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Charleston, South Carolina, June 12, 1805

To the honorable James Madison, Esquire, Secretary of State of the United States. The memorial of the President and Directors of the South Carolina Insurance Company, and of the merchants and others interested in the commerce of the city of Charleston, respectfully showeth :

That your memorialists are deeply affected by the recent capture, at the very entrance of this port, of the American ship Two Friends, by a French privateer. This event has excited among all classes of citizens, the strongest sensations, not only because the said ship was captured without any color of pretence, within sight of land, but because she is our only regular London trader, and had on board a full supply of spring and summer goods. . . . Your memorialists are authorized to add (although the fact be not detailed in the protest) that it appears, from undoubted authority, that the magnitude of the prize was the sole inducement of the above-mentioned capture, the captors having said that they would release the Two Friends, in the event of their falling in with any other valuable prize, which might be more worthy of their notice.

This most extraordinary capture, in direct violation of our treaty with France (as appears by the accompanying documents) has already been followed by events no less alarming, our harbor being at this moment completely blockaded by three French privateers (and more are daily expected), which examine all vessels coming in and going out of this port, and either detain or release them, according as their value excites the cupidity of the cruisers.

This degrading state of our harbor has necessarily raised the premiums of insurance, thus forcing additional sums from the pockets of our citizens, has advanced the price of every commodity, and created a distressing stagnation of our exports; for the merchants, not receiving their goods from abroad, are incapacitated from purchasing the produce of the country. Among these deplorable effects of the defenceless and humiliating condition of our commerce may be, moreover, enumerated the immense loss of duties, those in the Two Friends alone, being estimated by the collector at forty-five thousand dollars.

Your memorialists have the best reasons for believing that this early success, experienced by these French privateers, will immediately allure others in swarms to our coast and bar, to the total ruin of private mercantile concerns, and the most fatal defalcation of the public revenue. Your memorialists have no less ground for apprehending that British cruisers, availing themselves of the absence of domestic protection, will, under the color of expelling the French, assume and occupy their ground, and either retain us in the same degraded state, harassing our vessels by searches and detention, or subject us to the disgraceful and mortifying obligations of gratitude for alien succor and relief.

Your memorialists are the more alarmed at these depredations because much valuable property is still expected this summer from other quarters than London, and considerable importations will be looked for in the fall, for our winter supplies. . . .

Your memorialists, having thus exhibited but an imperfect view of their ruinous, unprotected and degraded situation, rely with confidence on the prompt interposition of the President, to obtain, by representations to the ministers of France and Spain (in the event of the Two Friends being carried to a Spanish port) restitution of the said ship and her cargo, and to cause a stop to be put to similar spoliations..

Thomas Corbett, President of the South Carolina
Insurance Company, and 106 others

The wanton attack of the British ship Leopard on the American frigate Chesapeake off Hampton Roads, Virginia, June 22, 1807, in which three men were killed and eighteen wounded (including the Commodore, James Barron) may be called the opening act of the War of 1812. The British government later repudiated this act, recalled Admiral Berkeley, on whose authority it had been committed, restored the two surviving sailors impressed from the Chesapeake, and paid an indemnity for the killed and wounded. The following extracts are from papers

submitted by Robert Smith, Secretary of the Navy, to Thomas Blount, chairman of the Committee of Congress on Aggressions, relating to "the outrage committed on the frigate Chesapeake."

SIR:

British Consul's Office, Norfolk (Va) March 6, 1807

The men named in the margin [Ware, Martin, Strachan, Little] deserted sometime since from His Majesty's ship Melampus, in Hampton Roads, by running away with her gig, and the first three are stated to have entered at the rendezvous, now open here, for the enlistment of seamen in the service of the United States. As the Melampus is at present in Hampton Roads, I submit to you, sir, the propriety of your directing these men (should they have entered for your service) to be returned to their duty on board His Majesty's ship before mentioned. I have the honor to remain, with perfect truth and respect, sir, Your most obedient servant,

To Captain Decatur

John Hamilton

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The cases of the alleged deserters were investigated, and James Barron, commander of the Chesapeake, reported to Secretary Smith, April 7, that Ware, Martin, and Strachan were all Americans who had been "pressed" on board the Melampus at various times and places, and that they had escaped to the shore in the captain's gig, amid a brisk fire of musketry," while an entertainment on board was diverting the attention of the officers. The sequel is told in Barron's letter to Smith, June 23, 1807, written. from on board the battered Chesapeake after her return to the bay.

SIR:

Yesterday at 6 a.m. the wind became favorable, and knowing your anxiety that the ship should sail with all possible despatch, we weighed from our station in Hampton Roads and stood to

sea. In Lynnhaven bay we passed two British men of war, one of them the Bellona, the other the Melampus; their colors flying and their appearance friendly. Some time afterwards, we observed one of the two line-of-battle ships that lay off Cape Henry, to get under way, and stand to sea; at this time the wind became light, and it was not until near four in the afternoon that the ship under way came within hail. Cape Henry then bearing north-west by west, distance three leagues, the communication which appeared to be her commander's object for speaking the Chesapeake, he said he would send on board; on which I ordered the Chesapeake to be hove to for his convenience. On the arrival of the officer he presented me with the enclosed paper1 from the captain of the Leopard... to which I gave the enclosed answer [denying any knowledge of the deserters and refusing to have the crew of any ship he commanded mustered by any but their own officers"], and was waiting for his reply. About this time I observed some appearance of a hostile nature, and said to Captain Gordon that it was possible they were serious, and requested him to have his men sent to their quarters with as little noise as possible, not using those ceremonies which we should have done with an avowed enemy, as I fully supposed their arrangements were more menace than anything serious. Captain Gordon immediately gave the orders to the men and officers to go to quarters, and have all things in readiness; but before a match could be lighted, or the quarter-bill of any division examined, or the lumber on the gun-deck, such as sails, cables, &c. could be cleared, the commander of the Leopard hailed; I could not hear what he said, and was talking to him, as I supposed, when she commenced a heavy fire, which did great execution.2

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1 An order of June 1, 1807, published by Admiral Berkeley, who was in command of the British ships in American waters, authorizing all captains to search the Chesapeake on the high seas for the deserters from the British ships.

2 The commission appointed to examine the damage done the Chesapeake reported "twenty-two round shot in her hull," "fore and main masts incapable of being made sea-worthy," "mizzen mast badly wounded," together with great laceration of sails.

It is distressing to me to acknowledge, that I found that the advantage they had gained over our unprepared and unsuspicious state, did not warrant a longer opposition; nor should I have exposed this ship and crew to so galling a fire had it not been with the hope of getting the gun-deck clear, so as to have made a more favorable defence; consequently our resistance was but feeble. In about twenty minutes after I ordered the colors to be struck, and sent Lieutenant Smith on board the Leopard to inform her commander that I considered the Chesapeake her prize. To this message I received no answer; the Leopard's boat soon after came on board, and the officer who came in her demanded the muster book. I replied the ship and books were theirs, and that if he expected to see the men he must find them. They called on the purser, who delivered his book, and the men were examined; and three men demanded at Washington, and one man more were taken away. . .

I called a council of our officers and requested their opinion relative to the conduct which it was now our duty to pursue. The result was that the ship should return to Hampton Roads, and there wait your further orders. Enclosed you have a list of the unfortunate killed and wounded, as also a statement of the damage sustained in the hull, spars, and rigging of the ship. . . . With great respect, I have the honor to be, sir, your obedient James Barron

servant

December 31,

[184]

Jefferson and Madison attempted to meet the British 57. "Mr. and French aggressions by the "peaceful war" of embargo Clay's war," and non-intercourse acts. It was Henry Clay, Speaker of 1811 the twelfth Congress, and his band of "war-hawks" who forced the hand of the administration. The following extract is from the official report of Clay's speech of December 31, 1811, on the bill to increase the army of the United States:

Mr. C. [Clay] proceeded more particularly to inquire into the object of the force. That object, he understood, to be war, and war with Great Britain. . . . What are we to gain by war, has been emphatically asked. In reply, he would ask, what are we

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