that the article on which the doubt had arisen, being founded on principles of perfect reciprocity, it appeared to him scarcely consonant with those principles, that the only expense to be defrayed by the United States should be that of conveying the British prisoners from the United States to Bermuda or Halifax, while Great Britain should have not only to convey to America the American prisoners now in this country, but also to bring home from colonies nearly as distant as the United States all her own prisoners.

Extract of a Letter from H. Clay and Albert Gallatin, Esquires, to Mr. Beasely. London, April 18, 1815. "AT the request of lord Castlereagh, we have had interviews with him and Mr. Goulburn, on the subjects 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 [latter] 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 in 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 J. Q. Adams, Esq. minister plenipotentiary of the United States at this court, and to the British govern

ment.

The mode of executing this service must be left to the direction of Mr. King and his colleague. If they can agree upon a narration 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, &c.

R. G. Beasely, Esq. &c.

H. CLAY,
ALBERT GALLATIN.

Mr. Charles King to Mr. Adams. Plymouth, April 26,

1815.

SIR,-In pursuance of instructions received from Messrs. Clay and Gallatin, I have now the honour to transmit to you, the report prepared by Mr. Larpent and myself, on behalf of our respective governments, in relation to the unfortunate transaction 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 a conduct a little more temporizing, this dreadful alternative of firing upon the 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 electrick rapidity from the square to the platforms, there is no plea nor 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's. 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 apprehension as to their escape. Upon this ground, as you, sir, will perceive by the report, Mr. Larpent and myself had no difference in 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 some little time, are fully proved; and his general conduct previous to this occurrence, as far as we could with any propriety enter into such details, appears to have been characterized by great fairness and even kindness, in the relation which he stood towards the prisoners.

On the subject of any complaints existing against their own government by 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 attribute 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 fairness 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 of the vicinity.

I have the honour to be, sir, with much respect, your most obedient, very humble servant,

CHARLES KING.

To His Excellency J. Q. Adams, &c.

Report of Messrs. Larpent and King, upon the occurrence at Dartmoor Prison. April 26, 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," proceeded 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 the purpose, or who could be discovered as likely to afford any material information on the subject; as well those who had been previously examined

before the coroner, as otherwise, to the number in the whole of above eighty. We further proceeded to a minute examination of the prison, 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 of the 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 excesses, has been principally indicated by threats of breaking out, if not soon released. On the 4th of this month in particular, only two days previous to the event 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 biscuit, 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 6th, about 6 o'clock, it was clearly proved to us, that a breach or hole 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 num