Lieutenant came on board, to whom I made a formal surrender of the vessel; he observed that he was only a Lieut. 'Send an officer on board, (I replied) the officers and men are your prisoners.' He ordered me on board the ship. On my arrival on board the ship, I was met by the Captain near the main mast, saying, this is his majesty's ship Erebus, Bartholomew, commander.' This is my sword, I replied) that is the U. States guo vessel No. 168, which I surrender as your prize, myself, officers and crew as your prisoners.' He said again, how dare you refuse to come on board his majesty's ship when ordered?' I know not nor do I acknowledge any right you have to order me on board, or to interrupt me sailing along the American coast. I shall, however, make a fair representation of this most flagrant abuse of power on your part to my government. I very much regret that I have not the command of a vessel of 20 guns, which would save the trouble of demanding satisfaction at a future day, by taking it on the spot.' He said, I only wish to warn you off the coast; will you see my orders from the Admiral to warn all vessels from the coast ?' As I am governed by the orders of my own gov ernment, I can have nothing to do with those of Admiral Cockburn.' He said I thought you might be from the Cape of Good Hope.' You could not believe any thing, when you see she has no quarter, has not the appearance of having been at sea any length of time; her boats not stowed as if to remain long at sea; nor could you suppose that were I from a long cruise, I should run past the port of Savannah, thereby exposing my vessel to any British cruizer that might happen to be on the coast.' He then said, upon my honor, I believe it was an accident, but I am sure the last shot would not have been fired if you had not been trying to run away from me.' • You could believe no such thing; you saw both jibs to windward, and the helm a-lee.' He said, 'upon my honor, I don't know whether it went off by accident or was fired; no orders were given to fire.' After walking the quarter-deck for a few minutes, returning, he said, will you see my orders to warn all vessels off the coast.' As I have nothing to do with them I can have no wish to see them.' 'If you think this will cause any dispute between the two governments, (said he) I will return with you to the Admiral and have it set

6

such

tled.' I replied, 'I do not feel myself authorised in my present situation, to receive any satisfaction you may have in your power to offer for such a wilful insult offered to the U.States. I was then ordered on board, and proceeded with the despatches.

JOHN HURLBURD.

STEWART'S VICTORY.

Capt. Stewart to the Secretary of the Navy.

U. S. frigate Constitution, May, 1815. SIR-On the 20th of February last, the Island of Ma deira bearing about W. S. W. distant 60 leagues, we fell in with his B. M's two ships of war, the Cyane and Levant, and brought them to action about 6 o'clock in the evening, both of which after a spirited engagement of 40 minutes, surrendered to the ship under my command.

Considering the advantages derived by the enemy, from a divided and more active force, as also their superiority in the weight and number of guns, I deem the speedy and decisive result of this action the strongest assurance which can be given to the government, that all did their duty, and gallantly supported the reputation of American seamen.

Inclosed is a list of the killed and wounded; also a statement of the actual force of the enemy, and the number killed and wounded on board their shpis as near as could be ascertained..

I have the honor to be, &c.

CHARLES STEWART.

FORCE OF THE CONSTITUTION.

32 twenty four pounders.-20 thirty-two pounders.52guns. Officers, men and boys 466.

FORCE OF THE CYANE.

22 thirty-two pounders-10 eighteen do.-2 twelve do.2 brass swivels, 36 guns.-officers men and boys 180.

FORCE OF THE LEVANT.

18 thirty-two pounders-2 nine do.-Iwelve do. 21guns.-officers, men and boys 156.

AMERICAN LOSS.

Klied 3-wounded 12.

BRITISH LOSS

Killed 35-wounded 39-prisoners 301,

BIDDLE'S VICTORY.

Capt, Biddle to Commodore Decatur.

As

U.S. S. Hornet, off Tristan'd Acunha, March 25, 1815. SIR-I have the honor to inform, that on the morning of the 23d inst. at half past ten, when about to anchor, off the north end of the island of Tristan'd Acunha, a sail was seen to the southward and eastward, steering to the westward, the wind fresh from the S. S. W. In a few minutes she had passed on to the westward so that we could not see her for the land. I immediately made sail to the westward, and shortly after getting sight of her again, perceived her to bear up before the wind. I hove too for him to come down to us. When she had approached near, I filled the maintopsail, and continued to yaw the ship, while she continued to come down; wearing occasionally to prevent her passing under our stern. At 1 40 P. M. being nearly within musket shot distance, she hauled her wind on the starboard tack, hoisted English colors, and fired a gun. We immediately luffed too, hoisted our ensign and gave the enemy a broadside. The action being thus commenced, a quick and well directed fire was kept up from this ship, the enemy gradually drifting nearer to us, when at 1 55 he bore up, apparently to run us on board. soon as I perceived he would certainly fall on board, I called the boarders so as to be ready to repel any attempt to board us. At the instant every officer and man repaired to the quarter deck, where the two vessels were coming in contact and eagerly pressed me to permit them to board the enemy but this I would not permit, as it was evident from the commencement of the action that our fire was greatly superior both in quickness and in effect. The enemy's bowsprit came in between our main and mizen rigging, on our starboard side, affording him an opportunity to board us, if such was his design, but no attempt was made. There was a considerable swell on, and as the sea lifted us a head, the enemy's bowsprit carried away our mizen shrouds, stern davits, and spanker boom, and he hung upon our larboard quarter. At this moment an officer, who was afterwards recognized to be Mr. M'Donold, the first Lieut. and the then commanding officer, called out that they had surrendered. I directed the marines and musketry-men to cease firing, and, while on the taffrail asking if they had surrendered, I received a wound in the

neck. The enemy just then got clear of us, and his foremast and bowsprit being both gone, and perceiving us wearing to give him a fresh broadside, he again called out that he had surrendered. It was with difficulty I could restrain my crew from firing into him again as he had certainly fired into us after having surrendered. From the firing of the first gun, to the last time the enemy cried out he had surrendered, was exactly 22 minutes by the watch. She proved to be H. B. M. brig Penguin, mounting sixteen 32 lb carronades, two long 12's, a twelve lb carronade on the top gallant forecastle, with swivels on the capstern and in the tops. She had a spare port forward, so as to fight both her long guns of a side. She sailed from England in Sept. last. She is in all respects, a remarkably fine vessel of her class. The enemy acknowledge a complement of 182 men; 12 of them supernumerary marines from the Medway 74. They acknowledge, also, a loss of 14 killed, and 28 wounded; but Mr. Mayo, who was in charge of the prize, assures me that the number of k lled was certainly greater. Among the killed is Capt. Dickenson, who fell at the close of the action, and the boatswam; among the wounded, is the second Lieut. purser, and two midshipmen. Each of the midshipmen lost a leg. Having removed the prisoners, and taken on board such provisions and stores as would be useful to us, I scuttled the Penguin, this morning before day-light, and she went down. As she was completely riddled by our shot, her foremast and bowsprit both gone, and her mainmast so crippled as to be incapable of being secured, it seemed unadvisable, at this distance from home, to attempt sending her to the U. States.

This ship did not receive a single round shot in her hull, nor any material wound in her spars! the rigging and sails were very much cut; but having bent a new suit of sails and knotted and secured our rigging, we are now completely ready, in all respects for any service. We were eight men short of complement, and had nine upon the sick list the morning of the action. Enclosed is a list of killed and wounded. J. BIDDLE.

AMERICAN LOSS.

Killed, 1.-wounded, 11

BRITISH LOSS.

Killed 14.-Wounded, 28.

APPENDIX.

OFFICIAL CORRESPONDENCE,

RELATIVE TO THE TREATY OF PEACE.

WASHINGTON, Oct. 10, 1814.

To the Senate and House of Representatives of

the U. States.

I lay before congress communications just received from the Plenipotentiaries of the U. States, charged with negociating peace with G. Britain; shewing the conditions on which alone that government is willing to put an end to the war.

JAMES MADISON.

'The American Plenipotentiaries to the Secretary of state. GHENT, Aug. 12th, 1814.

SIR-We have the honor to inform you, that the British commissioners, lord Gambier, Henry Goulburn, Esq. and William Adams, Esq. arrived in this city on Saturday evening, the sixth inst. The day after their arrival, Mr. Baker, their Secretary, called upon us to give us notice of the fact, and to propose a meeting, at a certain hour, on the ensuing day. The place having been agreed upon, we accordingly met, at 1 o'clock, on Monday, the eighth inst.

We enclose, herewith, a copy of the full powers exhibited by the British commissioners, at that conference; which was opened on their part by an expression of the sincere and earnest desire of their government, that the negociation might result in a solid peace, honorable to both parties. They, at the same time declared, that no events which had occurred since the first proposal for this negociation, had altered the pacific disposition of their government, or varied its views as to the terms upon which it was willing to conclude the peace.