sworn on the part of the prosecution, states as follows: I was on post, at the cabin door, the night referred to. I heard captain Perry send for captain Heath; captain Heath passed me, and went into the cabin; the first thing which I' heard, was captain Perry asking for his sword; he then called for the marine officer, to put some one in double irons. I did not know who was meant at the time, nor until I saw lieutenant Howle, lead captain Heath out of the cabin. Lieutenant Howie then stepped back and asked captain Perry, if he should put captain Heath in irons; he said no, put him in his state room, and place a sentry over him. Question. By the court. Did you see the pare

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