During all this solemn farce, poor Shortland looked like a culprit under sentence of death. Some of the rogues had written, with chalk, on the walls, BE YOU ALSO READY!—This commander's situation could not be an enviable one. He was, probably, as courageous a man as the ordinary run of British officers; but it was plainly discoverable that he was, half his time, in dread, and during the scene just described, in terror, which was perceivable amidst his affected smiles, and assumed gaiety. He told a gentleman, belonging to this depot, that he never saw, nor ever read, or heard of such a set of Devil-daring, God-provoking fellows, as these same Yankees. And he added, I had rather have the charge of five thousand Frenchmen, than FIVE HUNDRED of these sons of liberty; and yet, said he, I love the dogs better than I do the damn'd frog-eaters.

On the 30th of March we received the heart-cheering news of the total defeat of the British army before NEW-ORLEANS, with the death of its commander in chief, Sir Edward Pakenham, and Generals Gibs and Kean, with a great number of other officers, and about five thousand rank and file killed and wounded; and what appeared to be absolutely incredible, this unexampled slaughter of the enemy was achieved with the loss of less than twenty killed and wounded on our side. Instead of shouting and rejoicing, as in ordinary victories, we seemed mute with astonishment. Yes! when we saw the Englishmen walking with folded arms, looking down on the ground, we had not the heart to exult, especially as the war was now ended. I speak for myself—there was no event that tended so much to reconciliation and forgiveness as this immense slaughter of the English. We felt that this victory was too bloody not to stifle loud exultation.

We had heard of Generals Dearborn, Brown, Scott, Ripley, Gaines and Miller, but no one knew who General Andrew Jackson was; but we said that it was a New-England name, and we had no doubt but he was a full blooded yankee, there being many of that name in New-Hampshire, Massachusetts, Vermont, Rhode Island and Connecticut.—But I have since heard that he was a village lawyer in Tennessee, and a native of South Carolina.

The more particulars we hear of this extraordinary victory, the more we were astonished. We cannot be too grateful to Heaven for allowing us, a people of yesterday, to wind up the war with the great and terrible nation, the mistress of the ocean, in a manner and style that will inspire respect from the present and future race of men. Nothing now is thought of or talked of, but New-Orleans and Jackson, and Jackson and New-Orleans. We already perceive that we are treated with more respect, and our country spoken of in honorable terms. The language now is "we are all one and the same people. You have all English blood in your veins, and it is no wonder that you fight bravely!" Sometimes they have uttered the slang of "The Times," and cast reflections on the government, and on President Madison, but we have always resented it, nor do we ever allow any one to speak disrespectfully of our illustrious chief magistrate.

About the middle of the present month, (March) we received the news of the landing of Napoleon in France, while every one here supposed him snug at Elba. The news came to England, and passed through it like thunder and lightning, carrying with it astonishment and dismay. But as much as they dread, and of course hate Bonaparte, the British cannot but admire his fortune and his glory. There are a number of Frenchmen yet here; and it is impossible for man to shew more joy at this news from France. They collected together and shouted Vive l'Empereur! and the yankees joined them, with huzza for Bonaparte; and this we kept up incessantly, to plague the British. The English bear any thing from us with more patience, than our expressions of affection for the Emperor Napoleon. Now the fact is, we care no more for the French, than they do for us; and there is but little love between us; yet we pretend great respect and affection for that nation, and their chief, principally to torment overbearing surly John Bull, who thinks that we ought to love nobody but him, while he himself never does any thing to inspire that love.

About the 20th of this month, we received the heart cheering tidings of the RATIFICATION OF THE TREATY OF PEACE, by the PRESIDENT OF THE UNITED STATES. This long expected event threw us all into such a rapturous roar of joy, that we made old Dartmoor shake under us, with our shouts; and to testify our satisfaction we illuminated this depot of misery. Even Shortland affected joy, and was seen more than once, like Milton's Devil, to "grin horribly a ghastly smile."

As there can be now no longer a doubt of our being soon set at liberty, our attention is directed to the agent for prisoners for fixing the time, and arranging the means. Mr. Beasley had written that as soon as the Treaty was ratified, he would make every exertion for our speedy departure. He must be aware of our extreme impatience to leave this dreary spot, whose brown and grassless surface renders it a place more proper for convicts, than an assemblage of patriots.

We are all watching the countenance and conduct of our surly keeper, Shortland: and it is the general opinion that he is deeply chagrined at the idea of no longer domineering over us. It may be, also, that the peace may reduce him to half pay. I, myself, am of opinion, that he is dissatisfied at the idea of our escaping his fangs, with whole skins; and his dark and sullen countenance gathers every day additional blackness.

April 4th.—The contractor's clerk being desirous to get off his hands the hard biscuit, which had been held in reserve in case of bad weather, attempted to serve it out to the prisoners at this time; but the committee refused to receive it. Nothing but hard bread was served out to them this day. In the evening, several hundred of the prisoners entered the market square, and demanded their soft bread; but it was refused. The officers persuaded them to retire, but they would not, before they received their usual soft bread. The military officers, finding that it was in vain to appease them, as they had but about three hundred militia to guard five or six thousand, complied with their request, and all was quietness and contentment.

During this little commotion, Captain Shortland was gone from home. He returned next day, when he expressed his dissatisfaction at the conduct of the military, who he said, should not have complied with the demand of the prisoners. As it was, however, past, and the prisoners were tranquil, and no signs of disturbance remaining, he grew pacified.

On the 4th of April, we received intelligence, which we supposed correct, that seven cartel ships were to sail from the Thames for Plymouth, to transport us home, and that several more were in preparation. This inspired us with high spirits, and good humor; and I distinctly remember that the prisoners appeared to enjoy their amusements, such as playing ball and the like, beyond what I had ever before observed. We all, in fact, felt light hearted, from the expectation of soon leaving this dreary abode, to return to our dear homes, and adored country. But how was the scene changed before the light of another day! Dead and wounded men, blood and horror, made up the scenery of this fatal evening!

The best account that could possibly be given, is that of a respectable committee, selected from among the best characters in this large assemblage of American prisoners. The greater part of this committee, were men of no mean talents. They were not young men, but had arrived at that period of life, when judgment is the soundest, and when passion does not betray reason. The anxiety of all to know the truth, and the solemn manner in which the evidence was collected and given, stamped the transaction with the characters of truth. I did not see the beginning of this affray. I was, with most of the other prisoners, eating my evening's meal in the building, when I heard the alarm bell, and soon after a volley of musketry. There were, I believe, before the alarm bell rung, a few hundred prisoners, scattered here and there about the yards, as usual; but I had no idea of any particular collection of them, nor had I any suspicion of any commotion existing, or meditated. But I forbear; and will here insert the report of the committee, in the correctness of which I place an entire confidence.

DARTMOOR MASSACRE.

Having seen in print several different statements of the massacre of the American prisoners of war at Dartmoor, and, on perusal, finding, that, though they corroborate each other, as to the leading facts, yet it seems the public are not in possession of all the particulars necessary to form a proper judgement of the same.

While in prison, we having been members of the committee through whom was transacted all their public business, and through whose hands passed all their correspondence with their agent in London, and having in our possession several documents relating to the before mentioned brutal butchery, we deem it a duty we owe to our murdered countrymen and fellow-citizens in general to have them published.

Respecting the conduct of T. G. SHORTLAND, (commander-of the depot of Dartmoor) prior to the bloody and ever memorable sixth of April, it was a series of continued insult, injury and vexation to the prisoners generally. Incapable of appreciating the beneficial effects of the liberal policy of a gentleman, his sole study appeared to be devising means to render the situation of the prisoners as disagreeable as possible. To instance a few of his proceedings will sufficiently warrant the foregoing assertion. His conduct to the American officers was marked with peculiar baseness and indignity. In the construction of the depot at Dartmoor, there was a separate prison, built and enclosed for the more commodious accommodation of those officers (prisoners of war) who were not considered by them entitled to a parole. Instead of Shortland allowing those officers to occupy that prison, they were turned into the other prisons promiscuously, with their men. His conduct to the prisoners generally was of the same stamp. There not being, at any time, a sufficient number to occupy all the prisons, he kept the two best, which were built by the Frenchmen during their confinement, and more conveniently fitted for the accommodation of prisoners, shut and unoccupied, while the upper stories of those prisons in which the Americans were put, were in such a state that on every rain storm the floors were nearly inundated. The pernicious effect this had on the health of the prisoners may be easily judged of by the great mortality that prevailed among them during the last winter season.

Another instance of his murderous disposition, was his ordering his guards to fire into the prisons, when, at any time, a light was seen burning during the night, as specified in the general report. While the Frenchmen were confined in that depot, it was a custom for the turnkey, with a sentry, to go into each prison, and see the lights extinguished at a stated hour; although frequently lighted again there was no further molestation. Instead of pursuing this plan with the Americans, Shortland gave orders for the guards to fire into the prisons whenever there should be a light burning. Frequently, on the most trivial occasions, he would prevent the prisoners, for ten days at a time, from purchasing, in the market, of the country people, such articles of comfort and convenience as their scanty means would admit of. His last act of this kind, was but a short time previous to the massacre, and his alledged reason for it was, that the prisoners would not deliver up to him a man who had made his escape from the black hole, (a place of confinement for criminals) and had taken refuge among the prisoners in general. This man was one of a prize-crew, who was confined in that dark and loathsome cell, on a short allowance of provisions, from June, 1814, until the ratification of the treaty. On that man being demanded, the prisoners stated to Shortland, that they did not presume that the British government would expect them to stand sentry over each other—that he might send his turnkeys and soldiers in and look for the man, but they would not seek him and deliver him up—upon which he ordered the military to fire upon the prisoners, but owing to the coolness and deliberation of the then commanding military officer, in restraining them, this order was not obeyed.

To sum up the whole in a few words, his conduct, throughout, was marked by the same illiberal prejudice, overbearing insult, and savage barbarity, which characterizes the majority of English officers when they have Americans in their power.

The enclosed papers, from No. 1 to 16 inclusive, are the depositions taken by the committee of investigation on the 7th. Colonel AYRE arrived from Plymouth and took command of this depot. Shortland sent in a message to the committee, requesting their attendance at his office, to which was returned for answer, that considering him a murderer, they were determined to have no communication with him—but added, if the commanding officer from Plymouth had any thing to communicate, they would wait on him; and, at his request, they went up to the gate, where they stated to him all the particulars of the affair.

He expressed great regret for what had occurred, and assured the prisoners that no further violence should be used upon them. In the mean time Shortland made his appearance. Instantly the indignant cry of murderer, scoundrel, villain, burst from the lips of hundreds. The guilty wretch stood appalled, not daring to offer a syllable in vindication of his conduct; but with a pallid visage and trembling step, returned to his guard-house, from whence he was never seen to emerge while we remained there. In the course of the day, a rear-admiral and post captain arrived from Plymouth, sent by Sir J. T. Duckworth, commander in chief on that station, to enquire into the transaction; to whom we likewise fully stated, by the committee, all the particulars, together with Shortland's previous infamous conduct. Their scandalous misrepresentation of the same to the admiralty board, as will be seen in their statement No. 20, is truly characteristic of the British official accounts. We likewise wrote to Mr. Beasly on that day, giving him a short history of the affair, but as he did not acknowledge the receipt of the letter, we concluded it had been intercepted. On the 14th we received a letter from him dated the 12th, of which No. 18 is a copy—in answer to which No. 19 is a copy. On the 16th we received another from him, of which No. 20 is a copy; in the interim he had seen a copy of our report, sent by a private conveyance, which seemed to have greatly altered his opinion concerning the affair. In his letter of the 14th was an extract from the statement or report sent him by the admiralty board. On receiving which we wrote to admiral Duckworth, of which No. 21 is a copy.

On the 22d of April, Mr. King, appointed by the American agents at London, and a Mr. Larpent on the part of the government, with a magistrate of the county of Devon, arrived at the depot to investigate the affair; they were employed the greater part of three days in taking the deposition, respecting the same; and though we would not hastily prejudge Mr. King's report, we deem it necessary to state, that our anticipations of it are not of the most favourable nature, from his not appearing to take that interest in the affair which the injuries his countrymen had received demanded, as far the greater part of their time was employed in taking the depositions of Shortland's witnesses, most of whom were the principal actors, on that day, and of course were implicated with him in his guilt. On learning Mr. King was about leaving the depot, we addressed a note to him, stating, that we had a number of witnesses waiting, whose depositions we conceived would be of importance, and requested him to have them taken; we received to this note no answer, and he immediately left the depot. The particular points on which those depositions would have born, related to the picking the hole in the wall and breaking the locks of the gate leading into the market-square—they would have exonerated the prisoners generally from having any share in those acts, or even a knowledge of their having been committed. As these were the two principal points on which Shortland rested his plea of justification, we deemed it highly necessary that they should have been placed in a proper point of view. As for an idea of the prisoners attempting to break out, a moment's reflection would convince any impartial man of its improbability. Every prisoner that had a sufficiency of money to defray his expenses, could obtain his release and a passport, by applying to Mr. Beasly, or through their correspondence in England; those who had not funds would not have left the depot had the gates been thrown open, having no means of subsistence in a foreign country, and there being a very hot press of seamen at that time, they knew their risk of being kidnapped was great, and when, by staying a few days longer, they were assured they would be embarked for their native country. The infamous falsehoods circulated in the English prints, of the prisoners having armed themselves with knives, clubs, stones, &c. seized a part of the guard and disarmed them, and other similar reports, are unworthy of notice; for when the disturbance occurred on the fourth of April, concerning bread, the prisoners having burst open the inner gates, had they the least disposition, they might have immolated the whole garrison, as they were completely surprised and panic struck.

The artful policy of the British officers in coupling the transactions of the 6th of April with that of burning Mr. Beasly's effigy, may easily be seen through; the latter was done a fortnight previous, by a few individuals, without its being generally known, or the least disturbance concerning it; and we deem it but justice to state, that whatever negligence Mr. Beasly may have been guilty of, respecting the affairs of the prisoners, he should be totally exonerated from all blame respecting the massacre.

There was an instance that occurred on the evening of the 6th, which reflects so much credit on the Americans, it should not be passed over in silence. When the brutal soldiery were following the prisoners in the yards, stabbing and firing among them, a lamp lighter, who had come in a few moments previous, ran into No. 3 prison, to escape being murdered by his own countrymen; on being recognized, a rope was fixed for hanging him immediately. In this moment of irritation, when their slaughtered and bleeding countrymen lay groaning around them in the agonies of dissolution, such an act of vengeance, at that time would not have been singular—but on its being represented to them, by some influential characters, that such a deed would stain the American name, to their honour be it recorded, that humanity triumphed over vengeance, the trembling wretch was released, and told to go—"We disdain to copy after your countrymen, and murder you at this advantage, we will seek a more noble revenge."

We deem it necessary here to remark, as some editors have manifested a disposition to vindicate Shortland's conduct, that, allowing every circumstance to be placed in the most unfavourable point of view for the prisoners, suppose, for a moment, it was their intention to break out, and a number had collected in the market square for that purpose, when, being charged upon by the military, they retreated out of the square into their respective prison-yards, and shut the gates after them without making any resistance whatever; under such circumstances no further opposition could have been expected, and, consequently, their intention must have been completely defeated. What justification can there then be made to appear for the subsequent brutal, unprecedented butchery and mutilation? NONE! The most shameless and barefaced advocates and apologizers for British injustice cannot produce any.

WALTER COLTON, } Members of THOS. B. MOTT, } the WM. HOBART, } Committee.

DEPOSITION No. I.

I, Addison Holmes, being solemnly sworn on the holy evangelists of Almighty God, depose and say—

That on the 6th of April, about 6 o'clock in the evening, I was in the market-square, where the soldiers were drawn up. There was a number of Americans in the square—to the best of my judgment, between fifty and a hundred. I distinctly heard Captain Shortland order the soldiers to charge on the prisoners, which they did not do till the order was repeated by their own officers, when they charged, and the prisoners retreated through the gates, which they shut to after them. In this interim I had got behind a sentry box, in the square, and the soldiers went past me. I saw Captain Shortland open the gates, and distinctly heard him give the word to fire, which was not immediately obeyed, the commanding officer of the soldiers observing, that he would not order the men to fire, but that he (Shortland) might do as he pleased. I then saw Captain Shortland seize hold of a musket, in the hands of a soldier, which was immediately fired—but I am not able to say whether he or the soldier pulled the trigger. At this time I was endeavouring to get through the gate to the prison-yard—in so doing several stabs were made at me with bayonets, which I evaded. Immediately after the firing became general, and I retreated, with the remainder of the prisoners, down the yard, the soldiers following and firing on the prisoners; after I had got into No. 3 prison, I heard two vollies fired into the prison, that killed one man and wounded another—and further the deponent saith not.

ADDISON HOLMES.

We, the undersigned, being duly appointed and sworn as a committee to take the depositions of those persons who were eye witnesses of the late horrid massacre, certify that the above deponents, being duly and solemnly sworn on the holy evangelists of Almighty God, did depose and say as before written, which was severally read to each one who subscribed the same.

William B. Orne, Francis Joseph, Walter Colton, Wm. Hobart, James Adams, James Boggs.

[A certificate similar to the foregoing, is attached to each of the depositions. The originals are now in our hands.]

No. II.

We, the undersigned, being each severally sworn on the holy evangelists of Almighty God, depose and say—

That on the 6th of April, about six o'clock in the evening, as we were walking in the yard of No. 1 and No. 3 prisons, just before the usual time of turning in, we heard the alarm bell ring. At this time most of the prisoners were in the prisons; a number with us ran up the market square, out of curiosity, to see what was the matter; there were about one hundred collected in the square, and a number were standing by the gates inside the prison yard; the soldiers were drawn up in the upper part of the square; orders were given them to charge, on which the prisoners retreated out of the square, and some of the last which came through the gates, shut them to; the soldiers then commenced firing on them through the iron pailings, and fired several vollies in succession. The prisoners were, at this time endeavouring to get into their respective prisons, when the soldiers perceived that they were all dispersed from the gates, they followed them into the yard, and continued firing on them; and after all the prisoners had got into the prisons, a party of soldiers pursuing them, came up to the door of No. 3 prison, and fired two vollies into the prison, which killed one man and mortally wounded another.

We further solemnly declare, that there was no pre-concerted plan or intention among the prisoners to make an attempt to break out, or to resist, in any manner, the authority of the government of the depot.

John T. Foster, Elisha Whitten, Isaac L. Burr, Charles Perry, James Grennlaw, Wm. B. Orne, Geo. Stinchecomb, William Perry, Richard Downing.

Done at Dartmoor Prison, this 7th day of April 1815.

No. III.

I, Andrew Davis, jun. being solemnly sworn upon the holy evangelists of Almighty God, depose and say—

That on the 6th of April, about six o'clock in the evening, while walking in the yard of No. 3 prison, I heard the alarm bell ring, and I went up towards the gate: I saw several men bearing a wounded man towards the gate, whom it appeared had been wounded by the soldiers' bayonets; when the prisoners were retreating out of the square, I heard Captain Shortland order a part of them to let go the wounded man, which some of them did; one of the remaining remonstrated to Captain Shortland, saying that the man was so badly wounded that it required several to support him; on which Captain Shortland struck him several blows with his fists, and he appeared to me, from the whole of his conduct, to be much intoxicated with liquor—and further the deponent saith not.

ANDREW DAVIS, JUN.

No. IV.

We, the undersigned, depose and say—

That on the 6th of April, in the evening, we were in the yard of No. 1 and No. 3 prisons, when we heard the firing at the gates, and saw the prisoners all endeavoring to get into their respective prisons. In going down towards the lower door of the prisons, we saw a party of soldiers, who were posted on the walls, commence firing on the prisoners, and we saw a man fall, who immediately died, and several others were badly wounded before they were able to get into the prisons.

Amos Cheeney, Washington Fox, John Smith, Harris Keeney, James Coffen, Thomas Williams, Henry Casey.

No. V.

Homer Hull, after being duly sworn on the holy evangelists of Almighty God, deposeth and saith—

On the 6th of April, about six o'clock in the evening, I was walking in the yard of No. 7 prison; all being as tranquil among the prisoners as usual; I observed an unusual number of soldiers mounting the walls; and one of them called to one of the prisoners, and told him he (the prisoner) had better go into the prison, as the prisoners would soon be charged upon. While he was asking the cause of such a proceeding, I heard the alarm bell ringing. I immediately run to the gates leading to the square, when I saw Captain Shortland at the head of the armed soldiery marching down to the gratings, the prisoners at the same time running to see what was the matter; on the soldiers coming to the gratings, Capt. Shortland ordered them to charge, which they did; the prisoners immediately run to their respective prisons; on passing through the inner gate they closed it after them. Then I heard Captain Shortland order the soldiers to FIRE, which they commenced to do in every direction of the yard, when the prisoners were making every effort to reach their prisons. I did not see any violence used on the part of the prisoners, nor do I believe any violence was intended or premeditated.

HOMER HULL.

I, Joseph C. Morgan, having been duly sworn, and having read the foregoing deposition, do declare the statement therein mentioned, to be true.

J. C. MORGAN.

No. VI.

We, the undersigned, depose and say—

That, on the 6th of April, about 6 o'clock in the evening, we were in the market square—we distinctly heard Captain Shortland give orders to the soldiers to charge on the prisoners—and after we retreated through the gates, we heard him give orders to the soldiers to FIRE, which, on his repeating several times, was executed.

Joseph Reeves, James Greenlaw, Isaac L. Burr, Thomas Tindal.

No. VII.

We, the undersigned, depose and say—

That on the 6th of April, in the evening, after all the prisoners in No. 1 and 3 yards had got into their respective prisons, a party of soldiers came up to the door of No. 3 prison—we were standing near the door at the time, and saw them fire TWO VOLLIES into the prison, which killed one man and wounded another.

William Scanck, James Greenlaw, John Latham, John Glass.

No. VIII.

Enoch Burnham, having been duly sworn, deposeth—

That he was standing at the market gate at the time Capt. Shortland came into the market square with a large party of soldiers (it being then about 6 o'clock.) They immediately formed a line in the square—at that time a number of prisoners got into the square from the yard of No. 1 prison, and had advanced a few steps; the soldiers then charged, and the prisoners immediately retreated to their prisons, without the least resistance. After the prisoners had retired to the yards of the prison, the soldiery formed a line, and commenced firing in the yards, the prison gates being closed by the prisoners; shortly after they kept up a heavy fire, and I saw one man fall. I immediately hastened to No. 5 prison, but on reaching No. 7, I found there was a party of soldiers on the wall, firing from every direction. I then got safe in No. 7, where, after remaining at the north end window for a few moments, I saw a man (a prisoner) leaning against the wall, apparently wounded, with his hands in a supplicating posture—at the same time, I saw several soldiers present and fire at the prisoner, and he fell dead on the spot.

ENOCH BURNHAM.

No. IX.

Edward Coffin, being duly sworn, deposed, that on the sixth of April, about six o'clock in the afternoon, a few prisoners belonging to No. 5 and 7 prisons, broke a hole through the wall opposite No. 7 prison, as they said, to get a ball out of the barrack yard, which they had lost in their play. After they had broke through the wall, the officers and soldiers that were in the barrack yard, told them to desist, or they would fire upon them. Immediately after that the drum beat to arms, and the square was filled with soldiers, and without telling the prisoners to go to their prison, immediately commenced to charge and fire upon them. I immediately started to go to No. 5 prison, and the soldiers on the platforms on the walls commenced firing, and I should think near forty fired at myself and three others, as I am sure there were no other men in sight at that time between Nos. 5 and 6 prisons. In going round No. 5 cook house, a prisoner was shot and killed very near me.

EDWARD COFFIN.

Attest, HENRY ALLEN.

No. X.

Thomas B. Mott, having been duly sworn, deposed—

About six o'clock in the evening of the 6th of April, I was called on by a number of persons, requesting me as one of the committee, to put a stop to some boys, whom they said were picking a hole through an inner wall, for which, they said, our provisions would be stopped to pay for. I asked what was their intentions in making the hole? They said it was for the purpose of obtaining a ball which they had lost in their play. I then repaired, with a number of respectable men, to make them desist; but before we got into the yard, a quick firing commenced. On my walking up the yard, was met by a number of prisoners retreating to their prisons, much alarmed; one of which I observed was badly wounded; he was bleeding freely from his wound—I could see the yard was clear of prisoners, or not more than two or three to be seen, and they retiring fast. I requested the wounded man to lean upon me, and I would assist him in some medical aid.—We had not advanced but a few steps, when we were fired on. I advanced, assuring the soldiery we had no hostile intentions. I then took the fainting man in my arms, when a volley of musketry was discharged full at us. I then retired immediately; there was but one of my prison doors unlocked, which was on the back of the prison. On turning the corner of the cook house, I found myself unexpectedly open to the fire of soldiers on the ramparts of the south wall;—their fire was kept up in so brisk a manner, that it appeared almost impossible to enter without being shot; but finding my situation very dangerous, I was determined to enter the prison, or die in the attempt. For that purpose, myself, with a number of others that had been standing behind the wing of the cook house, sallied out for the purpose of gaining our prison door, when a volley of musket balls showered in amongst us, killing two, and wounding others. On our entering the prison our doors were shut to keep them from firing in. Some little time after, the turnkey enquired for me; I went forward to the window; he requested me to deliver up the dead and wounded; I requested him to open the door, which he did, for that purpose. On passing out the dead and wounded, I was insulted by the soldiery, and on my replying, was charged upon, and with difficulty escaped, without being butchered; they likewise insulted the wounded as I gave them up, and threw the dead down in the mud, and spurned at them in a very unfeeling manner.

THOS. B. MOTT.

No. XI.

I, William Mitchell, being duly sworn upon the holy evangelists of Almighty God, depose and say—

That, on the evening of the 6th of April, when the alarm commenced, I was in the lower part of No. 1 yard. I walked up towards the gate to learn the cause; when I had got about half way, I heard a single musket fired, and immediately after a whole volley. I then saw several men carrying one that was wounded, the soldiers keeping up the whole time a steady fire, and the prisoners all endeavoring to get into the prisons; the lower doors being closed in the interim; it was with much difficulty they could get in, the soldiers pursuing them the whole time, and charging them with bayonets; and after getting into the prison, I heard the firing of musketry in all directions round the prison: and further the deponent saith not.

WILLIAM MITCHELL.

No. XII.

I, John G. Gatchell, having been duly sworn, depose and say—

That I was walking in the yard, towards the gate. The first I knew, was the soldiers coming into the yard, with Capt. Shortland at their head, when an immediate fire began from the soldiers, and one man fell within six feet of me. While in the act of rendering this man assistance, I heard Captain Shortland order the soldiers to kill the damn'd rascal—meaning me; immediately the soldiers came and pricked me with their bayonets, and I was forced to run to the prison at the hazard of my life, and leave the man that was wounded.

JOHN G. GATCHELL.

No. XIII.

James Taylor, having been duly sworn, deposeth, that he was standing at the gate in the market square, at the time Captain Shortland, with a file of soldiers, entered the square. Captain Shortland ordered a prisoner in the square to go into the prison, when he immediately complied. He then ordered the soldiers to charge; and instantly observed to the commanding officer of the military—"It is no use to charge on the damn'd Yankee rascals—FIRE"—when this commenced immediately. The prisoners at that time were rushing in the prisons as fast as possible, and principally out of the square.—After the prisoners were mostly in the prison of No. 4, a boy, of ten years of age, was shot through the body and killed, while in the door passage trying to get in, by the soldiers in the yard, in my presence, I being inside the prison; likewise one other man was shot through the thigh.

JAMES TAYLOR.

No. XIV.

Samuel Lowdy having been duly sworn, deposeth as follows:

That he was in the yard of prison No. 4, at the time Robert Haywood was shot by the soldiery. He immediately took him up, for the purpose of carrying him to the hospital. In the square he met Capt. Shortland, and said, Capt. Shortland, this man is very badly wounded—I want to carry him to the hospital. Capt. Shortland replied, you damn'd son of a bitch, carry him back to the prison; and he was obliged to comply. After getting to the prison, one of the soldiers called him back, and he went up to the square with the man, and met Capt. Shortland, who said, heave him down there, (pointing to a sentry box) and away with you to the prison. At that time they were firing in the different yards. On leaving the square, we found the man was dead.

SAMUEL LOWDY.

John Battice having been sworn, corroborates the evidence of Samuel Lowdy.

JOHN BATTICE.

No. XV.

William Potter, having been duly sworn, deposed—

That while passing between No. 5 and 6 prisons, the soldiers commenced firing from the walls in three divisions, at a few of us; at that time there were only four prisoners in sight. After advancing a few steps, I found a man badly wounded. I stopped and picked the man up; during which time the soldiers kept an incessant fire at us, as likewise till we got to the prison of No. 5.

WILLIAM POTTER.

No. XVI.

I, David S. Warren, being duly sworn on the holy evangelists of Almighty God, depose and say—

That, on the evening of the 6th of April, when the alarm commenced, I was in the lower part of the yard No. 1 prison. I walked up to the gate to learn the cause. I there saw there were a number of prisoners in the market square, and a great number of soldiers drawn up across the same; soon after they charged on the prisoners, who retreated out of the square into their respective prison yards, and shut the gates after them. I saw the soldiers advance up to the gates, and heard Capt. Shortland order them to fire, which they not immediately obeying, I saw him seize hold of a musket in the hands of a soldier, and direct it towards a prisoner, and heard him again repeat—"fire; God damn you, fire." Immediately afterwards the firing became general; the prisoners were all endeavoring to get into the prisons, which was attended with much difficulty, all the doors but one being closed—and further the deponent saith not.

DAVID S. WARREN.

No. XVII.

We, the undersigned, being each severally sworn on the holy evangelists of Almighty God, for the investigation of the circumstances attending the late horrid massacre, and having heard the depositions of a great number of witnesses, from our own personal knowledge, and from the depositions given in as aforesaid,

REPORT AS FOLLOWS:

That on the 6th of April, about six o'clock in the evening, when the prisoners were all quiet in their respective yards, it being about the usual time of turning in for night, and the greater part of the prisoners being then in the prisons, the alarm bell was rung, and many of the prisoners ran up to the market square to learn the occasion of the alarm. There were then drawn up in the square several hundred soldiers, with Capt. Shortland (the agent) at their head; it was likewise observed at the same time, that additional numbers of soldiers were posting themselves on the walls round the prison yards. One of them observed to the prisoners, that they had better go into the prisons, for they would be charged upon directly. This, of course, occasioned considerable alarm among them. In this moment of uncertainty, they were running in different directions, enquiring the cause of the alarm; some toward their respective prisons, and some toward the market square. When about one hundred were collected in the square, Capt. Shortland ordered the soldiers to charge upon them, which order the soldiers were reluctant in obeying, as the prisoners were using no violence; but on the order being repeated, they made a charge, and the prisoners retreated out of the square, into their prison yards, and shut the gate after them. Capt. Shortland, himself, opened the gates, and ordered the soldiers to fire in among the prisoners, who were all retreating in different directions towards their respective prisons. It appears there was some hesitation in the minds of the officers, whether or not it was proper to fire upon the prisoners in that situation; on which Shortland seized a musket out of the hands of a soldier, which he fired. Immediately after the fire became general, and many of the prisoners were either killed or wounded. The remainder were endeavoring to get into the prisons; when going towards the lower doors, the soldiers on the walls commenced firing on them from that quarter, which killed some and wounded others. After much difficulty, (all the doors being closed in the entrance, but one in each prison) the survivors succeeded in gaining the prisons; immediately after which, parties of soldiers came to the doors of Nos. 8 and 4 prisons, and fired several vollies into them through the windows and doors, which killed one man in each prison, and severely wounded others.

It likewise appears, that the preceding butchery was followed up with a disposition of peculiar inveteracy and barbarity.

One man who was severely wounded in No. 7 prison yard, and being unable to make his way to the prison, was come up with by the soldiers, whom he implored for mercy, but in vain; five of the hardened wretches immediately levelled their pieces at him, and shot him dead on the spot. The soldiers who were on the walls, manifested equal cruelty, by keeping up a constant fire on every prisoner they could see in the yards endeavoring to get into the prisons, when their numbers were very few, and when not the least shadow of resistance could be made or expected. Several of them had got into No. 3 prison cook house, which was pointed out by the soldiers on the walls, to those who were marching in from the square. They immediately went up and fired into the same, which wounded several. One of the prisoners ran out, with the intention of gaining his prison, but was killed before he reached the door.

On an impartial consideration of all circumstances of the case, we are induced to believe that it was a premeditated scheme in the mind of Capt. Shortland, for reasons which we will now proceed to give.—As an illucidation of its origin, we will recur back to an event which happened some days previous. Captain Shortland was at the time, absent at Plymouth; but before going, he ordered the contractor, or his clerk, to serve out one pound of indifferent, hard bread, instead of one pound and a half of soft bread, their usual allowance. This the prisoners refused to receive. They waited all day in expectation of their usual allowance being served out; but at sun-set, finding this would not be the case, burst open the lower gates, and went up to the store, demanding to have their bread.

The officers of the garrison, on being alarmed, and informed of these proceedings, observed that it was no more than right the prisoners should have their usual allowance, and strongly reprobated Captain Shortland, in withholding it from them. They were accordingly served with their bread, and quietly returned to their prison. This circumstance, with the censures that were thrown on his conduct, reached the ears of Shortland, on his return home, and he must then have determined on the diabolical plan of seizing the first slight pretext to turn in the military, to butcher the prisoners for the gratification of his malice and revenge. It unfortunately happened, that in the afternoon of the 6th of April, some boys who were playing ball in No. 7 yard, knocked their ball over into the barrack yard, and on the sentry in that yard refusing to throw it back to them, they picked a hole in the wall, to get in after it.

This afforded Shortland his wished for pretext, and he took his measures accordingly. He had all the garrison drawn up in the military walk, additional numbers posted on the walls, and every thing prepared, before the alarm bell was rung; this he naturally concluded would draw the attention of a great number of prisoners towards the gates, to learn the cause of the alarm, while the turnkeys were dispatched into the yards to lock all the doors but one, of each prison, to prevent the prisoners retreating out of the way, before he had sufficiently wreaked his vengeance.

What adds peculiar weight to the belief of its being a premeditated, determined massacre, are,

First—The sanguinary disposition manifested on every occasion by Shortland, he having prior to this time, ordered the soldiers to fire into the prisons, through the prison windows, upon unarmed prisoners asleep in their hammocks, on account of a light being seen in the prisons; which barbarous act was repeated several nights successively. That murder was not then committed, was owing to an overruling Providence alone; for the balls were picked up in the prisons, where they passed through the hammocks of men then asleep in them. He having also ordered the soldiers to fire upon the prisoners in the yard of No. 7 prison, because they would not deliver up to him a man who had escaped from his cachot, which order the commanding officer of the soldiers refused to obey; and generally, he having seized on every slight pretext to injure the prisoners, by stopping their marketing for ten days repeatedly, and once, a third part of their provisions for the same length of time.

Secondly—He having been heard to say, when the boys had picked the hole in the wall, and some time before the alarm bell was rung, while all the prisoners were quiet as usual in their respective yards—"I'll fix the damn'd rascals directly."

Thirdly—His having all the soldiers on their posts, and the garrison fully prepared before the alarm bell rang. It could not then, of course, be rung to assemble the soldiers, but to alarm the prisoners, and create confusion among them.

Fourthly—The soldiers upon the wall, previous to the alarm bell being rung, informing the prisoners that they would be charged upon directly.

Fifthly—The turnkeys going into the yard and closing all the doors but one, in each prison, while the attention of the prisoners was attracted by the alarm bell. This was done about fifteen minutes sooner than usual, and without informing the prisoners it was time to shut up. It was ever the invariable practice of the turnkeys, from which they never deviated before that night, when coming into the yard to shut up, to halloo to the prisoners, so loud as to be heard throughout the yard, "turn in, turn in!" while on that night it was done so secretly, that not one man in a hundred knew they were shut; and in particular, their shutting the door of No. 7, prisoners usually go in and out at, and which was formerly always closed last, and leaving one open in the other end of the prison, which was exposed to a cross fire from the soldiers on the walls, and which the prisoners had to pass in gaining the prisons.

It appears to us that the foregoing reasons sufficiently warrant the conclusion we have drawn therefrom.

We likewise believe, from the depositions of men who were eye witnesses of a part of Shortland's conduct, on the evening of the 6th of April, that he was intoxicated with liquor at the time; from his brutality in beating a prisoner then supporting another severely wounded, from the blackguard and abusive language he made use of, and from his frequently having been seen in the same state. His being drunk was, of course, the means of inflaming his bitter enmity against the prisoners, and no doubt was the cause of the indiscriminate butchery, and of no quarter being given.

We here solemnly aver, that there was no pre-concerted plan to attempt a breaking out. There cannot be produced the least shadow of a reason or inducement for that intention, because the prisoners were daily expecting to be released, and to embark on board cartels for their native country. And we likewise solemnly assert, that there was no intention of resisting, in any manner, the authority of this depot.

N. B. Seven were killed, thirty dangerously wounded, and thirty slightly do. Total, sixty-seven killed and wounded.

Wm. B. Orne, } James Boggs, } J. F. Trowbridge, } SIGNED, John Rust, } Walter Colton, }

Wm. Hobart, } James Adams, } Francis Joseph, } Committee. Henry Allen, } Thomas B. Mott, }

No. XVIII.

Letter from Mr. Beasly, agent for American prisoners of war at London, to the Committee of American prisoners of war in Dartmoor prison.

Agency for American prisoners of war, } London, April 12, 1815. }

GENTLEMEN—It having been stated in some of the newspapers published here, that the American government intended to send some ships of war bound to the Mediterranean, to this country, for the purpose of completing their crews from among the prisoners; and having been informed that this idea has got among the prisoners, it becomes my duty to request, that you will inform them that the fact is not so.

I have already informed you of the measures which had been taken to provide conveyances for the prisoners. You will let them know, that eight large transports have been engaged, some of which must be now at Plymouth; others will follow, until the whole of the prisoners are sent off.

It is much to be lamented, that at a moment when every exertion was making to restore them to their country, they should have fallen into an excess which has proved fatal to some. And I am at a loss to conceive how they could, under such circumstances, pretend to say, that the cause of this unfortunate but shameful conduct, was the neglect of their government or its agent. This, I am informed, they have stated to the officers who were sent to examine into the affair. I am, gentlemen, your obedient servant,

R. G. BEASLY.

The Committee of the American prisoners, Dartmoor.

No. XIX.

DARTMOOR, April 14, 1815.

SIR—Yours, of the 12th inst. came to hand this morning. It is with astonishment we note its contents, that the officers who came to inquire into the circumstances of the late unfortunate affair, should have informed you, that the prisoners stated to them the cause of that event was that their government or its agent had neglected them. This is a most deliberate falsehood, let your authors be who they may. We deny not that the anxiety of the prisoners to get released from here, has been great; they have even censured you as being dilatory in your preparations for that purpose—but their government they have never implicated—and you may rest assured, that they have too much of the genuine spirit of Americans, to apply to the officer of a foreign government for relief, or to make them a party in any dispute with the government or its agents.

We solemnly assure you, that whatever anxiety among the prisoners, or want of confidence in your exertions, as above stated, may have existed among them, that it can in no way be construed to have any collusion or connection with the late event, and was expressly so stated to the admiral, who came here from Plymouth.

We, on the contrary, in the name of the five thousand prisoners confined here, accuse Shortland of a deliberate, pre-determined act of atrocious murder—we have sufficient evidence in our possession to prove it to the world, and we call on you (there being at present no accredited minister, or charge des affairs at the court of London) to make strict inquiries into the circumstances of the case, and procure all the evidence necessary for a proper investigation into the same; for well do we feel assured, that our government will not thus suffer its citizens to be sacrificed, for the gratification of national prejudice, malice or revenge, of the petty officers of a foreign state.

We are at no loss to impute the misrepresentation of the British officers to their proper motives. They artfully wish to excite in your breast a spirit of enmity and resentment against the prisoners, that you might use less perseverance, or feel yourself less interested in making the proper inquiries into the late affair.

With much respect, we remain, Sir, your most obedient and humble servants,

WILLIAM HOBART, WALTER COLTON, HENRY ALLEN.

R. G. Beasly, Esq. Agent for Prisoners, London.

No. XX.

Second Letter from Mr. Beasly to the American Committee.

Agency for American Prisoners of War, } London, April 14, 1815. }

GENTLEMEN—My letter to you of the 12th inst. on the subject of the melancholy event, was written under an impression which I received from a report of it, transmitted to me by this government: I have since received your report of the circumstances. Had I been in possession of the information therein contained, the letter would have been differently expressed. I am, gentlemen, your obedient servant,

R. G. BEASLY.

Committee of American Prisoners, Dartmoor.

P. S. I subjoin an extract of the report alluded to from the Lords Commissioners of the Admiralty:

"The rioters, it appears, endeavored to OVERPOWER the guard, to force the prison, and had actually seized the arms of some of the soldiers, and made a breach in the walls of the depot, when the guard found itself obliged to have recourse to their fire arms, and five of the rioters were killed, and thirty-four wounded, after which the tumult subsided, and the depot was placed in a state of tranquillity and security.

"Admiral Sir J. T. Duckworth, Commander in Chief at Plymouth, having received information of this unfortunate event, lost no time in directing Rear Admiral Sir Josias Rowley, Baronet, K. C. B. and Schornberg, the two senior officers at that port, to proceed to Dartmoor, and to inquire into the circumstances. Those officers accordingly repaired to the depot, where they found, on examination of the officers of the depot, and all the American prisoners who were called before them, that the circumstances of the riot were as before stated; but that no excuse could be assigned for the conduct of the prisoners, but their impatience to be released; and the Americans unanimously declared, that their complaint of delay was not against the British government, but against their own, which ought to have sent means for their early conveyance home, and in replies to distinct questions to that effect they declared they had no ground of complaint whatsoever."

No. XXI.

DARTMOOR, April 17, 1815.

To Rear Admiral Sir J. T. Duckworth.

SIR—The officers whom you sent to this place to inquire into the circumstance of the unfortunate occurrence of the 6th inst. whatever right they had to represent the conduct of Captain Shortland in the most favorable manner, we conceive it an act of gross injustice that they should have given to you such a false and scandalous representation of what they were told by the prisoners.

In the report from the admiralty board to Mr. Beasly, (a copy of which he has transmitted to us) it is stated that the prisoners, when called upon to give an account of the circumstances of the 6th, exonerated Captain Shortland and the English government from any blame respecting the same, and accused their own government and its agent of being the cause.

We, on the contrary, solemnly declare, that it was expressly stated to Admiral Rowley, that whatever anxiety might have existed among the prisoners for a speedy release, could, in no way whatever, be construed to have had any collusion or connection with that event.—That the prisoners, so far from having any idea of attempting to break out, if the gates had been opened, and every one suffered to go who might wish to do so, not one in a hundred would have left the prison, having no means of subsistence in a foreign country, and being likewise liable to IMPRESSMENT, when by staying a few days longer, they would, probably, be embarked for their native country.

They, on the contrary, accused Captain Shortland of being the sole mover and principal perpetrator of the unprovoked and horrid butchery.

Conceiving, from your well known character in the British navy for integrity and candor, that you would not wish to have your name the medium of imposing such a gross misrepresentation and such direct falsehoods on the admiralty board and the British public, we have taken the liberty of thus addressing you, and have the honor to subscribe ourselves, your most obedient and very humble servants,

Wm. Hobart, Walter Colton, Henry Allen, Thomas B. Mott, Wm. B. Orne,

Committee of American Prisoners, Dartmoor.

[In addition to the documents furnished by the committee of the Dartmoor prisoners, we lay the following affidavit of Archibald Taylor before the public. Will people doubt this evidence also? Is it likely that common soldiers, hired assassins, would make use of similar expressions from their own impulses? or is it not much more conformable to common sense to believe that this was the language held by their officers, and that they echoed it.]

City of New York, ss.

Archibald Taylor, late commander of the Paul Jones, private armed vessel of war, being duly sworn, doth depose and say—

That he was a prisoner in Dartmoor prison at the time of the late massacre of Americans; that after the affair of the 6th of April, and on the night of the same day, he was in the prison No. 3, assisting Thomas Smith, late his boatswain, who was shot through his leg by the soldiers in the yard, when an order was received to have all the wounded removed from the prisons to the hospital; and while this deponent was carrying the said Thomas Smith to the door of the prison, to deliver him to the guards selected to receive him, some of the soldiers observed to this deponent, "this is in turn for the affair at New Orleans, where you killed our men, and now we have our revenge"—and further this deponent saith not.

ARCHIBALD TAYLOR.

Sworn before me, this 28th June, 1815.

AARON H. PALMER, Notary Public.

* * * * *

KING AND LARPENT'S REPORT.

Plymouth, 18th April, 1815.

We the undersigned commissioners, appointed on behalf of our respective governments, to inquire into and report upon, the unfortunate occurrence of the 6th April inst. 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 that purpose; or who could be discovered as likely to afford any material information on the subject, as well as those who had been previously examined before the coroner, as otherwise, to the number in the whole of about eighty. We further proceeded to a minute examination of the prisons, for the purpose of clearing up some points which, upon the evidence alone, were scarcely intelligible; obtaining from the prisoners, and from the officers of the depot, all the necessary assistance and explanation; and premising, that we have been from necessity compelled to draw many of our conclusions from statements and evidence highly contradictory, we do now make upon the whole proceedings the following report:—

During the period which has elapsed since the arrival in this country of the account of the ratification of the treaty of Ghent, an increased degree of restlessness and impatience of confinement appears to have prevailed amongst the American prisoners at Dartmoor, which, though not exhibited in the shape of any violent 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 events which are 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, demanded bread instead of biscuit, which had on that day been issued by the officers of the depot; their demands 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 number of the prisoners was collected together at that time in one of their yards near the place where the breach was effected, and that although such collection of prisoners was not unusual at other times (the Gambling Tables being commonly kept in that part of the yard) yet, when connected with the circumstances of the breach, and the time of the day, which was after the hour the signal for the prisoners to retire to their respective prisons had ceased to sound, it became a natural and just ground of alarm to those who had charge of the depot.

It was also in evidence that in the building formerly the petty officers' prison, but now the guard barrack, which stands in the yard to which the hole in the wall would serve as a communication, a part of the arms of the guard who were off duty, were usually kept in the racks, and though there was no evidence that this was, in any respect, the motive which induced the prisoners to make the opening in the wall, or even that they were ever acquainted with the fact, it naturally became at least a further cause of suspicion and alarm, and an additional reason for precaution.

Upon these grounds captain Shortland appears to us to have been justified in giving the order, which about this time he seems to have given, to sound the alarm bell, the usual signal for collecting the officers of the depot and putting the military on the alert.

However reasonable and justifiable this was as a measure of precaution, the effects produced thereby in the prisons, but which could not have been intended, were most unfortunate, and deeply to be regretted. A considerable number of the prisoners in the yards where no disturbance existed before, and who were either already within their respective prisons, or quietly retiring as usual towards them, immediately upon the sound of the bell rushed back from curiosity (as it appears) towards the gates, where, by that time, the crowd had assembled, and many who were at the time absent from their yards, were also from the plan of the prison, compelled, in order to reach their own homes, to pass the same spot, and thus that which was merely a measure of precaution, in its operation increased the evil it was intended to prevent. Almost at the same instant that the alarm bell rung, (but whether before or subsequent is upon the evidence doubtful, though captain Shortland states it positively as one of his further reasons for causing it to ring) some one or more of the prisoners broke the iron chain, which was the only fastening of No. 1 gate, leading into market square by means of an iron bar; and a very considerable number of the prisoners immediately rushed towards that gate; and many of them began to press forwards as fast as the opening would permit into the square.

There was no direct proof before us of previous concert or preparation on the part of the prisoners, and no evidence of their intention or disposition to effect their escape on this occasion, excepting that which arose by inference from the whole of the above detailed circumstances connected together.

The natural and almost irresistible inference to be drawn, however, from the conduct of the prisoners by captain Shortland and the military was, that an intention on the part of the prisoners to escape was on the point of being carried into execution, and it was at least certain that they were by force passing beyond the limits prescribed to them at a time when they ought to have been quietly going in for the night. It was also in evidence that the outer gates of the market square were usually opened about this time to let the bread waggons pass and repass to the store, although at the period in question they were in fact closed.

Under these circumstances, and with these impressions necessarily operating upon his mind, and a knowledge that if the prisoners once penetrated through the square, the power of escape was almost to a certainty afforded to them, if they should be so disposed; captain Shortland in the first instance proceeded down the square towards the prisoners, having ordered a part of the different guards, to the number of about fifty only at first, (though they were increased afterwards) to follow him. For some time both he and Dr. Magrath endeavored by quiet means and persuasion, to induce the prisoners to return to their own yards, explaining to them the fatal consequences which must ensue if they refused, as the military would in that case be necessarily compelled to employ force. The guard was by this time formed in the rear of captain Shortland, about two thirds of the way down the square—the latter is about one hundred feet broad, and the guard extended nearly all across. Captain Shortland, finding that persuasion was all in vain, and that although some were induced by it to make an effort to retire, others pressed on in considerable numbers, at last ordered about 15 file of the guard, nearly in front of the gate which had been forced, to charge the prisoners back to their own yards.

The prisoners were in some places so near the military, that one of the soldiers states that he could not come fairly down to the charge; and the military were unwilling to set against an enemy. Some struggling ensued between the parties, arising partly from intention, but mainly from the pressure of those behind preventing those in front from getting back. After some little time, however, this charge appears to have been so far effective, and that with little or no injury to the prisoners, as to have driven them for the most part quite down out of the square, with the exception of a small number who continued their resistance about No. 1 gate.

A great crowd still remained collected after this in the passage between the square and the prisoners' yards, and in the part of those yards in the vicinity of the gates.—This assemblage still refused to withdraw, and according to most of the English witnesses and some of the American, was making a noise, hallowing, insulting and provoking, and daring the military to fire, and according to the testimony of several of the soldiers, and some others, were pelting the military with large stones, by which some of them were actually struck. This circumstance is, however, denied by many of the American witnesses; and some of the English, upon having the question put to them, stated that they saw no stones thrown previously to the firing, although their situation at the time was such as to enable them to see most of the proceedings in the square.

Under these circumstances the firing commenced.—With regard to any order having been given to fire the evidence is very contradictory. Several of the Americans swear positively, that captain Shortland gave that order; but the manner in which from the confusion of the moment, they described this part of the transaction, is so different in its details that it is very difficult to reconcile their testimony. Many of the soldiers and other English witnesses, heard the word given by some one, but no one of them can swear it was by captain Shortland, or by any one in particular, and some, amongst whom is the officer commanding the guard, think, if captain Shortland had given such an order that they must have heard it, which they did not. In addition to this captain Shortland denies the fact; and from the situation which he appears to have been placed at the time, even according to the American witnesses, in front of the soldiers, it may appear somewhat improbable that he should then have given such an order.

But, however, it may remain a matter of doubt whether the firing first began in the square by order, or was a spontaneous act of the soldiers themselves, it seemed clear that it was continued and renewed both there and elsewhere without orders; and that on the platforms, and in several places about the prison, it was certainly commenced without any authority.

The fact of an order having been given at first, provided the firing was under the existing circumstances justifiable, does not appear very material in any other point of view, than as shewing a want of self possession and discipline in the troops if they should have fired without order.

With regard to the above most important consideration, of whether the firing was justifiable or not, we are of opinion, under all the circumstances of the case, from the apprehension which the soldiers might fairly entertain, owing to the numbers and conduct of the prisoners, that this firing to a certain extent was justifiable in a military point of view, in order to intimidate the prisoners, and compel them thereby to desist from all acts of violence, and to retire as they were ordered, from a situation in which the responsibility of the agents, and the military, could not permit them with safety to remain.

From the fact of the crowd being so close and the firing at first being attended with very little injury, it appears probable that a large proportion of the muskets were, as stated by one or two of the witnesses, levelled over the heads of the prisoners; a circumstance in some respects to be lamented, as it induced them to cry out "blank cartridges," and merely irritated and encouraged them to renew their insults to the soldiery, which produced a repetition of the firing in a manner much more destructive.

The firing in the square having continued for some time, by which several of the prisoners sustained injuries, the greater part of them appear to have been running back with the utmost precipitation and confusion to their respective prisons, and the cause for further firing seems at this period to have ceased. It appears, accordingly, that captain Shortland was in the market square exerting himself and giving orders to that effect, and that lieutenant Fortye had succeeded in stopping the fire of his part of the guard.

Under these circumstances, it is very difficult to find any justification for the further continuance and renewal of the firing, which certainly took place both in the prison yards and elsewhere; though we have some evidence of subsequent provocation given to the military, and resistance to the turnkeys in shutting the prisons, and of stones being thrown out from within the prison doors.

The subsequent firing rather appears to have arisen from the state of individual irritation and exasperation on the part of the soldiers, who followed the prisoners into their yards, and from the absence of nearly all of the officers who might have restrained it as well as from the great difficulty of putting an end to a firing when once commenced under such circumstances. Captain Shortland was from this time busily occupied with the turnkeys in the square, receiving and taking care of the wounded. Ensign White remained with his guard at the breach, and lieutenants Ayelyne and Fortye, the only other subalterns known to have been present, continued with the main bodies of their respective guards.

The time of the day, which was the officers' dinner hour, will in some measure explain this, as it caused the absence of every officer from the prison whose presence was not indispensable there. And this circumstance which has been urged as an argument to prove the intention of the prisoners to take this opportunity to escape, tended to increase the confusion, and to prevent those great exertions being made which might perhaps have obviated a portion at least of the mischief which ensued.

At the same time that the firing was going on in the square, a cross fire was also kept up from several of the platforms on the walls round the prisoners where the sentries stand, by straggling parties of soldiers who ran up there for that purpose. As far as this fire was directed to disperse the men assembled round the breach, for which purpose it was most effectual, it seems to stand upon the same ground as that in the first instance in the square.—That part which it is positively sworn was directed against straggling parties of prisoners running about the yards and endeavoring to enter in the few doors which the turnkeys, according to their usual practice, had left open, does seem, as stated, to have been wholly without object or excuse, and to have been a wanton attack upon the lives of defenceless, and at that time, unoffending individuals.

In the same, or even more severe terms, we must remark upon what was proved as to the firing in the door-ways of the prisons, more particularly into that of No. 3 prison, at a time when the men were in crowds at the entrance. From the position of the prison and the door, and from the marks of the balls which were pointed out to us, as well as from the evidence, it was clear this firing must have proceeded from soldiers a very few feet from the door way; and although it was certainly sworn that the prisoners were at the time of part of the firing at least, continuing to insult and occasionally to throw stones at the soldiers, and that they were standing in the way of, and impeding the turnkey, who was there for the purpose of closing the door, yet still there was nothing stated which could, in our view, at all justify such excessively harsh and severe treatment of helpless and unarmed prisoners, when all idea of escape was at an end.

Under these impressions, we used every endeavor to ascertain if there was the least prospect of identifying any of the soldiers who had been guilty of the particular outrages here alluded to, or of tracing any particular death, at that time to the firing of any particular individual, but without success; and all hopes of bringing the offenders to punishment would seem to be at an end.

In conclusion, we, the undersigned, have only to add, that whilst we lament, as we do most deeply, the unfortunate transaction which has been the subject of this inquiry, we find ourselves unable to suggest any steps to be taken as to those parts of it which seem to call for redress and punishment.

(Signed)

CHARLES KING, FRANCIS SEYMOUR LARPENT.

Plymouth, April 26, 1815.

SIR—In pursuance of the instructions received from Messrs. Clay and Gallatin, I have now the honor to transmit to you the report prepared by Mr. Larpent and myself on behalf of our respective governments, in relation to the unfortunate transactions at Dartmoor Prison of War, on the 6th of the present month. Considering it of much importance that the report, whatever it might be, should go forth under our joint signatures, I have forborne to press some of the points which it involves, as far as otherwise I might have done, and it therefore may not be improper in this letter to enter into some little explanation of such parts of the report.

Although it does appear that a part of the prisoners were on that evening in such a state, and under such circumstances as to have justified in the view which the commander of the depot could not but take of it, the intervention of the military force, and even in a strict sense, the first use of fire arms, yet I cannot but express it as my settled opinion, that by conduct a little more temporising this dreadful alternative of firing upon unarmed prisoners might have been avoided. Yet as this opinion has been the result of subsequent examination, and after having acquired a knowledge of the comparatively harmless state of the prisoners, it may be but fair to consider, whether in such a moment of confusion and alarm, as that appears to have been, the officer commanding could have fairly estimated his danger, or have measured out with precision the extent and nature of the force necessary to guard against it.

But when the firing became general, as it afterwards appears to have been, and caught with electric 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. 1, 3 and 4, but more particularly into No. 3, after the prisoners had retired into them, and there was no longer any pretence of apprehensions, as to their escape.—Upon this ground, as you, sir, will perceive by the report, Mr. Larpent and myself had no difference of opinion, and I am fully persuaded that my own regret was not greater than his at perceiving how hopeless would be the attempt to trace to any individuals of the military these outrageous proceedings.

As to whether the order to fire came from captain Shortland, I yet confess myself unable to form any satisfactory opinion, though perhaps the bias of my mind is, that he did give such an order. But his anxiety and exertions to stop it after it had continued for some little time, are fully proved, and his general conduct previous to this occurrence, as far as we could with propriety enter into such details, appears to have been characterized with great fairness, and even kindness, in the relation in which he stood towards the prisoners.

On the subject of any complaints against their own government existing among the prisoners, it was invariably answered to several distinct questions put by me on that head, that none whatsoever existed or had been expressed by them, although they confessed themselves to entertain some animosity against Mr. Beasly, to whom they attributed their detention in this country; with what justice, you, sir, will be better able to judge. They made no complaint whatsoever as to their provisions and general mode of living, and treatment in the prison.

I have transmitted to Mr. Beasly, 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. Beasly, 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 enquiry has been conducted on the part of Mr. Larpent, nor without mentioning that every facility was afforded to us in its prosecution, as well by the military officers commanding here and at the prison, as by the magistrates in the vicinity.

I have the honor to be, with much respect, your most obedient humble servant.

(Signed)

CHARLES KING.

His Excellency John Q. Adams, &c. &c.

DARTMOOR PRISON.

A Return of American prisoners of war killed and wounded in an attempt to force the military guard on the evening of the 6th of April, 1815.

- - - - Whether Number man of on war, general merchant Current entry vessel, or No. book. Names. Quality. Ship. privateer. Remarks. - - - - KILLED. - - - - 1 4884 Wm. Seaman, Enterprize, Privateer, Leveridge, prize to Saratoga. 2 970 James Mann, do. Siro. Lett. Marque, 3 3134 John do. Gave himself Impres'd. Haywood, up from H. M. Ship Scipion. 4 1347 Jo. T. do. Paul Jones, Privateer, Johnson, 5 3936 John do. Rolla, Merch. Washington, vessel, - - - - WOUNDED. - - - - 1 6520 Tho. Boy, Gave himself Imp. died Jackson, up from H. M. Ap. 7, Ship Pontes. 1815 2 2647 James Seaman, Gave himself Imp. died Campbell, up from H. M. Ap. 7, Ship 1815 Volontaire. 3 5769 John Gier, do. Rambler, Merch. vessel, 4 1722 William do. Dispatch, do. Impres'd, Penn, at London 5 5003 Cornel. do. Invincible, Lett. Garrison, Marque 6 3614 H. do. Homeby. Privateer, Hontcalm, p. G. Tom. 7 1965 Robert do. Gave himself Impres'd. Willett, up from H. M. Ship Andromache. 8 5326 John Peach, do. Enterprize, Privateer, 9 2148 Edw. do. Gave himself Impres'd. Wittlebark, up from H. M. Ship Ro. William. 10 1881 James Boy, Elbridge Privateer, Thornbull, Gerry, 11 3652 James Seaman, Thorn, do. Wells, 12 1236 Philip do. Gave himself Impres'd. Ford, up from H. M. S. Sult. 13 685 James Bell, do. Joel Barlow, Merch. vessel, 14 94 John Grey, do. St. Martin's do. Planter, 15 436 Wm. do. Magdalene, do. Leversage, 16 1024 Edw. do. Joseph, do. Gardner, 17 1546 Stephen do. Zebra, Lett. Phipps, Marque, 18 486 John do. Two Brothers, Impres'd, Roberts, at Cork. 19 1640 Thomas do. Paul Jones, Privateer, Smith, 20 1819 Caleb do. Gave himself Impres'd. Codding, up from H. M. Ship Swiftsure. 21 5015 John Davis, do. Charlotte, Privateer, p. to Mammoth, 22 2013 James do. G. Tomkins, do. Esdaille, 23 380 Peter do. Virginia Merch. Wilson, Planter, vessel, 24 2834 Wm. Blake, do. Gave himself Impres'd. up from H. M. S. Repu. 25 338 John 2d Mate, Good Friends, Merch. Hogabets, vessel, 26 4153 Eph. Seaman, Argus, do. Lincoln, 27 4493 Thomas do. Enterprize, Privateer, Findlay, 28 4109 John do. Flash, do. Howard, 29 1228 Joseph do. Gave himself Impres'd. Masick, up from H. M. Ship Furieux. 30 6123 Robert do. Grand Turk, Privateer, Fillez, 31 1812 John do. Ga. himself Impres'd. Willet, up from H. M. S. Rosario. 32 3080 John Perry, do. Do fr H. M. Impres'd. S. Tiger. 33 2662 John do. Do fr H. M. Impres'd. Wilson, S. Fortuna. - - - -