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ty of 25 cents per gallon could produce a larger re- service. The signal display of both by capt. Bainvenue than the whole of the 13 tax bills last session bridge, his officers and crew, command the highest reported by the committee of ways and means. The praise. advantage of a tax of this description over a direct This being a second instance in which the condition tax or other taxes would, he said, be obvious; and of the captured ship, by rendering it impossible to get he was persuaded that there was time enough to in-her into port, has barred a contemplated reward of troduce and mature a bill for that purpose. To successful valor, I recommend to the consideration of bring this subject before the house, he offered the congress the equity and propriety of a general provi following resolution: sion allowing, in such cases, both past and further, a "Resolved, that the committee of ways and means fair proportion of the value which would accrue to the be instructed to report a bill to impose a duty on all captors, on the safe arrival and sale of the prize. spirituous liquors distilled in the United States, not

to exceed an average of 25 cents per gallon, accord-February 22, 1813. ing to the degree of proof thereof."

JAMES MADISON.

[For the "letter and documents" alluded to, sed The house having agreed to consider the resolu-"events of the war," page 410.] tion

On motion of Mr. Newton, the house resolved [Messrs. Wright and Quincy supported, and Messrs. itself into a committee of the whole, Mr. Pickens in Johnson, Grundy, Findley and M'Kee opposed the the chair, on the bill to prohibit any vessel of the U. resolution. In favor of it, it was said that it would States from trading under any pass or license from a equalize the burthens of the whole people; and foreign power. against it observed that it would fall exclusively on the agriculturalists. Mr. Cheves had no objection to its forming a part of a system.]

The question was then taken by yeas and nays on this proposition, and decided as follows:

The bill received several amendments in committee; but the committee rose without having gone through the same, and obtained leave to sit again.

Tuesday, Feb. 23.-Mr. Seybert presented a memorial from sundry naturalized citizens of PennsylYEAS-Messrs. Bacon, Bigelow, Blackledge, Bleecker, Brigham, vania on the subject of the prince regent's proclaBurwell, Carr, Chittenden, Condit, Cutts, Davenport, Dinsmoor, Ely,mation relative to British subjects naturalized by

Fitch, Gholson, Gold, Goodwyn, Green, Grosvenor, O. Hall, Hawes,

Hufty, Jackson, Little, M Kim, Mitchell, Morgan, Nelson, Nebold, the United States, and praying congress to make Pond, Porter, Quincy, Richardson, Sawyer, Seaver, Shaw, Stow, some provision on the subject. Referred to a comStrong, Tallmadge, Tallman; Van Cortlandt, Wheaton, White, mittee of the whole house with the retaliation bill. Whitehill, Williams, Wright-46.

NAYS-Messrs. Alston, Anderson, Archer, Avery, Baker, Bard, Mr. Cheves reported the treasury note bill, with Barnett, Bassett, Bibb, Brown, Butler, Calhoun, Champion, Cheves, the amendinents of the senate thereto, to which the Clay, Cochran, Clopton, Crawford, Davis, Dawson, Desha, Earle, Emott, Findley, Franklin, Goldsborough, Gray, Grundy, B, Hall, committee had made ro amendment. The house conHyneman, Johnson, Kennedy, Kent, Key, King, Lacock, Law, curred with the amendments. Lewis, Lowndes, Lyle, Moore, MCoy, M'Kee, Metcalf, Milnor, Morrow, Mosely, New, Newton, Ormsby, Pearson, Pickens, Piper, Plea sants, Porter, Ringgold, Rhea, Roane, Roberts, Robertson, Rod man, Sage, Sevier, Seybert, J. Smith, Standford, Stuart, Sturges, Sullivan, Talliaferro, Tracy, Troup, Turner, Wilson, Winn-75. So the motion was negatived.

Mr. Gholson from the committee of claims to whoia was referred the resolution on the subject for making further provision for the militia that may be called out, reported that any other provision was inexpedi

The house resumed the consideration of the unfi-ent, which was concurred in by the house. nished business, viz. the remnant of the bill lately bill to compensate captains Hull, Bainbridge and Mr. Bassett from the naval committee reported a referred to the committee of ways and means.

The motion pending on the last adjournment, was, to strike out the 5th section, which prohibits the judges of the United States from giving up property under judicature, on the owner's giving bonds for refunding its value.

After considerable desultory debate, the motion to
strike out the section was negatived.
For striking out the section
Against it

44

73

Mr. Milnor then moved to strike out the section of the bill which provides for laying an additional duty on foreign tonnage, and supported his motion in a speech of considerable length; to which Mr. Roberts, Mr. Bibb and Mr. M‘Kim replied.

the whole house for this day.
others, read twice and referred to a committee of

time and passed.
The following engrossed bills were read a third

The bill for continuing the Mediterrancan fund. The bill providing an uniform mode of naturalization throughout the United States.

The bill for altering the time for holding district courts of the United States, for Virginia and NewYork.

An engrossed bill forbidding the restoration of goods, wares, and merchandize, was read a third time. [This is the fragment of the bill for suspending the non-importation law,after the cutting out of the four first sections.]

The motion was negatived by a large majority. On motion of Mr. Milnor, a new section was add-moved to recommit it, but the motion was negatived Mr. Gold opposed the passage of the bill, and ed to the bill, limiting its duration to the continuance of the war.

The bill was ordered to be engrossed for a third reading, as amended, embracing in this form merely the provision for enforcing the non-importation act, and the duty on foreign tonnage, yeas 67, nays 45. NAVAL HEROISM.

The following message was received from the President of the United States:

by a majority of 20, and the bill passed.

The house in committee of the whole Mr. Lewis tains Hull, Bainbridge and others. A short discusin the chair, took up the bill for compensating capsion took place on the bill, when the blanks were filled with the words "one hundred thousand dollars," and the bill ordered to be engrossed for a third reading to-morrow.

[The house (m committee of the whole) spent To the senate and house of representatives of the U. S. some time in considering the bill for altering the I lay before congress a letter with accompanying time of the next meeting of congress, but come to documents from capt. Bainbridge now commanding no conclusion.] the United States frigate the Constitution, reporting Wednesday, Feb. 24.-After other businesshis capture and destruction of the British frigate The bill for remunerating captams Ilull and Bain"the Java." The circumstances and the issue of this bridge and others, was read a third time and passed. combat afford another example of the professional by a majority of 32.. There being 61 for, 39 against it. skill and heroic spirit, which prevail in our navall The house being resolved into a committee of the

whole, again resumed the consideration of the bill, major, to serve in the commonwealth alone. They for calling an extra session of congress. are to be enlisted to serve during the war, to receive After considerabie discussion, the 4th Monday in $20 bounty, and $8 per month-they have also auMay was fixed upon-the bill for that purpose final-thorised the expenditure of $50,000 for munitions ly passed, 76 to 33. of war, and directed the formation of two depots, one at Richmond and the other near Norfolk. BRITISH HUMANITY, Juggernaut "religion" and Spanish “liberty”-or, in other words, & SHOCKING BARBARITY, such as Englishmen, cold blooded wretch. es, alone have ever permitted in civilized war. It freezes us with horror; and calls aloud for vengeance on the allied assassins. A terrible retribu tion is in store for the base and cowardly murderers of the wounded.

Events of the War.

Department of State, February 23. Alien enemies residing or being within forty miles of tide water, are required forthwith to apply to the marshals of the states or territories in which they respectively are, for passports to retire to such places beyond that distance from tide water as may Eztract of a letter from col. Porter, commanding at NF be designated by the marshals. This regulation, however, is not to be put in force without special agara, to gen. Dearborn, "The arrival of several of gen. Winchester's offi notice against such alien enemies not engaged in cers at Buffalo,last evening, confirms the late reports commerce as were settled previously to the declara- of that general, and his little army, having been kil tion of war in their present abode or are there pur-led or captured. Those officers state that such was suing some regular and lawful occupation uncon- the hellish ferocity of the savages after the battle, nected with commerce, and who obtain, monthly, that every person, who by wound or otherwise, was infrom the marshal of the district in which they reside, capable of marching, was instantly and indiscriminate permission to remain where they are. ly butchered by them!!! The general and the remainBOSTON, Feb. 20.-The following was posted up in der of his troops are now crossing at Fort Niagara. the custom-house in this town yesterday: "No vesThe field officers are refused their parole." sel will be permitted to leave this port for any port Ectract of a letter from Black-Rock, Feb. 10, 1813. or place in the United States, or elsewhere, until the We are quite inactive-merely guarding the shore master has exhibited to the collector, a list of the-every officer is anxious to cross-as it is well aspassengers and crew of said vessel, and designating certained the enemy have not more than from 250 to each by his name, the place of his birth and resi- 300 men opposite this-and very few below. [It is dence. The object of the above resolution is to prepresumed the British have been marched off to op vent Aliens from travelling in the United States with pose Harrison.] out passports, which will be furnished by the collec-l tor, agreeably to instructions from the secretary of the treasury."

MILITARY.

NASHVILLE, Jan. 12.

Important news (says the New-York Gazette) may Scon be expected from the northward—as a letter from an officer, at Buffalo, to his friend here, dated the 13th inst. states that our army was to cross over A letter to the editor of the Register from Chili.to Canada in a night or two from that date. There cothe, dated the 17th inst. informs, that gen. Harri.jare 1500 regulars at Buffalo. son's head-quarters were at the Rapids, at the latest account they had of him. Nearly the whole of the On Sunday last the volunteers (2000 men) who troops arrived with him; the greater part of the were rendezvoused near this place, descended the artillery was also there, and the remainder only 20 Cumberland for New-Orleans. We understand the niles in the rear, moving onwards. The general cavalry have moved also. They go by land. had taken a strong position, fortified his camp and ST. Loris, (M. T.) Dec. 12. planted his artillery. The term of service of two) Clemency. When gov. Edwards and col. Russell brigades of Ohio militia having expired, it is inti-surprised the Kickapoo town, and during the pursuit mated he may wait for reinforcements, from that of those savages, who had so lately imbrued their state and Kentucky, now on the way to join him hands in the blood of our unoffending women and From all that we see of Harrison we trust he will children: the brave militia disdained to shoot or cut put in a good claim to the brilliant title the people of down the Indian women and children who ran and the country he is in delight to give him-"The Wash-squatted in hundreds amongst the long grass in the ngton of the West." It is stated that three persons Prairie. A friend of ours who was on that expedi sent by him with a flag of truce to the officer comtion, says, "when our men found six white scalps in manding the enemy have been murdered. one of the Indian houses, and recognized them to From the accounts we have of the success of the belong to O'Neil's wife and children, they were on recruiting service in all parts of the United States, the verge of retaliation, but more generous feelings there are the strongest reasons to believe a number gave place to revenge, and only one squaw was put of regulars suticient for all the purposes required to death.

will be had by the time they are wanted. Various Extract of a letter from Ogdensburg, dated Feb. 7. detachments are about to proceed to the Niagara frontier, with a view, no doubt, to co-operate with post, left this village with about 200 volunteers, part Last evening capt. Forsyth, commandant at this general Harrison. Previous to their adjournment, the legislature of lunteers, and the remainder citizens, among whom from his own company, part from capt. Lydle's voKentucky, authorised governor Shelby, to raise an were col. Benedict and other gentlemen of distinc army of three thousand men, and to take the field tion. The detachment proceeded in sleighs up the and command it in person. river to Morristown, where they formed, and at 3

A regiment of 1000 men, is allotted by the govern- o'clock this morning crossed over to Elizabethtown, ment of the United States to aid in the defence of surprised the guard, took 52 prisoners, among whom the sea-coast of Virginia. were major Carley, 3 captains and 2 lieutenants, al

The general assembly of Virginia have passed an so 120 muskets, 20 rifies, 2 casks fixed ammunition, set to raise 8 companies of infantry, 2 of artillery, 1 &c. but no private property was either taken or deof cavalry, and i of riflemen, in the whole about 1000 stroyed. All was effected without the loss of a sinmen, to be commanded by one col. one lieut. col. une'gle inan.

Capt. Forsyth was led to this enterprise by the re- battle was fought at about 20 miles from Detroit, ri-peated aggressions of the British guards, who had ver au Raisin, on the 22d inst.

been in the habit of crossing the river a few miles Joy unalloyed pervades all ranks here, and we are above this place, and taking the descrters, 16 of ready for another opportunity to convince the enewhom they had in the jail at Elizabethtown, threat-my, that he has no trifling difficulties to encounter ened with being shot. Capt. F. being informed of before he conquers Upper Canada. this, determined to effect their liberation, in which

FROM THE MONTREAL HERALD OF FEB. 6.

he succeeded. One prisoner confined in the jail for Defeat of Gen. Winchester-An attack was made murder he declined taking. Capt. F. speaks of the on the 22d January on the American troops under conduct of the officers and men in the highest terms the command of brigadier gen. Winchester by col. of approbation. Two British officers from Prescott Proctor, at Frenchtown on the river Raisin, about came over a few hours after the return of our troops 26 miles from Detroit. The enemy's force 1100, that with the prisoners, to effect their release. I under- of col. Proctor about 300 troops of the line and saistand they are all parolled, and are to return again to lors, and 600 Indians.

Canada this evening.

The movement of the troops on the other side indicating an attack on this place, col. Benedict was induced to call out his regiment of militia, so that we have now in Ogdensburg about 800 men; and should an attack be made from Prescott, I have the fullest confidence in our success. Indeed, from the high tone of our troops, it is difficult to restrain their ardor; and should they not be attacked from the other side within a few days, I should not be surprised were they to go over there.

FROM THE MONTREAL COURANT OF FEB, 6.

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RETURN OF PRISONERS TAKEN.

1 brigadier general, 1 colonel, 1 major, 9 captains, lieutenants, 10 ensigns, 1 brigade major,1 adjutant, quarter master, 2 surgeons, 27 serjeants, 455 rank and file-total 493.

After the battle great numbers of more prisoners were bringing in by the Indians. They took another army, viz. 500 large hogs from Kentucky, and killed 100 men that had them in charge.

A large body of Americans are advancing towards Chicago, on lake Michigan, and the Indian chief Murpolot with 2000 Indians from the Mississippi, have gone against them.

English accounts of the defeat of General Winchester. We hear that gen. Harrison with his division of GLORIOUS NEWS!~Last evening major Evans ar- the army were within 5 or 6 days march of general rived from Niagara, who brought with him the offi- Winchester in a starving condition and surrounded cial accounts of a glorious victory, obtained by col. by Indians. Proctor over the army of gen. Winchester, on the

FORT GEORGE, 30th Jan. 1813.

22d of January at the river Raisin. The following Lieut. M'Clean, of the 41st arrived here yesterparticulars we understand are correct. Col. Proc-day with despatches for Quebec, from Amherstburg, tor, who commanded at Detroit, received advice on bringing an official account of the capture of genethe 19th January, that gen. Winchester had advanc-ral Winchester's army, consisting of 30 officers and ed with eleven hundred men as far as the river Rai- 552 men! exclusively of this number it is supposed sin, about 20 miles distant, on his way to attack De- that nearly 500 fell in the field of battle. troit. Col. Proctor took the resolution of going out Colonel Proctor having received intelligence of with as many of the garrison to attack him,as he could the approach of brigadier general Winchester on spare. On the night of the 21st, he discovered gen. the 18th inst. immediatety assembled as large a Winchester and his army in the village of Raisin, and force as his means would admit of, and proceeded at day-light on the 22d the attack commenced. The against him. On finding him in possession of the Americans were lodged in houses in the village,some village on the river Raisin, called Frenchman's town, of which were stockaded; however,after a bloody con-about 26 miles from Detroit, he made immediate Hict the whole American army, with their general, arrangements for attacking him in his strong posi were killed or taken. From the nature of the attack tion, which was gallantly carried at the point of the and the means the enemy had of defending them- bayonet, after a determined resistance of an hour and selves, col. Proctor's loss was great, it consisted of a half.

182 killed and wounded, of whom 26 were killed, 2 This brilliant achievment has not been effected officers were mortally wounded, 3 or 4 others slight- without a very serious loss on our part. Our killed ly. Col. Proctor's force consisted of 300 regulars, amounts to 24 and wounded 158, two thirds of the 150 militia and some Indians. latter of the 41st regiment-no officer among the We also hear that gen. Harrison with his division former killed; but several are severely and I fear of the army, were within 5 or 6 days days march of dangerously wounded.-Lieut. col. St. George, who gen. Winchester, in a starving condition surrounded led the attack, received tour wounds, captain Talby Indians. lan, and lieutenant Clemon, 41st; lieut. Trough

Niagara, January 30, 1813. ton, R. A.-ensigns Kerr and Newfleds, lieutenants SIR-Major Evans is just dispatched by the com-Rolette and Irvine; Mr. Richardson marine departmanding officer, with the glorious intelligence of the ment, captain Mills, lieutenant M'Cormick, and entire destruction of another army.-Gen. Winches- lieutenant James Gordon, Essex militia, wounded. ter with the remnant of his army amounting to up- All did their duty, the Indians behaved nobly, and wards of 500 men, are prisoners of war to the brave the instant the enemy submitted, their forbearance, 41st regiment and Upper Canada militia. In this as on former occasions, was strikingly conspicuous business the bravery of every person engaged was-general Winchester is prisoner. most conspicuous, and great credit is due to the judgment and prompt decision of col. Proctor.

BUFFALOE, Feb. 9. From deserters who have crossed from Canada Our loss is great, about 27 killed and 155 wound-since our last, we learn that the battle was fought ed, including regulars and militia. Among the lat-between a detachment of Winchester's army and ter are col. St. George, capt. Tallon, and lieut. Cle-1300 British regulars and 8 or 900 hundred Indians. mon, of the 41st, capt. Mills, late of the schooner The British state that it was a desperate fought Nancy, and Mr. Gordon, of Amherstburg. The vic-action: they acknowledged that they had 150 killed, tory, however, is most complete, the number of the and many wounded of the regulars, amongst the enemy killed being upwards of 500, and the prison-latter are col. Procter, and lieut. col. St. Georgeers are equal to the force we had engaged. The who received four wounds and is since said to have

died. They state further, that we lost 250 killed, killed and 25 wounded as per enclosed list. The and a considerable number wounded, and about 300 enemy had 60 killed and 101 wounded certainly prisoners. They do not state whether gen. Win-(among the latter captain Lambert mortally,) but by chester was captured or not. the enclosed letter written on board this ship (by one of the officers of the Java) and accidently found, it is evident that the enemy's wounded must have been much greater than as above stated, and who must have died of their wounds previously to their being removed. The letter states sixty killed and 170

gen.

POSTSCIPT.---February 10.
A gentleman just from Lewiston states, that
Winchester and 4 or 500 of his army, had arrived
at Newark, as prisoners of war.

Extract of a letter to the editor of the Weekly Regis-wounded.

ter, dated Fort Stoddert, Feb. 3, 1813. "The legislature of the Mississippi Territory, refer you to the enclosed extracts from my journal. For further details of the action, I beg leave to have appointed commissioners to select a place with-The Java had in addition to her own crew upwards in the country of Mobile for the holding of courts, of 100 supernumerary officers and seamen to join and it is said, they very happily have designated the the British ships of war in the East Indies; also city of Mobile as the most eligible situation. In April lieutenant-general Hislop, appointed to the comnext, the superior court commences its first session mand of Bombay, major Walker and captain Wood there, nearly under the walls of the Spanish fort, and of his staff, and captain Marshall, master and con there is no doubt but what the Dons will forcibly re- mander in the British navy going to the East Indies ist the exercise of our authority.-We cannot of to take command of a sloop of war there. course, avoid giving the retort courteous, and must oust them of their strong holds, to preserve the peace to the brave and good conduct of all my officers and Should I attempt to do justice by representation Judge Toulmin, who presides, is peculiarly calculat-crew during the action, I should fail in the attempt ed to meet the difficulties which are the conse-therefore suffice it to say, that the whole of their quence of our embarrassing situation, and will act conduct was such as to merit my highest encomiums. with becoming energy, should he be opposed in the I beg leave to recommend the officers particularly execution of his duty. "When I passed Mobile on the 21st ultimo, I had seamen who were wounded, and the families of those to the notice of government, as also the unfortunate occasion to purchase a small quantity of bread, brave men who fell in the action. which could only be got out of the town, by secretng it under the garments of one of my men-the perfect wreck we made the enemy's frigate, forbad The great distance from our own coast and the sale being prohibited because of its scarcity; the same want of flour prevails at Pensacola, said to be States; I had therefore no alternative but burning every idea of attempting to take her to the United occasioned by a vacuum in Ferdinand the VII's strong her, which I did on the 31st ultimo after receiving chest, and a consequent loss of credit--but, I pre-all the prisoners and their baggage, which was very sume, by the high prices in the Orleans market, tedious work, only having one boat left out of 8 and where flour was selling by the cargo, at 20 to 21 not one left on board the Java per barrel.

"We have from 5 to 600 volunteers enrolled at this place, where I have landed all the prisoners on On blowing up the frigate Java, I proceeded to New-Orleans, and in ten or twelve days shall have their parole, to return to England and there remain upwards of 300 performing duty at this post. At until regularly exchanged, and not to serve in their Baton Rouge, there are betwixt 6 and 700 militia professional capacities in any place or in any manner embodied, of the Mississippi Territory, and I pre-whatever against the United States of America, unsume at least 600 volunteers are now raised in the til said exchange is effected. Counties west of Pearl River-all for the defence of Louisiana-Yet, Claiborne has not the power to call out a single militia man, and perhaps the legislature may not invest him with it.

"General Wilkinson is concentrating his force at Orleans, by order of government, to repel an invasion which it is presumed is meditated against that island.

"Colonel Hawkins, the U. S. agent for the Creeks,| informs us by the last mail but one, that a deputation of those Indians had lately been to visit their

friends at Nassau (New Providence) and that the nation generally were solicitous for the arrival of the British at St. Marks and St. Augustine, to obtain presents; but, he believes, they would not engage in the war."

NAVAL

Copy of a letter from commodore William Bainbridge,
to the secretary of the navy, dated

U. S. FRIGATE CONSTITUTION,
St. Salvador, Sd Jan. 1813.

spect, your obedient humble servant,
I have the honor to be, sir, with the greatest re-

WILLIAM BAINBRIDGE.
Honorable Secretary of the Navy,

City of Washington.

List of killed and wounded on board of the United
States Frigate Constitution, under the command of
commodore Wm. Bainbridge, in an action with his
Britannic majesty's frigate Java, Henry Lambert,
Esq. commander, December 29, 1812.

KILLED.

Jonas Ongrain, seaman.
Joseph Adams, do.
Patrick Conner, do
Barney Hart,

folm Cheves,
(Signed)

Wm. Bainbridge.

do.

do.

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ROBT. C. LUDLOW, Purser.

WOUNDED.

William Bainbridge, Esq. commander, severely;

STR-I have the honor to inform you that on the John C. Aylwin, lieutenant, do. Charles F. Waldo, 29th ultimo, at 2, P. M. in South lat. 15, 6, and master's mate, do. Peter Woodbury, quarter-master, West long. 38, about 10 leagues distance from the do. John Clements, seaman, do. Joseph P. Cheves, coast of Brazils, I fell in with and captured his Bri-do. do. Nicholas Vixiram, do. slightly; William tannic majesty's frigate Java of 49 guns, and up-Long, do. dangerously; Stephen Webb, do. do. wards of 400 men, commanded by captain Lambert, Reuben Sanders, do. do. Joseph Ward, do, severely; a very distinguished officer. The action lasted Wm. Weaden, do. slightly, Enos Bateman, do. danour 55 minutes, in which time the enemy was com-gerously; James D. Hammond, do, slightly, Peter pletely dismasted, not having a spar of any kind Venus, do. severely; Stephen Sheppard,do slightly standing. The loss on board the Constitution was 9 Abijah Eddy, do. do. Philip Cook, do. do. Phipp

Brimblecom, do. severely; Samuel Brown, ordinary wounded; but by a letter written on board the Constitution by

seaman, do. Daniel Hogan, do. do. Thos. Williams
Sd, do. slighty; John Vogle, do. severely; Anthony
Reaver, private marine, slightly; John Ellwell, dø. do.
(Signed)
AMOS A. EVANS, Surgeon.
R. C. LUDDOW, Purser.

I'm. Bainbridge.

one of the officers of the Java, and accidentally found, it is evi dent the enemy's wounded must have been considerably greater than as above stated, and must have died of their wounds previously to their being removed. The letter states 60 killed and 170 wounded. The Java had her own complement of men complete, and upwards of 100 supernumeraries, going to join the British ships of war in the East Indies, also several officers, passengers, going out on promotion. The force of the enemy in number of men, at the cominencement of the action, was no doubt considerably greater than we have been able to ascertain, which is upwards of 400 The officers were extremely cautious in discovering the

The following is a list of his Britannic majesty's military and naval officers parolled at St. Salvador,mber. By her quarter bill she had one man more stationed to by commodote Bainbridge

each gun than we had..

1 lieutenant-general, 1 major, 1 captain, 1 post The Constitution was very much cut in her sails and rigging, captain, 1 master and commander, 5 lieutenants, and many of her spars injured. At 7 P. M. the boat returned with lieutenant Chads, the first lieutenant of the enemy's frigate lieutenants of marines, 1 surgeon, 2 assistant sur-land lieutenant general Hislop (appointed governor of Bombay) geons, 1 purser, 15 midshipmen, 1 gunner, 1 boat-major Walker and captain Wood belonging to his staff, Captain Lambert of the Java was too dangerously wounded to Swain, 1 master, 1 carpenter, 2 captain's clerkshe removed immediately. The cutter returned on board the prize total 38 officers. for the prisoners, and brought captain Marshall master and com323 petty officers, seamen, marines and boys, ex-mander of the British navy, who was passenger on board, as also several other naval officers destined for ships in the East Indies. clusive of 9 Portuguese seamen, liberated and given The Java was an important ship, fitted out in the completest up to the governor of St. Salvador, and 8 passengers,manner, to carry lieutenant-gen. Hislop and his staff to Bombay, and several naval officers for different ships in the East Indies; private characters, whom the commodore did not consider prisoners of war, and permitted them to land without any restraint.

and had despatches for St. Helena, Cape of Good Hope, and every
She had on
British establishment in the India and China seas.
board copper for a 74 and two brigs building at Bombay, and 1 ex.
pect a great many other valuables; but every thing was blown up
in her, except the officers' baggage, when we set her on fire at
3 P. M. on the 1st of January, 1813, (nautical time.)
The following is a copy of the letter above alluded to, from an officer.
of the Java.

"Prisoner on board the American frigate Constitution, St. Salvador,
Brazils, January 1, 1813.

Extracts from commodore I'm. Bainbridge's Journal, kept on board the U. States frigate Constitution. Tuesday, 29th Dec. 1812-At 9 A. M. discovered two strange sails on the weather bow. At 10, discovered the strange sails to be ships, one of then stood in for the land, and the other stood off shore in a direction towards us-At 10 45, we tacked ship to the "My dear sir-I am sorry to inform you of the unpleasant news northward and westward, and stood for the sail standing towards of Mr. Gascoine's death. Mr. Gascoine and my self were shipmates as-At 11 A. M. tacked to the southward and eastward, hauled up in the Marlborough, and first came to sea together. He was shot the mainsail and took in the royals-At 11 30, made the private early in the action by a round shot in his right thigh, and died in a Four others of his messinates shared signal for the day, which was not answered, and then set the few minutes afterwards. mainsail and royals to draw the strange sail off from the neutral coast, and separate her from the sail in company, Wednesday, 30th Dec. 1812-(Nautical time)-In lat. 13 deg. 6 in. S. and long. 38 W. 10 leagues from the coast of Brazil-Commences with clear weather and moderate breezes from E. N. E. hoisted our ensign and pendant-At 15 minutes past meridian, the ship hoisted her colors, an English ensign, having a signal flying at her main-red, yellow, red.

At 1 26 P. M. being sufficiently from the land, and finding the ship to be an English frigate, took in the mainsail and royals, tacked ship and stood for the enemy-At 1 50 P. M. the enemy hore down with an intention of raking us, which we avoided by wearing-At 2 P. M. the enemy being within half a mile of us, and to windward, and having hauled down his colors, except an Union Jack at themizen-mast-head, induced me to give orders to the officer of the 3d division to fire one gun ahead of the enemy to make him shew his colors, which being done, brought on a fire from us of the whole broadside, on which the enemy hoisted his colors and ¡inmediately returned our fire. A general action with round and grape then commenced, the enemy keeping at a much greater distance than I wished, but could not bring him to close action without exposing ourselves to several rakes. Considerable ma noeuvres were made by both vessels to rake and avoid being raked. The following minutes were taken during the action:

At 2 10 P. M. Commenced the action within good grape and can nister distance, the enemy to windward (but much further than I wished.)

At 2 30 our wheel was shot entirely away,

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2 40 determined to close with the enemy, notwithstanding his raking-set the fore and mainsail, and Inff'd up to him. 250 the enemy's jib-boom got foul of our mizen-rigging.

3 00 the head of the enemy's bowsprit and jib-boom shot away

by us.

3 05 shot away the enemy's foremast by the board.

3 15 shot away his main-top-mast just above the cap.

3 40 shot away gaff and spanker-boom.

3 55 shot away his mizen-mast nearly by the board.
405 having silenced the fire of the enemy completely, and his
colors in the main rigging being down, supposed he had
struck, then hauled aboard the courses to shoot ahead to
repair our rigging, which was extremely cut, leaving the
enemy a complete wreek; soon after, discovered the ene--
my's flag was still flying-hove too to repair some of our
damage.

the same fate, together with 60 men killed and 170 wounded. The official account you will no doubt have read before this reaches you. I beg you will let all his friends and relations know of his untimely fate.

"We were on board the Java for a passage to India when we fell
in with this frigate.-Two parcels I have sent you under good care.
and hope this will reach you safely."
Yours truly,

Licut. Peter F. Wood, 22d regiment foot,
Isle of France or Bourbon, East Indies.

H. D. CORNECK.

U. S. frigate Constitution, at sea, 25th January, 1813. In lat. 7, 20, N. long. 44. SIR-By this conveyance, (a valuable pride to the Hornet) i have the honor to send you a copy of my despatch from St. Salva dor, containing the information of the capture and destruction of H. B. M. frigate Java, by the frigate Constitution, under my com

mand.

ent servant,

The damage the Constitution received in the action, but more especially the decayed state she is in, made it necessary for me to return to the United States for repairs; otherwise I should have continued to prosecute my original plans for the operation of the squadron under my command, and should thereby, beyond doubt, have considerably distressed the enemy's commerce. Expecting to arrive very soon after your receiving this letter, induces me to postpone giving you further particulars until my arrival, when I shall have the honor of giving you details in full. I have the honor to be, sir, with the greatest respect, your obedi WM. BAINBRIDGE Hon. Secretary of the Navy, city of Washington. Extract of a letter from commodore Bainbridge, to his friend, dated at sea, Jan. 24, 1813., "The Java was exceedingly well fought and brave ly defended. Poor Lambert, whose death I sincerely regret, was a distinguished gallant officer and worthy man. He has left a widow and two helpless children! But his country makes provision for such

sad events.

"We are now homeward bound. The damage the Constitution received in the action, and the decayed state she is in, makes it necessary for me to return to the United States for repairs: this I much regret 525, got very close to the enemy in a very effectual raking po--my crew participate in this sentiment; they are, sition, athwart his bows, and was at the very instant of raking him, however, consoling themselves with the hope of rewhen he most prudently struck his flag, for had he suffered the

4 20 the enemy's main-mast went nearly by the board. 4 50 wore ship and stood for the enemy.

broadside to have raked him, his additional loss must have been ceiving their prize-money for the Guerriere on their extremely great, as he laid an unmanagable wreck upon the water. return. You would be highly amused to hear these After the enemy had struck, wore ship and reefed the topsails.

then hoisted out one of the only two remaining boats we had left rough, though noble, sons of Neptune planning how out of eight, and sent lieutenant Parkei, 1st of the Constitution, they shall spend their prize-money. One says he will to take possession of the enemy, which proved to be his Britan buy himself a snug little ship on the highest hill he nic majesty's frigate Java, rated 38 but carrying:49 guns, and

manned with upwards of 400 men, commanded by captain Lam can find, that he may thence, in his old age, view all bert a very distinguished officer, who was mortally wounded.- our sea-fights-another, that now he will marry his The action continued from the commencement to the end of the Poll-another, that he will send his little Jack to fire, one hour and fifty-five minutes. The Constitution had 9 killed and 25 wounded. The enemy had 60 Milled and 101 certainly school, &c.

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