IT was reported to me, that every method was practised by lawless people on shore, to sacrifice me and the service to their disappointment and vengeance.

That one of the Alliance's bargemen was put in prison by Mr. Dale and Mr. Williams, for saying, that said barge (being at L'Orient) was Captain Landai's barge.

That one of the serjeants of the marines received five French guineas, and several marines sixty l [...]res, and some other seamen more or less, by the direction of Captain Jones, for acknowledging him to be their Captain; and they said they had promises to be paid all their prize-money (and were directed to tell the same to every man on board) if they would return to their duty, mean­ing, I suppose, if they would deliver the frigate to him.

Some of the Bon-homme Richard's people formerly, who made part of the Alliance's crew then, having received intelligence of Captain Jones's promises made by his agent, were heard to say they would cut the cables in order to have the frigate drove on shore.

A whole crew of one of the Alliance's boats being sent on duty to L'Orient, were taken, and put by force on board the Ariel.

Mr. Moylan stopped and prevented the Alliance's stores and provisions from coming on board.

Mr. Blodger, the Alliance's purter, was confined by Captain Jones for some days, on board the Ad [...] ship.—By all which proceedings the Alliance's crew would soon have been bribed and deterred from their duty; and being reduced in numbers, become incompetent to the ship's service, and insufficient and incapable to defend her against the enemies.

By these dangers attending the sending the boats on shore to L'Orient, I was compelled to have part of the fresh water brought on board with great difficulty from Groay island.

The Bon-homme Richard's people on board, discovered so much dissatisfaction, and evinced a spirit of mutiny to such a degree, that, tho' I was not fully manned, I sent seventeen of them to Captain Jones.

The stores and provision came at last on the 30th June on board, and were taken in during the night time. Lieutenant Elwood, of the marines, had two hogsheads of wine brought on board; I was so precise to the orders I had received from the Navy-Board at Boston, to let no private goods be brought in the ship, that I ordered they should not be stowed in the fish-room or hold, that they might not be carried to America.

Besides the abovementioned dangers, of being deprived of the crew by their being forcibly put on board the Ariel—of being reduced to want of provisions on board, by the opposition made on shore to their coming off—having already the crew almost bribed, by the promises made on shore to them by Captain Jones's agents, to do any thing against my command—the said frigate was ex­posed [Page 4] to the storms in an open road, and moreover to the surprise or superior force of the enemies; which concurrence of plots and dangers made her sailing necessary.—But tho' I had been already better than two weeks waiting for his Excellency Dr. Franklin's order, and for his answer to the people about their prize-money, I wanted yet to stay a little longer on these accounts.

Mr. De Gourlade sent on board three small boxes, not weighing together above fifty pounds, for the Chevalier De la Luzerne, the French Minister Plenipotentiary at Philadelphia; I thought that Congress would approve my receiving them, in consequence I ordered the Master to receive and charge them in his book, and give a receipt for them, being the only private goods on board to my knowledge.

Two days before our sailing, Capt. Bell's brother and Capt. P [...]rk came upon deck, and the former told me that he had a letter from Mr Moylan for me; I [...]wered, [...] no business whatever with Mr. Moylan, and he might do what he pleased with said letter, as I would not receive it.

Having waited in vain till the 8th July for his Excellency B. Franklin's orders, and the expected payment of the crew's prize-money, and perceiving plainly that he would give neither— seeing also the dangers the frigate had been and was still exposed to in that road—the solid reasons of the Honorable A. Lee, Esq contained in his letter to me of the 25th June ult. for sailing —the Congress's order for the Alliance's return to Philadelphia—and the real blame I should incur in staying longer without the positive order of his Excellency B. Franklin, determined me to sail immediately.

Accordingly, at one o'clock, P. M. having in company the ship Lu [...]e, Capt. Bell; a brig, Mr. Montgomery; a chasse maree, Mr. Smith; and a schooner, Mr. Kerdie, which had asked me to sail along with the Alliance. I had the signal to get under way made, and we did the same in the Alliance; the ship's company being all in high spirit, consisted of two hundred and fifty men, besides passengers. The ship had been loaded too much by the stern; she being very foul, I had her bottom well hogg'd fore and aft the day before, and the barrels of gunpowder which had been imprudently stowed, were put in another place, out of danger in case of an engagement, by the gunner.

M. De la Grandville, acting Intendant of the Navy at L'Orient, had given me intelligence when there, that an English fleet of five and twenty line of battle ships had been seen off O [...]essant, about the 12th ult. but since had not appeared—having also read in the papers, that the enemies had sent two two-deckers and some frigates, to cruize about the western islands;—judging the naval English fleet was gone off Finisterre, in order to prevent the junction of the French and Spanish fleet together; to avoid meeting which, and those about the Western Islands, I thought it was best to keep in high latitude, where there was little danger, but to meet with a single ship at a time, which we might take or engage with, to defend the vessels in company: Besides which, we should thereby avoid the calm and extreme heat, consequently the greatest dangers of the enemies, sickness among the ship's company, and have a shorter passage to the banks of Newfoundland, where I intended to have the ship's bottom hogg'd again, before we made directly for Philadelphia.

Few days after we got under sail, being at dinner, the Honorable A. Lee, Esq said he had ne­ver been to Boston, nor had he ever seen the Eastern States, which induced him to wish that I would go thither; two of the Marquis de la Fayette's Aids de Camp and his Secretary joined with him, saying, it would spare them much fatigue and great expences to which they must be exposed to go from Philadelphia to Rhode-Island, at which place the Marquis was then known to be. Others supported them, magnifying the dangers of going to Philadelphia. To all which I could answer nothing, but that the order of Congress was to carry the frigate there, whither then [Page 5] we must go:—Nevertheless, tho' I had shewn to the Honorable Arthur Lee, Esq and his ne­phew, Ludwell Lee, Esq these orders at L'Orient, before I resumed my command, as may appear by what he mentioned in a letter to me, dated there June 15th, and in which he mentioned also, that an officer is guilty whenever he does not obey his superiors order, they and others try'd to persuade me to the contrary; and finding they could not, they grew peevish on all occasions:— And I suppose, from subsequent transactions, which will be seen in the sequel, that the Honorable Arthur Lee, Esq had already devised the plan to have the frigate carried to Boston, with or against my consent.

On the 11th July, the chasse maree sprung and carried away some of her spars, Mr. Smith determining thereon to go back to France, the Honorable A. Lee, Esq desired me to take on board his nephew, Mr. Lewis Lee, and some other passengers who had embarked in this vessel, which I did instantly, by sending a boat to bring them on board, having nothing more at heart, next to the service, than to oblige him in all I could.

The Honorable A. Lee, Esq for whom I had all the deference and complaisance due to his rank and former character as Minister, having let him chuse the best state-room in the cabbin, and all other accommodations that could be procured on board; notwithstanding, began to wrangle with me on all accounts, particularly every day at table, complaining and applying, with bitterness and haughtiness, to me as the author that the water stank—the meat and other things were either too much or not done enough, &c. &c. I represented to him, that the reason why the water was not good, was that the casks had not been properly cleansed before they were filled, and it was taken in a place that was not clean, as they washed their linen, &c. but I could not help it, as it was put on board before I resumed the command.—However, tho' the ship was already very crank, with a design to please him if possible, I ordered a water-tub holding two hogsheads to be filled and fixed close to the main-mast on the quarter-deck, and there filled every morning, to air the water, and take off as much as possible its bad smell; at the same time ordered a centry to stand by to make every body observe cleanness in taking the water out of said tub for any pur­pose: the petty officers were also to take a quart of water thence every day for tea.—I sent at almost every meal for the cook, and recommended him to have the meat more or less done, accor­ding to the taste of the Honorable A. Lee, Esq but all I did to keep in peace, tho' far beyond my duty, was in vain, as he had probably a plan in his head which he wanted to begin by wrangling. He had to second him in the first place his two nephews, Messirs. Lewis Lee and Ludwell Lee, and Mr. Livingston, Lieutenant of a man of war, (who was then passenger, and had helped him with his testimony against Silas Deane, Esq) all three devoted to his will, and fit persons to work on the mind of the other passengers and officers, and promote the execution of his projects.

The ship having been from the beginning too much loaded by the stern, besides the ward-room filled since with officers and passengers trunks, I represented to the Honorable A. Lee, Esq (who had his birth filled also with his trunks) the case, that the ship did not sail so well as usual, that she was crank by having too much weight aloft, and that his trunks were in the way of two of the guns, which might prove of bad consequence in a sudden engagement; that he might tell his ser­vant to put all his necessary things for sea in one of his trunks, which he might keep in his birth, and the others should go with mine and all the rest amid ship between decks, under the guard of a centry; he assented to it in appearance, and I ordered not only the trunks to be put amid ship, but also all the boxes of small-arms and lumber between decks to be put forward; and after all that had been done, the ship was hardly in good trim.—But soon after every body, from the Honorable A. Lee, Esq to the seamen, began to grumble at having made this change, tho' for the best, by which I perceived the whole crew was worked upon by somebody or other, but I could not find out who were the movers.

[Page 6]On the 13th inst. every one but the Honorable A. Lee, Esq and myself being gone to bed, he asked me what I wanted to do by chasing every vessel we met with in our way? I answered, I wanted to fulfil my first orders from the Navy-Board of Boston, which were to take or destroy all the enemy's vessels I could. His next question was, whether I would attack an English frigate of the same force we were? I said yes, by all means; that we were provided with all things for that purpose, and better manned than an English frigate of the same rate, therefore we should have a good chance to take her. He said, he advised me to the contrary, and even to avoid and fly before any enemy's ship, and consider whom I had on board; that I had two Aids de Camp, and the Secretary of the Marquis de la Fayette, and how unhappy it would be if they or other passen­gers had an arm shot off. I replied, I would be very sorry if any body on board met with any accident whatever; but that the dangers to which every person must necessarily be exposed in the frigate, should have been considered before they came on board:—And observed, that tho' the Alliance was fitted out on purpose to carry over to France the Marquis de la Fayette, I had orders to attack, engage and take any ship from the enemies I could meet with, and the Marquis himself was never against it, but quite to the contrary.—Then he said, but what would be the fate of my servant, if he had an arm shot off? I told him, I knew not what the fate of his servant would be, but that I supposed when he took him in his service, he had warned him of the dangers he might undergo, and pay him in consequence. But said he, have you reflected what a loss it would be to America, if the Alliance should be taken? Yes, sir, said I, and I conceive it would be a great one; But if an American man of war always run away before an English one, she ne­ver can take the latter; and if the latter chase and can come up with the former, she must natu­rally take her, as the crew in the ship that runs away loses half their courage, while the crew of the other ship who chases gains it, by imagining some reasons to be the cause of her flight.— Finding he could not convince me by these reasons, he tried another way, saying, that if he were in my place, he would think of nothing but sailing as fast as possible to Philadelphia, because, tho' my case was never so good against Captain Jones, if he arrived there before me, he and his friends would make the story against me take ground; but if I arrived first, it would be the contrary. I replied, that on all occasions I would venture my life for the good of the service, and in this case I would even venture my reputation in discharging my present duty; and that I relied entirely on the justice of Congress.—Thus the conversation between us to the same meaning lasted till very late, when I wished the Honorable A. Lee, Esq a good night. He appeared to be dissatisfied with my reasoning and sense of duty; but tho' I was very sorry for it, I could not comply with his desires, which were so diametrically opposite to my duty. It is to be suspected that he took that time when no person was present to witness the conversation, to speak to me thus, in case that had I complied with his wishes, he might have denied these counsels after, if he had found it necessary.

Almost every one, passengers and officers, on board the Alliance and other vessels in company, wanted to keep a course suitable to his opinion; some would have gone by the small latitude, to take the trade wind, others by the middle one, &c. without considering the season we were in, and other circumstances. Capt. Bell, of the Luzerne, always steering more towards the south than the course given, tried to draw us in lesser latitude.

The Honorable A. Lee, Esq as the headmost of the passengers, was the speaker who always made the motions, being certain to be supported, right or wrong, by all officers and passengers. One day being at table, he asked me why I kept the ship in 47 degrees latitude north? I ex­plained to him all the advantages which we should derive from it, and particularly, that we should avoid the calm, and consequently have a shorter passage. He replied, that it could not [Page 7] be, as the shortest way from one point to another, was to steer the course only that lead to it.— I told him it was not always the case, and that chiefly two courses of the compass were oftener the shortest way to go from one point to the other. He said, he would be glad if I would prove it and all the others laid the same. I took a twelve-pound shot, and with some chalk drew a parallel supposed by eighty degrees north latitude; on it one point supposed to be the first meri­dian, and another to be 180 degrees longitude, and said, the [...] way to go from one of th [...]se points to the other, was to steer north to the pole arctic, and thence south to the other point; and that these two courses were shorter than due east or west, which would also lead from one of these points to the other: I allowed that we were not wholly in that case, but by running [...]ver the degrees of longitude in high latitude, where they were shorter than in lesser; as going upon Newfoundland and thence to Philadelphia, we lengthened but little our way, and would by these courses gather all these advantages heretofore mentioned. But all I said was out of regard and complaisance to the Honorable A. Lee, Esq as I was the only one answerable to a court martial for the same. Nevertheless, he and the others could or rather would not understand so plain a demonstration.

On the 14th inst. the wind at north by east, and the sea very smooth, being upon deck before supper, seeing the weather braces ran in, and the ship going one point large, I told Lieutenant Degge thereof, and ordered him to have the sails trimmed properly, and the ship kept close to the wind, which he did. After supper, when I went back on deck, I found that he had the weather braces hall'd in again, and the ship going large; I repeated my order to him, but he not being rational after supper, fell in a passion and ordered to brace the yards fore and aft; and stamping with his foot on the quarter deck, said that I wanted to lose sight of the ship Luzerne, which was not a mile distant on our lee quarter. I told him to mind how he charged me in pub­lic with bad intention; he repeated the same; I ordered him to go and keep under an arrest in his cabbin; he swore he would not go, and no body could make him. I went to him, and assu­red him he had better go, or he should be forced to it. He took me by the collar of my coat, and asked whether I would force him? I ordered Lieutenant Warren, who was on watch, with two marines, to force him to go down in his birth. Lieutenant Degge left me and went on the forecastle, soon after Lieutenant Warren came to tell me that Lieutenant Degge had a pike brandishing in his hand, threatening to run it through any body who would offer to come to him. I told him to follow me; when Lieutenant Degge saw that I went directly to him, he let fall the pike, and got over the rail on the cathead, saying, he was going to jump into the sea. I went back on the quarter deck, after having repeated my order to Lieutenant Warren, who came to tell me, soon after, that Lieutenant Degge was in his birth.

I daily perceived a great change in the crew's behaviour towards the service and myself; in­stead of the high spirit, activity and obedience they shewed at first, they gradually grew remiss, backward, and grumbled in proportion as the Honorable A. Lee, Esq and other passengers and officers grew peevish, licentious and undutiful; and I saw plainly the former were enticed by the latter, but could not tell how, nor know positively who actuated them so, as they kept all their proceedings secret from me: Besides, I was determined to suffer personally from the Honorable A. Lee, Esq for whom I had yet the same regard, rather than to act with a right authority that would have been supported by no body, thinking he would never attempt any thing against the service.

The Honorable A. Lee, Esq and his two nephews, always kept company with Messieurs De Pontgibeau and La Colomb, the two Aids de Camp to the Marquis de la Fayette, and M. Poiré, [Page 8] his Secretary, all three young men, who were easily prevailed upon by the art and suggestion of the former, and brought to be zealots in their party.

One day, as two of them were playing at chess together, M. De la Colomb told the Honorable A. Lee, Esq that M. de Chavane, Captain of the French frigate the Sensible, had told him that when all a ship's company agreed to take the command from their Captain, the only reason that can justify them is, to say, all together, that the Captain was crazy.

Another time M. De Pontgibeau said, that when the Captain of a ship was unwilling to do that which all the rest wanted to be done, there was always some body that could do for him at once.—The next day after he brought his pistols from the ward-room into the cabbin, and put them in the state-room of the Honorable A. Lee, Esq Mr. Poiré asked him if they were loaded? He answered they were. All that was said and done in the Honorable A. Lee, Esqr's presence; who, to encourage it, quibbled, and used double meaning—words to the same intent and purpose, but concealed his true meaning with more art and cunning than the former: But of all the pas­sengers on board, Mr. Ludwell Lee distinguished himself in that way above the others; and besides, he altered and subverted all that I said: He had acquired such a credit on that account, and I suppose in their private assemblies, that they called him the lawyer; and the French officers repeatedly paid him the compliment, in my hearing, that from a bad cause he would make appear a good one.

On the 16th inst. Mr. Montgomery, in the brig in company bore away to the southward, and left us.

On the 17th inst. at day-break, Mr. Buckley came to acquaint me of a sail being in sight, bearing S. W. from us. I ordered to bear upon her, and have all sails set. I went up and saw she was a large ship, close to the wind on the larboard tack, under topsails only, which proved she was a ship of war cruising. As soon as she perceived we chased her, she bore away and crouded all sail in a very short time to run away from us. Perceiving that the officers, far from being anxious to make all sail to come up with her, were very remiss at it, I told Mr. Lynd to attend and have the driver set; he answered, he knew not how. Seeing his unwillingness to do it, I called a quarter-master, and ordered him to set the driver, before Mr. Lynd. I went forward to have all sail set there, seeing the officers were unwilling to do it; but while I was looking and ordering a sail set, they had another halliard let go; and it was ten o'clock, A. M. before we were under all sails. We gained little upon the chace, when Mr. Larcher, followed by other officers, came to tell me that if all the trunks and boxes of arms were put aft again, we should soon come up with her. Tho' I knew the contrary, I consented to it; for if I had refused, they would have said I missed that ship by my own fault. (We lost sight a-stern of the Luzerne ship about two o'clock, P. M.) At seven o'clock the chace had gained from us; I then gave up the chace, and went to visit a Portuguese snow, which had passed along-side of the chace, which he said had four and twenty guns upon her main-deck, and six or eight upon her quarter-deck:—So we missed the chance of taking a fine frigate, by the undutifulness of the officers.

One day, going upon the quarter-deck, I observed for a while Mr. Livingston and James Pratt, quarter-master, leaning together on the rail, whispering to each other. This quarter-master had of late, and was the only one who had, his hammock hung under the quarter-deck, in order to be found there at once when wanted, as will appear in the sequel. He was also the man who knocked down with a handspike several hogs, I heard since, to shorten fresh provisions, with a design to oblige us to go to Boston.

[Page 9]Once, when I was walking alone on the quarter-deck, Mr. Brown, a passenger gentleman of Charleston, accosted me, and said if I would give up chasing any vessels, all the passengers to­gether would make me a present of a handsome sum of money. I looked at him with disdain, and asked him if he wanted to attempt to bribe me out of my duty. They tried thus all means to insnare me.

The Honorable A. Lee, Esq finding that I took no notice of his and others quibbling lan­guage, changed it gradually into the grossest insults, in order to provoke me at last to act with him with the severity, it required, being sure that his abettors would alter and invert all to his and their advantage, and give it out to the crew and others in their own way.

Once, at dinner time, he began by applying to me as usual, complaining with bitterness of all that was upon the table, the water, &c. I made my usual apology, in order to satisfy him, if pos­sible, saying, that there was at every dinner three dishes of different fresh meats, besides salted ones, which I had always ordered the cook to dress to his own liking; there was also three different sorts of wines, punch and beer; I acknowledged the water was not good, but all that could be done to make it better had been practised, and added, that I could not have done more for a King, had he been on board, than I had for him:—That he had chosen and took the best state room; used the cabbin as his own, diverting in it himself, with such company and whenever he pleased, whether I was busy in writing in it or not:—That at table I never offered to help myself, but as soon as the meats were carved, or the desert upon table, I always observed to hand him the dishes one after another, but had also observed that after he had taken out that which pleased him best, he handed it round the table that I might have it the last; that I mentioned that last part no other ways than to let him know I was sensible of his affected disregard for me, ne­vertheless, all that was on board was at his service, but I could procure him no better, he said, with scurrility, it was good enough for me, and desired I would take his state room from him; I said, it was not my intention, but he insisted and repeated several times that he wished it; I told him to give me in writing that his wish and desire was such, he said I was an ass, and when in America I should have my ears cut off; I told him I knew his views in abusing me thus, that I was determined not to resent any thing whatever, when on board, but when on shore, any body that would offer to fight me either with sword or pistols, should have a satisfaction; but if any there threatened to cut my ears, I would then actually horsewhip him, and I instantly rose from table.

After that had passed, the other passengers and officers grew altogether progressively more li­centious, and the crew more undutiful.

On the first of August, Mr. Buckley came at 6 o'clock, A. M. to acquaint me of a sail being in sight, I went up and found that she was lying to on the starboard tack, bearing N. W. of us, at two leagues distance, I ordered to chase her, she bore away, and made all sail she could steering west, the wind blowing fresh, I ordered a reef to be taken in the main-top sail, but they were better than an hour in doing it; Mr. Lynd having gone aloft on purpose, I suppose to prevent its being done sooner, and when it was finished the weather earing was so loose that it kept better than half an hour more before it was hauled taught to the yard-arm, during all which time the main-top sail being on the mast, and the chase making all the sail she could bear, we gained none upon her, and an hour after a thick fog coming on, we lost sight of her, however I continued the chase until noon, when I ordered Mr. Lynd, who took the watch, to have the three top-sail yards lowered on the caps, and then come to the course, which was W. N. W. close reef the top-sails; and having been wet through all the time of the chase, I went down to shift my cloaths, but Mr. Lynd, instead of doing that, as I had ordered him, came close to the wind before the top-sail yards [Page 10] were lowered, by which the ship lay on her lee broad-side, and the main mast sprung: I went on the quarter deck and ordered the helm a-weather, and the three top-sails and mizen clewed up, the main-top gallant must to be launched, and preventer stays to be p [...]t, and sat, on the main mast, and the carpenters to fish it; the next morning the mouldings round it were made, and every thing rigged as before.

On the 5th instant, having a lightning conductor ready made, by the armourer, I ordered the carpenter, about 7 o'clock, A. M. to have it fixed to the main royal m [...]st head, as may appear by the following, viz.

The main-top yard being necessarily lowered on the cap, and the wind small, the ship not steering, the fore-topsail yard was also lowered on the cap.

Mr. de Pontgibeau went to awake the Honorable A. Lee, Esq, at half past seven o'clock, he got up directly and went out of the cabbin. Some time after my steward told me, that some of the crew being assembled under the quarter-deck, wanted to speak with me; I sent immediately for my clerk, had the regulation for the navy, with pen, ink and paper on the table, when Mr. Lynd, who had just taken the watch, came to tell me the same, I answered, he might tell them to come five at a time in the cabbin; the Honorable A. Lee came in, and James Pratt behind him held the door open, about thirty seamen were assembled under the quarter-derk; James Pratt said, they would speak to me all at once and on the quarter-deck, and added, they would make more sail, and one of the fore-top men said, let us go and make more sail, and accordingly they went forwards to do it.

I bid my clerk to take the pen, ink and paper, and follow me on the quarter deck, where we found part of the passengers, and the Honorable A. Lee, Esq and the rest following me: I saw part of the crew who had been under the quarter-deck, hoisting the fore-top sail yard, I ordered Lieutenant Elwood of the marines, who was on watch, to have instantly all the marines under arms, he did not so much as answer me, but continued to walk with an air of indifference, fore and aft, by which conduct I perceived I had no more help to expect from him than from all the rest of the officers who were all absent but Mr. Lynd, who had the watch: I guessed the pre­sence of all the passengers was premeditated to encourage the people to mutiny.

Though I saw plainly by the countenances of the passengers, and absence of the officers, that this mutiny was concerned amongst themselves, and carried on only by a small part of the crew, that I could not expect to be supported by any body; nevertheless, I thought it my duty to try all means to stop it, if possible: I therefore sent for Captain Parke, Messrs. Buckley, Larcher and all the other officers;—word was brought me that they were shaving themselves, &c.

James Pratt, who was on the starboard gang-way, ordering the others how to make more sail, seeing me on the quarter-deck, called to some of them to follow him, and they came there; I asked him if he knew what he was about, and the consequence thereof, he answered yes, and if I would not make more sail, they would choose a better Captain than I was, looking at master Li­vingston: I told my clerk to read to them the regulation for the American Navy; James Pratt [Page 11] said, there was no need therefor, as they knew them all being made by them; I asked his name, he told it, I ordered my clerk to write it down, as I had told him to write down my questions and his answers, but he would neither write his name, nor a syllable of what was said: I don't mention all James Pratt's abusive language to me, and the satisfaction which appeared in the coun­tenance of the Honorable A. Lee, Esq and other passengers, that part being easily imagined, and useless to be related; at last James Pratt said to the others, let us go and make more sail, the fore-top man mentioned heretofore, repeated the same, and they went again forward.

At last Capt. Parke came up from the ward room, I ordered him to have all the marines under arms, and if they did not obey at the first call, to have them called name by name, as they were wrote on his list, and to write the disobedience of any one that would not obey, before his name; he answered, he had not the list; I replied, he or some other officer of marine had it, he said it was in the marines birth; I told him to send for it, he said he had no body; I told him then to go himself for it, at last, after he had evaded as long as he could from doing his duty on that ac­count, he sent a serjeant therefor: by all that conduct of his, instead of anticipating my orders to have the marines ready to stop the mutiny, as was his particular and immediate business, I was convinced that said mutiny was preconcerted and supported by both passengers and officers.

I told Mr. Lynd to go and let fly the fore-topsail yard hallyards, he answered, the people had wrecked the fore-top yard ties and back stays together, I told him to go and unwreck them.— Sometime after the list of the marines was brought to Captain Parke, I repeated my order to him, and went forward to Mr. Lynd, whom I told to let go one of the fore-top yard hallyards, while I let go the other, I let my side one fly, but he kept his side one fast to give time to a man to wreck it again, as he did. Though I had not been more than two minutes absent when I return­ed on the quarter-deck, I found Captain Park doing nothing, I asked him why he did not call the marines, he answered he had, but they had all refused to come, and he promised he would give me a copy certified of said list, with their disobedience annexed to each name, as they had been called.

I ordered Mr. Lynd to take all the petty officers to help him to shorten sail, he answered, what can a man do when all are of one mind against him; though I understood very well that he meant all the officers were in the general plot, I asked if any officer had refused to obey, he said nothing: Messrs. Buckley and Larcher appeared then, I told them to take with them all the officers and to lower the fore-top sail yard, the former came soon after to tell me, they held him and prevent­ed his doing it; I told him to give me the name of any one who had touched him, he would not, but went again forward, and came back to tell me that twenty of the sailors held the hallyards and would not let them go, and added, what in the name of God can a man do against three hun­dred. (N. B.) That the only seamen which appeared in mutiny, were not forty in number, that had the officers of marines, serjeants and corporals took arms, they might have stopped the mutiny at once, and had all the sea officers and petty officers opposed these seamen, they were capable by their number to stop also the mutiny; but instead of that I surprized them smiling at one another, and at the passengers, which made me sensible they were not only in the plot, but that they made ridicule of it, and of the orders I gave thereon.—Wherefore I told them I had seen and heard enough to convince me that they would do nothing to help me to stop the mutiny, that, it being impossible for me to do it alone, I was going, and accordingly went down.

The Carpenter came to ask me what he should do with the lightening rod, as he could not fix it, I told him to put it down again, and that we must go without it.

Half past eleven o'clock, when I went to observe the sun at meridian, I found Mr. Livingston and James Pratt walking and [...]sing together on the quarter-deck, in presence of the Honor­able Arthur Lee, Esq and other passengers and officers, but when they saw me they parted.

[Page 12]Half past two o'clock, P. M. Messrs. Buckley, Larcher and others, came to ask me what course I chose to steer, and said the people had altered the course, I told them the same, being certain it had not been altered, they asked me what sail they must carry, I told them as much as ship and masts could bear.

These demands of orders with regard to the course and sail which I chose to make, were new proofs that all that had been done in the morning was by the officers directions; for had the crew really got masters of the ship against the officers endeavors, when the latter had all the arms, &c. at command, they would not have been so positive in asking my orders, when the crew had al­ready got masters of the ship, and consequently of all that was on board.

Next morning Mr. Buckley came to acquaint me, we had sounding on the bank of Newfound­land by thirty five fathom, I ordered him to fill sail again, without loss of time, but not seeing the ship come to her course, I went up and found Mr Buckley fishing himself with the rest, I put the helm a-weather, and ordered to let fall the fore sail, and make proper sail. The conduct of the officers and crew proved they were agreed together to stop the ship or increase her sail when they pleased.

I sent my Clerk to ask of Capt. Parke a copy of the marine list, certified by him, with their re­fusal annexed to it.—Capt. Parke refused it, as may appear by the following certificate.

I sent him the following, viz.

I gave the original minute of the above to Lieutenant Warren, to transmit to Capt. Parke, who gave me the following receipt, viz.

On the 7th inst. having observed and told the officers, that though I had ordered the course to be due west, they steered it, when I was absent from the quarter-deck, west by north. I sent them the following written order, viz.

On the same evening at about ten o'clock, after I had, as I ever did since I resumed the com­mand, locked the door before I went to bed; the Honorable A. Lee, Esq came to ask me the key of it, I gave it to him; he went out for about a quarter of an hour, and when he came back I begged of him to lock the door again, he said he had done it, and laid the key on the table: The next morning I was surprized to see the steward early in the cabbin, who told me he had found the door unlocked; and some days after he assured me, that when he found the door so unlocked there was no centry out side of the door as usually; all which appeared suspicious in the present circumstances. The night following and every evening after the Honorable A Lee, Esq: left his birth in the cabbin, and went to lay in the ward room; the true reason of it may be ascribed, by what happened a few nights after, to the necessity of his being in the ward room during the night, to promote and encourage the following transactions.

On the eleventh instant, while at table, I felt myself so ill, that I got up to go to bed, one of the passengers got up also, and went out in a hurry; a few minutes after, James Pratt having passed the centry out-door, without leave, opened the cabbin-door and kept it so, I saw about thirty men under the quarter-deck, and James Baily, with another, advanced towards my bed, told me, they came in the crew's name to represent their home was near Boston, and begged I would carry them there; I told them I could not comply with their request, as Congress's order was to carry the frigate Alliance to Philadelphia; those two men went away without grumbling; but James Pratt said he would go to Boston, and the fore-top man, mentioned in the first mutiny, repeated the same.

In the afternoon Mr. Buckley came, he said, to represent to me that the wind, which was then easterly, might and would, in his opinion, shift to the west, and then we must be a long time be­fore we could get to Philadelphia, that the greatest danger of meeting the enemies was going there, as they were very thick on those sea: I answered, that it was probable Congress had con­sidered those things before they ordered the frigate to go there, and had found the propriety thereof, and it was not our business to pretend to be wiser than they.

Soon after all the officers brought, (they said in writing) their opinions, which were contained in a letter as follows, viz.

[Page 14]I would not read this letter, telling them I had not required their opinion, Congress having ordered the frigate Alliance's immediate return to Philadelphia; I would never consent to break their order, upon specious pretences; Mr. Blodged pressing me exceedingly to go to Boston, I told him I was afraid self-interest made him so urgent.

The officers said, and Mr. Elwood in particular, insisted, that if I would shew them my orders, they would cheerfully obey me in going to Philadelphia; (N. B. the Honorable A. Lee, Esq who was present had seen them, as heretofore said, in l'Orient) I replied, that dutiful officers never asked to see the orders a Captain had to obey him: They then told me to go and speak to the people, I said I could not, being sick, and I had spoken to them already, and could say no more than I had, and added, were I well and to go on the quarter-deck, I think I could expect no more assistance from the officers to help me to persuade the people to do their duty by going to Philadelphia, than I had experienced when I wanted their help to prevent or stop their mutiny on the 5th inst. they never offered me any assistance, but asked my orders, which I told them they had in writing, to keep the course west half south.

Mr. Lynd came again some time after, repeating the same thing; Mr. Buckley had told me before about the dangers going to Philadelphia, but assured me the course would not be altered whilst he was on watch; by which I was still more convinced that the people were only the agents of the passengers and officers, and would never offer of their own accord to alter the course, if the others did not join with them; and in that case, I alone, against the passengers, officers and crew, could not prevent their doing it. All that had passed before three o'clock; and the officers having exhausted in vain their schemes to persuade me to break Congress's orders by going to Boston, I expected they would give up that unwarrantable point.

All being very quiet the remainder of the afternoon, as I had much suffered by a rheumatic pain or cold over all the body, when it subsided late in the evening, I fell asleep, when I awoke an hour after looking at my hanging compass, I saw the course was altered and kept to the N. W. by west, I got up instantly and crawled up as well as I could on the quarter deck, finding all asleep but the quarter master and men at the wheel, I asked for the officer of the watch; the quarter-master went to awake Mr. Buckley, who was lying upon a gun; I asked him whether he knew that the course was altered, though against my written order, to keep it west half south, which they had? He said yes. I told him that he must answer for it. Seeing that tranquility which was in his countenance and all over the ship, I judged it had been done by the officers and passengers consent, without any compulsion of the crew, and that it was out of my power to oppose it in any way, at least until I knew how it had been carried on, accordingly I went down, expecting to learn more about it in the morning, and to consider what could be done in that case.

On the 12th instant, at 5 o'clock, A. M. I sent my Clerk for the master's log book, but it was refused, until the evening, then I saw therein that the course had been altered wholly by the passengers and officers concerted wills and agreed mutiny, and that they had given the command, as to a desperado, to the already very guilty Lieutenant Degge, whom they had taken out of ar­rest on purpose:—Then it was too manifest, that the officers, passengers and crew were all mu­tineers, the latter by the suggestions of the former, and of course it was impossible to pretend to do any thing against their general revolt, had I been in a state of health to go upon deck.

Nevertheless I sent a written order to Lieutenant Degge, to go back and keep under arrest, but he would not obey it.

I sent also the followings, viz.

Had they received and obeyed these orders, I would have assumed as much command as they would have let me, I say as they would have let me, as I could have it but by their own accord, since the passengers, officers and crew had taken it alternately from me; and I would have tried to carry the ship into Rhode-Island, whence I could have given the first intelligence of what had passed to the admiralty at Boston and Philadelphia, and keep every one on board, until I could have an answer; but by this re [...]l they prevented that, and all I would have offered to do.

On the 15th instant, being a little better, I got up, and saw one of the ship's jolly boat, with James Pratt in it, towing a fishing boat on board; I went on the quarter-deck and ordered Mr. Buckley to let no-body go out of the ship, and stepped in the cabbin where I kept night and day a light ready to seal my letter for the Navy Board, whenever an opportunity might occur, but when I came up with it, the boat was off, I called to the people on board to take my letter, they would not do it.

Seeing then Lieutenant Degge standing on the booms, I ordered him to go to his birth again under arrest; he looked resolute and undetermined until Mr. Louis Lee and Mr. de la Colomb whispered with him, after which he said, every one had put him in command of the ship, and he would keep it, some other passengers joining them; I saw it was useless to say any more, as he would not, nor any body else, obey.

About an hour after, the wind being N. W. and the weather very foggy, the ship being close hauled on the larboard tack, I saw from the cabbin the breakes of Shoals-Islands, bearing N. N. W. within half a mile of us, I went on the quarter-deck, and ordered the helm hard a port, and to shiver the after-sails, which was done instantly; Lieutenant Degge then came there and ordered the crew to obey no-body but himself, to which they submitted; I told Lieutenant Degge, that it looked as if he wanted to lose the frigate, as he ran her so amongst the shoals, he answered, it was I, and that he would fight me when on shore, and the passengers backed him, saying, I must fight them all: M. de Pontigbeau, being very guilty for his former conduct, then spoke in French, abusing me for a quarter of an hour, in such language that a porter must blush to repeat it, in or­der to provoke me to assault him before the crew who did not understand him, but he lost his time, as I did not even reply a single word, but left him and went away into the cabbin.

As soon as the Alliance came at anchor in Nantasket-Road, on the 16th inst. most of the pas­sengers and officers went together, unknown to me, in the barge on shore, and directly, to make [Page 16] their own story good, went to the Navy Board to complain first against me as a guilty and crazy captain, who had resigned (they said) the command of the ship, and added to these falsehoods all they thought could justify their black deeds, and bring blame upon me.

The Honorable Navy Board might have perceived by the conduct and hurry of the passengers and officers to charge me thus, that it was unnatural to suppose me really guilty; as had I been so, it must soon have been known without such parade, which looked rather as though they were themselves guilty, they, with a preconcerted design came to make the same agreed story, in order to prepossess said Navy Board against me, that they might not listen to the truth I would say af­terwards.

The passengers, satisfied with the credulity of the Navy Board, spread soon their plotted fabu­lous tale all over the town; as the seamen did amongst the seafaring men; which gained so much the more credit, as I could not contradict it, being kept on board, without my power to have a boat to go, or send my official letter to the Navy Board.

If the Honorable Navy Board had sent an impartial officer, or other, from shore, to see whe­ther I was really crazy or not, and if I had any thing to say in my behalf, it would have enabled them to judge with more propriety the veracity or falsehood of the passengers and officers story, but instead of that they wrote a letter to Lieutenant Degge, directing him to bring the ship up, which implied their approbation of his being in command.

I could find no opportunity to send my official letter to the Navy Board, until the 18th instant, of which the following are extracts, viz.

I had taken the following receipt when I gave my official letter for the Navy Board, viz.

The Navy Board sent me the following, viz.

It is to be observed that the Honorable Navy Board sent me a receipt without a signature to it, for my official letter to them, which letter, in all appearance had no effect with them, as Lieutenant [Page 17] Degge was continued in command, and no order sent to secure the two ringleaders of the first mutiny mentioned therein.

I had sent them word also, that I had neither men or boat left under my command, which pre­vented my going on shore to acquaint them with further particulars of what had happened; but none was procured me.

When the ship came up to Boston, she was (which was uncustomary) immediately put along-side the long wharf, as to give the two ringleaders of the first mutiny an opportunity to escape, as they did; because, had they been stopped and properly prosecuted, they must have detected the mover of the plots and some of their accomplices.

Going out of the ship in company with Lieutenant Brown, who had been sent for me from the Navy-Board, Lieutenant Degge offered me to have the ship's side mann'd. I told him I could not accept his offices, being unlawful, having broken his arrest. He followed me on the wharf, and challenged me to box with him there. I told him, if he wanted to fight me, he should take a sword as I had by my side, then I would be his match: But as he did not like to fight this or any gentleman-like way, he made use of bad language to me all along the wharf, and left us at the end of it.

Lieutenant Brown being with me at the Navy-Board, we waited a long time before the Hono­rable James Warren, Esq President of said Board, and the Honorable Arthur Lee, Esq came out of a private room, where they had, to all appearance, consulted together about the means to ex­culpate the guilty.

The Honorable Arthur Lee, Esq being gone directly, the Honorable James Warren, Esq asked me why I did not come sooner on shore? I told him I had let him know that I had neither boat nor men left under my command to do it, since the officers and passengers had mutinied and got masters of the ship. He replied, that they said I had resigned the command. I answered, they must needs say something to palliate their guilt, if possible; but it was explained in my official letter to them, that they had taken said command absolutely from me on the 10th inst. and since had even refused to receive and obey my written orders to them; and all that because I would not break Congress's order, which was to carry the frigate Alliance into Philadelphia, and comply with their desires in coming to Boston.

Lieutenant Brown then related before President Warren and his colleague, Mr. Vernon, of the Navy-Board, how Lieutenant Degge had just now challenged me to box with him on the wharf, &c.—He had hardly ended his narration, when Lieutenant Warren, of the Alliance's marines, and son of the present President, came to tell his father that all the centries had left their posts, and declared they would not do duty any longer, the frigate being at the wharf.—Any body might have expected the Honorable Navy-Board just after they heard heard of the new demeanor of Lieut. Degge to me, would have ordered by Lieutenant Warren Lieutenant Degge to be put under an arrest, and would have transmitted the command to another officer:—But instead of such just conduct, the President sent his son, Lieutenant Warren, to tell Lieutenant Degge to declare to the marines they should lose so much of their pay for every day they would omit to do their duty: which implied their continuing him in full command, and convinced me at once that I had no justice to expect from them.

The Honorable President Warren had in all appearance several reasons, even if he had loved justice, to have it not done in this instance; for had it taken place, the Honorable Arthur Lee, Esq his intimate friend, and Lieutenant Warren, his eldest son, must have both suffered as principal; amongst the rest of the guilty: and besides, he thought to gain popularity, in redeeming so many [Page 18] culprits, all which had their friends, by sacrificing me, being a foreigner, seen with jealousy by all the officers in the navy; which views, I suppose, made him use all means to become the strongest party against me; and his colleague, tho' he had but the latter of these inducements, followed his example.

Those gentlemen told me they did not understand well my letter, being too concise concerning all that had happened on board the Alliance, during her passage from France to Boston. I enu­merated it as minutely as my memory would admit, three days successively, for about two hours each day, tho' my official letter would have been sufficient for them.

Nevertheless, on the 24th inst. they told me a Court of Enquiry would sit the next week fol­lowing, to enquire into the affair.—As I foresaw it was devised by them to have the guilty dis­charged, should their crime be proved ever so evident before said court, that they might be received as witnesses against me in an ensuing Court Martial, where, by their junto, and concerted false evidences, they must have me broken: and that to the contrary, had a Court Martial immediately taken place, their guilt must have been proved, they be condemned, and their evidence against me found to be false, and nothing but a plot, and rejected as such.—I represented to them, that a Court of Enquiry, which was sometimes necessary to find out whether there had been some fault in any body for an event which had happened, was unnecessary in the present case, wherein, besides all that I had said verbally, there were already extant charges against the passengers, officers and crew, exhibited in my letter to the Navy-Board: And seeing they would make no allowance for my just representations thereupon, I declared I would say nothing until a Court Martial sat.

All I had said on that account was useless, as the Navy-Board's plan was determined; and in consequence thereof, having chosen to be Judge Advocate a young man about 20 years old, whom they could command and direct to their will in their own way, said Court of Enquiry was order­ed to sit on the 29th August.

Said Court being opened that day, I gave them in writing the following declaration, viz.

I do not pretend to prove all the falsehood contained in the evidences given, by the passengers, officers or crew, to clear themselves and to charge me, in this court: As it is an axiom that a ne­gative of a falsehood, when it is a possible thing, is impracticable without witness to the contrary! —For example, if I was alone in a place, and a person, or several in a plot, having been there [Page 19] with me, testify that I then said or did any possible thing, though I did not; having no true wit­ness (which is the present case) it is impracticable to prove their falsehood, but by their own evi­dence, as the two elders were proved to be perjurers against the chaste Susana.

Therefore, by some observations that I will make on that court's conduct, and on the following extracts of evidences given in said court, taken from the copy thereof, which the Judge Advocate sold me, I will offer to prove to the reader, and leave him to judge, the partiality of said court against me, in favor of these witness, in not trying to draw further the truth of their crime out of their own mouth; and in their judgment acquitting or at least clearing these passengers, officers and crew, as much as they could, and charging me with all their might, though they were evidently guilty of mutiny, &c. and I was innocent.

To Mr. Degge, Lieutenant. "Question of the court. How long was you confined?"

Answer. "'Till the tenth of August, when I was released by invitation from the officers and passengers, to take the command of the ship."

Q. "What appeared to you to be their motive in giving you the command?"

A. "Because Capt. Landais had abdicated the command, and retired to his cabbin.

OBSERVATION. The first answer of Mr. Degge implies fully that he broke his arrest, by being released by the invitation from the officers and passengers, to take the command of the ship, which implies also the general plot and mutiny of the passengers and officers. In the next answer he said it was done because I had abdicated the command, &c. but he don't say how I had abdicated it, and the court did not ask him how to prove it otherwise than by saying I had retired to my cabbin, which is a necessary thing to do when a Captain is sick or wants to sleep, &c. No other necessary question on that account was made, to the contrary; here follows the Judge Advocate's note, viz. "Mr. Degge being the person who took the command, it was improper to be too par­ticular in asking what might involve himself, he gave therefore only a general history of matters, there being others who could be particular with more propriety."

By this note it is easy to perceive that the Judge Advocate was already acquainted with the guilt of Mr. Degge and others, as, far from following the common course in criminal law, where the first question is—do you plead guilty, or not guilty;—he was afraid that Lieutenant Degge might involve himself, and discover his guilt, and perhaps the guilt of others; and by the same principle, though the officers, passengers and crew were all proved guilty, he did all he could to prevent their guilt appearing.

Mr. Buckley, Master,—and acting Lieutenant. Answer. "The first appearance of any kind of disturbance within my knowlege was Mr. Degge's confinement, upon which a general dissatis­faction arose against Captain Landais, and some of the men went so far as to say in my hearing, that they would relieve Mr. Degge."

By this evidence it was manifest, that, though Mr. Degge was verily guilty, for which he de­served to be under in arrest, whether with justice I ordered him, some of the men threatened to mutiny in releasing him, to which Mr. Buckley, by his silence on a matter of that nature, gave his tacit consent.

Continuation of Mr. Buckley. A. "Thomas Bailey and James Pratt came to us and asked our opinion about speaking to Captain Landais, upon altering the course of the ship, as she then was steering west half sout [...];—but the people answered, that they themselves would alter her course, if we did not, and said that they would do nothing on board whilst in her present course, and that they had rather go to York or Halifax than to Philadelphia. (N B) since Captain Landai's orders of the seventh, he never took any the least command or gave an order on board to my knowlege."

[Page 20]Q. "Did Captain Landais ever object to Mr. Degge's command?"

A. "Yes, three days after, viz. Aug. 15th, Captain Landais went upon deck, and ordered Mr. Degge to his cabbin."

By this evidence it is clear that the people went to take the opinion and direction of the offi­cers in the ward-room, and the officers in not acquainting [...]e instantly thereof, proved to be their supporters.—Mr Buckley says, the people threatened to do this and that, but besides his keeping it secret from me when it happened, he don't name or particularise any one to the court who did it, though there is always some one in those mutinies which are very distinguishable. He says peremptorily that I gave no orders after the seventh (which was my order to keep the course to the west half south, which not being contradicted by another, was in force and extant, and even confirmed verbally on the 10th, to all the officers when they were in the cabbin though his next answer is, that I gave, three days after, order to Mr. Degge to go to his cabbin;—and he don't mention his, and all the sea and marine officers, refusing the written orders I sent to them on the 13th, that prove the falsehood and misrepresentation of his evidence, and that I had not resigned the command.

COURT. Mr. Elwood, Lieut. of marines. Q. "Please to relate all you know about the stores, &c."

A. "The wine was a present from the passengers to the officers in the ward-room, I brought it, being two [...]sks on board, but Capt. Landais would not suffer it to be put below, saying that I wanted to carry it to America to make my fortune by it, on which account I was obliged to bottle about two-thirds of it, and the rest give to the seamen."

This evidence was prevented to be given into the Court Martial, as it would have been contra­dictory, and would have proved the evidence of Mr. Blodg [...]t about goods, to be false, upon which they framed the second article against me, as will appear in the sequel.

The Honorable A. Lee said, "Saturday Aug. 5th, Major Pontgibeau, [...]aid to the Marquis de la Fayette, came into my cabbin as I was getting up, and told me that the Captain had ordered the sails to be taken in.—When I first came upon deck Mr. Brown of Charleston, South-Carolina, said to me, the Captain is going to make a civil war on board, he has ordered the marines under arms."

This evidence shews, how quick the passengers were to go to the Honorable A. Lee, Esq as their leader, to tell him I had ordered to shorten sail, in order by all appearance that by his in­fluence he might have more sail sat against my order; but the Honorable A. Lee, Esq don't say that he ran instantly out of the cabbin and did not come back 'till James Pratt and others followed him, and these last made an open mutiny and got masters of the ship: It may be observed also, how they were ready to misrepresent my proper orders in saying I was going to make a civil war, when I ordered the marines to take arms to stop the mutiny.

Mr. Blodget said, "The officers deliberated some time before they appointed Mr. Degge to the command, altho' they had received a letter from the passengers, advising them to appoint some one immediately."

It appears also by this evidence, as by the former, that it was the passengers who directed the officers as well as the crew to mutiny as they did.

Parts of the evidences omitted to be written down by the Judge Advocate, but which were taken in writing, during said court, by an Attorney, and another person I had there for the pur­pose.

Mr. Lynd, acting Lieutenant, said, "The officers said, if the Captain would shew his orders for going to Philadelphia, they would chearfully obey him."

[Page 21]This evidence is omitted by the Judge Advocate, because it explains positively that it was in the power of the officers to obey my orders to go to Philadelphia, had they been willing to do it; but they would not obey me, as I did not show them my orders: Besides, it implies that I had not abdicated said command, since I continued to order to go to Philadelphia.

James Bragg, Carpenter. Q "Did you ever hear the people say that they were determined to go to the first port in America that they could make?"

A. "I have heard the people say that they expected to be carried [...] Philadelphia"

This is omitted, because it is contradictory to Mr. L. Lee's evidence, that I had promised the crew to go directly to Boston. Besides, it implies that the crew submitted by their expectation to be carried to Philadelphia, had not the passengers and officers taken the ship from me, and brought her to Boston.

Benjamin Pierce, Gunner, said, "The Captain asked me, what number of casks of powder I thought in the way? I answered, four or five. He said, I might stow them as I thought proper. I accordingly did, and informed the people they were not in so much danger as they imagined, provided they were not going to Philadelphia, but to Boston."

This is omitted, because it proved that the gunner enticed the people against the Captain's going to Philadelphia.

Lieut. Elwood, of the Marines, said, "On the 10th, one Pratt told me, if I delivered the keys of the arm-chests up to the Captain, they would take my life."

This is omitted, because it proved that said Pratt was the ringleader, tho' the Honorable Arthur Lee, Esq had made and given to the Court a dialogue, which he pretended had passed between said Pratt and myself, to exculpate Pratt. 2dly. Because Lieutenant Elwood was guilty for not acquainting me with the threats of said Pratt. 3dly. Because Lieutenant Elwood had not said Pratt secured in irons, as soon as arrived in harbour, in order to be brought to trial. And for all these, and other reasons, Lieutenant Elwood was prevented from giving his evidence in the suc­ceeding Court Martial.

Honorable Arthur Lee, Esq said, "I represented to the Captain the necessity of the vessel's sailing, and using many arguments with him, prevailed on him to sail."

This is omitted, because it justified my sailing from France as necessary, tho' they made an arti­cle of it against me, both in the Court of Enquiry and Martial.

Mr. Livingston, Passenger, said, "He wished to be questioned by the officers of the ship,"

This is omitted, because it shows that the officers and passengers had agree [...] together upon the evidence they would give, if they could be admitted to question one another.

Capt. Matthew Parks, of the Marines, said, "August 13th, Captain Landais s [...]t a letter to Captain Parks, but I would not receive his orders, as he still kept himself confined.—Captain Parks then produced an order from Captain Landais, disapproving his conduct it not forming the marines under arms, agreeable to his orders of yesterday.—Captain Parks produced [...]y pap [...], particu­larly the order beforementioned, but the Court refused taking any notice of [...]em, saying, they were of no consequence to the case in hand.

This is omitted, because my letter to Captain Parks, dated August [...] order of the 15th to Captain Parks, Lieutenants Warren and Elwood, mention [...] [...] [...]d heretofore; which last they refused to receive, proved them evidently guilty of disobe [...]; and proved also that I had not abdicated the command (as they pretended) since I had [...]ued to send them my orders in writing. And the Court, tho' ordered by [...]he warrant to e [...]e into my conduct and that of the officers, refused to receive these proofs of their guilt, being willing to acquit the guilty and to condemn me.

[Page 22]Mr. Ludwell Lee then interrupted Mr. Blodget, and informed the Court, "That Captain Landais, the night before we sailed, went on the fore-castle, and promised the people he would go directly to Boston."

This is omitted, because it was not supported by the crew's evidence as was expected, which would have proved Mr. Ludwell Lee an impostor.

Sailors of the Bon-homme Richard. Q. "Which of you was it ha [...] applied to the Captain?"

A. "The man that forced his speech to the Captain is not on board.— N. B. Lieutenant Veazy (one of the members of the court) reminded them not to charge the ringleader, saying, you were all one."

This is omitted, because it would have proved clearly that I had not only the plots of the offi­cers, passengers and crew, but that I had also against me, even in the Court, numbers that did not scruple to say openly every thing that might prevent any one of the crew from charging the guilty.

Q. "Do you know any thing of the course of the ship being altered at the time of the dispute of making sail?"

A "The course was never altered, and we knew of no orders for altering the course."

This was omitted, because it proved the evidence Mr Buckly had given that the people had altered the course on the 5th inst. was false. Moreover it proved also, that they had no hand in altering the course on the 11th, and that it was purely and utterly the passengers and officers do­ings, without any compulsion of the seamen.

Q "Is there any one among you that Captain Landais promised with his own mouth that he would carry you to Boston?"

A. "We did not hear Captain Landais with his own mouth say so, but some of the officers told us, that we were to sail for the first port."

This was omitted by the Judge Advocate; because it would have proved the evidence of Mr. Ludwell Lee to be a falsehood of his own invention; and at the same time it would have proved that the officers had made themselves that promise to the crew to dispose them to mutiny, in order to go to Boston.

The Honorable Arthur Lee, Esq said, "Upon the 10th of August, being in the cabbin, two sailors came to the door, and mentioned that all the seamen were at the door without, and wanted to see the Captain, he said, he would not speak to them, but saying they wanted to go to Boston, he said his orders were to go to Philadelphia."

Though this is misrepresented, as Thomas Bailey and another came to my bed-side, and said in behalf of the crew (who were under the quarter-deck, whence they could see and hear me, James Pratt holding the door wide open) to tell me they wanted to go to Boston, as being nigh their home, I answered, I could not, as Congress's order was to carry the frigate into Philadelphia; but even as the Honorable Arthur Lee gave it, it proves enough that I had effectually spoken to the two men sent by the crew in their presence, and had explained that my orders, which were in consequence of those of Congress, were to carry the frigate into Philadelphia, which imply all I could have ever said to the crew, and that I had neither resigned or abdicated my command.

Mr. Thomas Lee said, "Mr. Lynd with Mr. Livingston waited on Captain Landais, who had retired to his bed, requesting him to come and pacify the men, but was answered, he had already given his orders."

Though this is misconstrued, there is something in it, as I said to Mr. Lynd I had already given my answer to two men sent by and in presence of the people, (as proved by the latter evidence) and when he asked my orders, I told him they had them already contained in my written order [Page 23] of the seventh instant, as they really had, which was to keep the course of the ship to the west half south.

Therefore by these two last evidences it is sufficiently proved, that I spoke and said all I could say to the people, and that I confirmed my former orders, in order to go to Philadelphia; conse­quently that I had not resigned the command, but to the contrary that I gave proper answer to the people, and continued to give proper orders to the officers.

Besides the embittered and false evidences given verbally against me in court, the passengers and officers gave some ready wrote, which, as it was manifest they were in a plot and mutiny together against me, were probably concerted among themselves to support it, in order to be saved from the punishment they deserved, and to sacrifice me.

But above all things they gave to the court the following prepared insidious piece, in order to justify their taking the command from me and giving it to Lieutenant Degge, viz.

Though this instrument was concerted and intended by the subscribers to hurt me, and if pos­sible to hide or paliate the lawless proceeding of those passengers and officers, conformably to the regulation of the United States, Article 27th, in any equitable court, this authentic voucher being avowed and signed by them, would have been an evident proof of their guilt, as the leaders of that mutiny, and all their specious reasons given therein, would not have prevented their imme­diate condemnation, according to that article, without further trial; as their acknowledged guilt given in that collusive piece was obvious and stronger against them, than all evidences given by others to the same purpose could be.

Any one who has read, (in the first part of my memorial) the letter of the 25th of June, of the Honorable Arthur Lee, Esq to me, wherein he expresses so well the due obedience of an officer towards his superiors orders, must be surprised to find that, that gentleman who reasoned so well then, was in this case the first leader, and will judge whether his declaration and conduct were con­sistent.

The 2d and 3d of these articles or charges have been so clearly proved false, and the 4th for stopping to fish on the bank of Newfoundland (the next day after the crew got masters of the ship, in order to make all sail to America) so inconsistent, that the Court of Enquiry found they could make no charge of them against me; the third was likely destroyed in the Court Martial. There­fore then remains only the first of these articles which may be meant in the 3d article made against me in the Court Martial; in consequence thereof, I will defer speaking to it until I vindicate my­self against the articles made in said Court Martial.

I must observe that piece of the officers being without date when, or place where it was made, has been received thus by the Court of Enquiry, which would prove their neglect to my prejudice in not asking where and when made; or the date when, and place where made was omitted de­signedly. But it was either made on board the frigate at sea, or since she arrived in Boston, which is a very important though different case. If made at sea, all these officers were guilty of the 27th article of the regulation for the United States navy; besides of the falsehood contained in it.—If made since the arrival of the frigate, the Court of Enquiry is culpable in conniving at their plots, in receiving such a collusive piece.

For was such a piece admissible as evidence, it may be forged and signed by officers and crew at all times against a Captain, who must suffer tho' never so guiltless.

But here follows their undeniable conviction, given also by them to the Court of Enquiry.

Although the date of this preceeding piece is omitted, it is immaterial, because it was devised, concerted, wrote and signed, before they took from me th [...] precarious command they had left me, and since the crew got masters of the ship on the 5th instant.

By the bye I must say, that the passengers and officers, by their artful foregoing pieces given to the Court of Enquiry, tried to convince them of their sole good intentions and dutifulness towards their country's service, in their endeavoring to persuade me to come upon deck and speak to the people, and of my obstinacy in not complying with it; in having prevented the people from alter­ing the course, and how they cautioned them of the dangerous consequence thereof, and that I had abdicated the command.

But they own that they, the officers, by the advice of a number of gentlemen passengers, ap­pointed Mr. Degge to assume the command of the frigate, and to make for the first port in Ame­rica, and really to prevent the people's mutiny in altering the course, of their own accord and passengers, without any compulsion of the people—they altered it clandestinely themselves, at ten o'clock, P. M. the wind being fair for Philadelphia, where they could by their number force the people to go, knowing from me that the frigate was ordered by Congress to that place.

As to my having abdicated the command, it was proved false, even by the evidence of the Honorable Arthur Lee, Esq that on the 10th I had spoken to two of the men, and had told them that my orders were for Philadelphia; which answer, though not given in all its extent, compre­hended all I could say to the people: And by Mr. L. Lee's evidence, that I had already given my orders; which answer, though not given also in all its extent, comprehended all I could say to the officers, as they had my written order of the 7th for the course.

Therefore the evidence given against me to the Court, so far from amounting to a proof that I had resigned the command, as they pretended to make appear, is conclusive against them, and clearly proves that they had taken it clandestinely from me, and given it to Lieutenant Degge, in order to accomplish their real intention of going to Boston, as they did: By which they were evidently guilty, as proved also by their own insidious writing, signed and acknowledged by them, given in the Court of Enquiry, of assembling, plotting and conspiring against me, in defiance of the 27th Article of the Regulations of the American Navy, which is applicable both to officers and passengers—which is in these words, viz.

"Art. 27th. Any officer, seaman, or marine, who shall begin, excite, cause, or join in any mutiny or sedition in the ship to which he belongs, on any pretence whatsoever, shall suffer death, or such other punishment as a Court Martial shall direct.—Any person in or belonging to the ship, who shall utter any [Page 26] words of sedition, or mutiny, or endeavor to make any mutinous assemblies, on any pretence whatsoever, shall suffer such punishment as a Court Martial shall direct."

They were guilty of deposing me; they were guilty of breaking Lieutenant Dogge's arrest, when he was confined for a high crime; they were guilty of breaking Congress's orders to go to Philadelphia; they were guilty of breaking my written orders to the [...] have the course steered west half south, and altering it: They were proved guilty of all th [...] [...]me [...] by their own evidences, corroborated by one another, given in the Court of Enquiry.

The Navy-Board, on the other hand, never to my knowledge [...]ed to the Court of En­quiry, though absolutely necessary, my official letter dated Aug. 15th, 1780, in which the passen­gers, officers and crew were charged by me; by which th [...]se changes were kept out of view, that every one might be cleared to be witness against me in a [...]eeding Court Martial.

The Court of Enquiry refused to receive from Captain Parks my letter to him on the 13th Aug. because I charged him in it; likewise my orders of the 13th, to the Lieutenant and Master, were not given to that Court.

Although the Honorable Navy Board and Court of Enquiry had both the undeniable proofs of my guiltless and dutiful conduct in all respects: The former, in my letter to them, dated August 15th, 1780, were acquainted that I had written to ask Doctor Franklin's order, who would give me none; and the necessity for sailing, corroborated by the Honorable Arthur Lee, Esq's evidence. The latter had it contained in the evidences given by the passengers, officers and crew on the one hand—on the other, they had also authentic proofs of the passengers, officers and crew's plots and mutinies, contained in said letter and evidences.—Nevertheless, the Court of Enquiry, in continu­ation of the partiality they had practised all along in favor of those offenders, and to my utter prejudice, gave the following report:

I must make the following remarks upon the foregoing report, that my reasons given heretofore of the impropriety of a Court of Enquiry taking place, (after I had given official charges against the passengers, officers and crew) were good.

The second article was destroyed in the Court Martial, except sailing without Dr. Franklin's orders, which part I will explain and vindicate hereafter.

The beginning of the third article, if I understand it, means plainly, that the court would not clear me, because if they had, the crew must be involved in their guilt (which is acknowledged by said court, to be apparent) or vice versa, that is to say, if the crew are cleared, as they were connected together in guilt, they will be also connected in giving their evidence to charge Peter Landais, and then partake to make him appear guilty, which appear to have been the motive of the Navy-Board in ordering that Court of Enquiry.

The court recommends a Court-Martial to judge, whether Lieutenant James Degge has, or has not unjustifiably disobeyed said Peter Landais, and usurped the command of the ship (for which he was broke.) The reason why it was not recommended also to try the passengers and officers, who were evidently more guilty than said Degge, having petitioned, enticed and coun­tenanced him to break his arrest, and to usurp said command, is the same as above; that is, because they must be sound guilty, be condemn'd, and their evidence inadmissible; but it seems the court wanted their collusive evidence to be given in the Court Martial, in order to have Peter Landais appear guilty and condemned.

Now I have given a simple Idea of the Court of Enquiry's conduct against me, and in behalf of the guilty. I must continue to exhibit that of others and mine. As on my arrival I had wrote to the Admiralty Board at Philadelphia, an official letter, similar to the one of the 15th August, to the Navy-Board at Boston. I wrote again to the Admiralty-Board at Philadelphia, Sept. 13th, 1780, acquainting them with what had happened on board, since the 15th ult. and the Navy-Board's conduct towards me, and Lieutenant Degge; and that the Honorable Mr. Warren, some days after my first visit to the Navy-Board had told me there was a Court of Enquiry to be held; but as I knew of no such court being mentioned in the Honorable Congress's resolves about sea [Page 28] regulations, I insisted according to it, to have three Captains of men of war at least to sit there, or else I would not say a word; that I conceived a Court of Enquiry might be proper on diffe­rent occasions; but when there were capital charges laid against several persons, as were in my let­ter to the Navy-Board at Boston, I thought it required a Court Martial immediately, but it was not so. Accordingly I said nothing all the time it sat; but if all the evidence had been fully and fairly noted, as it came from the mouths of the witnesses, it would sufficiently have brought the truth to light, and with the addition of a few pertinent questions, have discovered the guilty. I begged their Honors would order a Court Martial, in which I pledged myself to prove I deserved the confidence they had placed in me from the beginning to the last.

I represented, that in all courts martial held in the old countries, an officer is always tried by his peers; urging, that there is little probability of that Captain's being acquitted, who is to be tried by three Captains not in command, and whose interest it must be to have him displaced, the probable consequence of which is that the command of the ship would devolve on one or other of them.

I told them, that in the report of said Court, they would find that they tried to discharge the crew; and indeed if the ringleader had been stopped and examined, I believe he would have declared the plot; but it was prevented:—And if the lawful support was refused to the Captains of the Navy, all discipline must be subverted.—I begged and claimed several sums of money owing to me by the United States, and that I was confident they would fulfil my just request, that I remained on board the frigate Alliance until I should be taken out of her by force or Court Martial and paid, as I had nothing on shore to live upon.

I wrote the following to the Navy-Board:

Since the Court of Enquiry had finished, every method had been practised to compel me to go out of the ship, that if I had left her, they might have said I quitted her of my own accord, and they would have never ordered a Court Martial. In that view the mizen-mast was unship'd, and its apertures left wide open, to give an entry into the cabbin where I kept. I was warned by one of the men, to take care, for my life was threatened.—One evening, about 11 o'clock, P. M. when [Page 29] going on board, I was attacked by two of the Bon homme Richard's men, who began by threaten­ing, and were coming at me; but perceiving that I put my hand on my sword, they desisted from their attempt.—A few days after, at noon, when passing on the quarter-deck, going on shore, I saw Mr Buckley, Lynd, Capt. Parks, Lieut. Elwood, and other officers, standing on the starboard ga [...] [...] to the Long Wharf, where they were well posted to see the performance of that which [...] intended against my life. I was not above ten feet from the ship's side on the wharf, when a [...] plank, thrown out of the main-top at me, fell within three feet of my right foot. I did not so much as turn my head to see who had thrown it, but continued to walk; im­mediately after a brick was thrown likewise at me, which fell so nigh that it made the gravel, raised from the ground where it struck, fly on my back; I suddenly turned to see whence it came, the officers then turned their backs all at once, that they might say they knew not who did it.— I looked up to the main-top, where I saw some of the sailors heads, who hid themselves directly. I went to the Navy-Board, to acquaint them with what had happened, and represented the necessi­ty of having at least a centry on the gang way, to prevent such doings, which the officers appeared to encourage. Their answer was, that they had no soldiers to dispose of.—In the Afternoon Mr. Vernon told me he had enquired about the matter, and Mr. Buckley had told him it was no thing but a top-mast clit had fallen nigh me, and the brick was thrown by a journeyman of Salem, who wrought on board, but whose name was unknown. Thus were palliated all transgressions done against me.—Some days after I was at the Navy-Board, when Captain Barry and Captain Hacker, just arriving from Philadelphia, delivered a letter to the Honorable J. Warren, who, after reading it, told me, in their presence, the former was appointed Captain of the Alliance, and the latter to go in her as second Captain. I answered, Capt. Barry might take that command when­ever he pleased, and even possession of the cabbin and state-room where my bed was, which was also at his service; and that I would lay in the other state-room until I was tried and paid.— Captain Barry replied, he had a bed of his own.

On the 22d of September Mr. Parks, Captain of Marines, came into the cabbin, and said he had an order in writing from the Navy-Board to deliver me, which he laid on the table, and added, it was to order me immediately out of the ship. As I did not believe the Navy-Board would have acquitted him without being tried, being charged by me, nor give him an order to bring to me, having others by whom they might more properly have transmitted their orders, I did not look at the paper, thinking if I had, it would have been interpreted as my acknowledgment of his being clear of the charges I [...]d laid against him.

The next day he came again to read some orders, he said, to which I would not hearken, telling him, he could not be in activity, being accused by me in my letter to the Admiralty and Navy Board at Boston. He threatened he would bring armed soldiers to force me out of the ship. I replied, if he did, being charged by me, I should look upon it as an attempt to assassinate me, and in my defence would shoot him.

I begged as a favor that one of the two new Lieutenants of the Alliance, which were present, would go and tell the N. B. to send a proper officer to declare or bring me their order, and I would surrender myself to him to do what they pleased with me.—Accordingly came a corporal with two soldiers, the former told me he had orders to carry me immediately to the Navy Board; I followed them, but when out of the ship, the corporal told me to go thither alone.

Being there, I told the gentlemen thereof, I was come to them by the direction of the Corporal they had sent to me, and [...] [...]at they wanted of me, they answered, nothing but my leaving the ship; I represented to [...] again, that I had wrote to the Admiralty-Board, and had claimed to be paid the sums of money which were owing to me by the United States, but had yet no answer, [Page 30] and having no money left of the sum I brought from France, as I had spent it all, either to have a copy written of the evidence given in the court, or buying a copy of that which the Judge Ad­vocate had wrote down, &c. Moreover, that knowing no-body who kept lodgers—the night coming on, I requested they would let me pass the night in the Navy-Board, even in the entry thereof. Mr. Warren went out, and (though a few days before they had told me they had no soldiers to dispose of, when my life was attempted by the people of the ship) soon returned with an officer and two soldiers, whom he ordered to force me out of doors.—Reduced to despair by such insolent treatment, I entreated the soldiers to run their bayonets through me, that it might put an end to all the injustice I underwent; instead of that the two soldiers took hold of me to push me out, I told them to desist, but being encouraged by Messrs. Warren and Vernon, they persisted, till they had exhausted their strength in vain, and at last gave up their attempt;—as soon as they had left me I went out, full of indignation at the Navy-Board gentlemen's base conduct, who did all this to provoke me to some excess, in order to make new charges against me.

Though the officers which were charged by me, kept on board the ship until the Court Martial was held, I suppose to agree upon the evidence they would give, I was turned out of the ship, and afterwards in the street, without money, not knowing where to go, exposed to be met in the night by some gang of the Alliance's crew, incited against my life, or to find them in the house where I might apply for lodging, without having even a cane to defend myself.—I roved thus from one house to another, not finding any shelter, till half an hour past ten o'clock, in the evening, when I found a negro man, who carried me to an old lady, who received me with much ado, not knowing who I was.

The next morning after, my steward came and told me, that as soon as I was out of the ship, he went on board and found the officers in the cabbin, and a great deal of the provisions and stores which were there, had been plundered and carried away, and two of my trunks were broke open. —I sent him to fetch my trunks, where I found many things had been stolen out of the two which were broke open. I found also in one of them eleven old table cloths and twenty-five towels, which had been kept there since they were sent to me before I sailed, (having the Mar­quis de la Fayette passenger) belonging to the ship. Having no pen or ink. I immediately sent the steward to acquaint the Navy-Board that those things, having always been kept in my trunks, were brought to my lodging in one of them, and to acquaint them at the same time, that the cab­bin stores and provisions were plundered, and that I would deliver the old linen as soon as a full discharge, either from the Navy-Board, or Captain Barry for the things left in the cabbin, should be transmitted to me; but neither the Navy-Board nor Captain Barry would give me said dis­charge, though it was one or the other fault for not sending some-body to take care of those stores and provisions in the cabbin when I was forced out of the ship.

I have been very particular in enumerating all that passed between the Navy Board and me, be­cause Messrs. Warren and Vernon not yet fully satisfied with all the conduct to my prejudice they had kept since my arrival at Boston; being convinced, I suppose, I should in a fair Court-Martial easily clear myself of the charges made against me in the Court of Enquity; and point out palpable charges of the greatest magnitude, already known and proved against the passengers, officers and crew, in order to prepossess as much against me as they possible could, said Navy-Board malignantly and basely misrepresented what I had done by composing the following charges:

Any body may judge [...] impossible it was for me to defend and justify my character, when such false, misrepresented and amplified charges were made by such enemies, invested with all the power, and judged by others who had no more delicacy, and had also self-interest to destroy it. I say false, because I never refused to deliver said Alliance—quite the contrary. I said, in pre­sence of the Navy-Board, Captain Barry and Captain Hacker, that Captain Barry might take said command whenever he pleased, and never said a word to the contrary.—I did not refuse to de­liver the cabbin stores, consisting of old table-linen, and white paper—quite the contrary; I offered to deliver it instantly, if they or Captain Barry would give me a full discharge for the stores and provisions I had left on board, which was but just and requisite.

I say misrepresented and amplified, because I never refused to receive letters or orders sent me from the Navy-Board by proper persons; but twice only I refused to listen to Captain Parks, when he said he had orders from them to transmit to me, because I could not believe they would use so improper a method (he being charged by me and not tried) to send me their orders; which was the reason I did not receive their orders to quit the ship. When the Corporal came to tell me to go to the Navy Board, I did it directly; and my wanting to pass the night in the Navy-Board office or entry, was owing to the distress. I was reduced to, not knowing where to go, exposed in the night to the fury of a gang of seamen, who had already attempted my life; and being with­out money, of which I had before acquainted the Admiralty; which condition they might have changed with justice, in giving me some of the money due to me by the United States.

I say malignantly and basely, in accusing me of robbing said ship, in withholding sundry arti­cles belonging to the cabbin; which said old linen and white paper were unknowingly brought to me in one of my trunks. I had, as already said, offered to deliver it as soon as they or Captain Barry would give me a discharge in full for all the cabbin stores and provisions I had left there.

The Judge Advocate brought me the following, viz.

[Page 32]The bad weather prevented said Court's assembling before the 20th inst. It was composed of

• John Barry, Esq President, Capt. of the Alliance, Captains.
• Hoystead Hacker, Esq the 2d Capt. of Alliance, Captains.
• Samuel Nicholson, Esq Captains.
• Silas Devet, Lieuten's.
• Patrick Fletcher, Lieuten's.
• Nich. Gardner, Lieuten's.
• Samuel Prichard, Lieutenant of Marines.
• Thomas Dawes, jun. Judge Advocate.

There were therefore four out of the seven members setting in the Court Martial, who had the greatest interest to have me broken, as they were to sail in the Alliance, if they could make me appear guilty; but who must be without employ, had I been acquitted and restored to the com­mand of the Alliance, as justice required.

Besides all the seven members of said Court Martial had signed with all the other officers in the American navy, a petition sent to the Admiralty against my commanding the Alliance before I sailed in the Alliance January 6th 1779, by which they proved their jealousy and prejudice against me.

I had much reason to complain against the Judge Advocate's conduct, during the Court of En­quiry, but to whom? No-body would listen to my just grievances, it would have availed me no­thing.

I therefore said nothing on these important points; but being sensible, on one hand, of the dis­advantage I must undergo being tried by such court, composed of men declared thus against me out of natural prejudice, and who had self-interest to destroy me, in having me condemned; and, on the other, if I objected against it, that another set of officers or Court Martial would be refused to me; and my challenging these officers might have been misrepresented by my enemies, as a proof that I was guilty; besides, I must have remained without judgment, under the disgraceful report of the Court of Enquiry: Therefore I was obliged to submit with those disadvantages, and told them, that I could have challenged every one of the members sitting, because they had shewn their prejudice against me better than two years before, sending a petition to Philadelphia against my commanding the frigate Alliance, which they had all signed but Captain Barry (as he had told me of it in the time.) Captain Nicholson replied, that Captain Barry had signed said petition one of the first: However I continued, and said, I could have challenged Captain Barry, Captain Hacker, and two Lieutenants, out of the seven officers sitting, as they were to ship in the Alliance, were I condemned; but that I was so clear in my own conscience, of any charge whatever made against me, and so confident in the honor and equity of the officers sitting, that I submitted to their justice. I soon perceived that I had misplaced my confidence.

During the Court-Martial when there was no bystanders, very often Captain Barry had words with the Judge Advocate, being sure of the members prejudice against me, saying he altered, omit­ted or amplified the evidences as he pleased; all which I suppose was done to incense and make me interfere in it, which, had I done it, they would have readily impeach'd me with disrespect to the Court Martial, &c.

During six weeks the court lasted, Capt. Barry several times in the morning when the members were assembled, told me disobliging things, to put me out of temper, and had the court opened on a sudden, with a design, I suppose, that I might answer him some words in the same way, of which he would have took advantage. With the same intention he several times recommended to the court to keep the oath they had given, as if it had been a secret; but I was confident, it was either a snare laid to make me enquire what that oath could be, or it was really a secret resolution against me transmitted to him before hand.

[Page 33]When I cross-questioned Mr. Lynd, acting Lieutenant, about the chase which he had given in the Alliance to a 32 gun frigate, I made him own that I having ordered him to have the driver sat, he answered me, that he knew not how to rig it, upon which I called a quarter-master to have it done before him, that he might learn how to do it. As they had made a great stress against me for my ordering a quarter-master to show an acting Lieutenant how to rig a sail without explain­ing why—the Court of Enquiry, having no solid foundation where to build had made an article thereupon, wherein I was impeached of ill usage to the officers.

But Mr. Lynd, by owning his ignorance, or unwillingness to obey me, justified my reproof thereon, and destroyed that part of the Court of Enquiry's report: Upon which Capt. Barry said, I should not cross-question thus, and moved to the court to oblige me to give them in writing the cross-questions I would put to the evidence, and they would do it themselves. I represented that I had an undeniable right to cross-question the evidences against me in such manner as I thought best, to draw the truth from them; Captain Barry then enjoined the evidences to answer only yes, or no, by which it was impossible to draw any thing from them.

I begged of the Court Martial, that they would ask from, and have transmitted to them my of­ficial letter to the Navy Board, dated August 15th, 1780; but the Navy Board denied having such a letter, thinking I had nothing to prove they had it, but their receipt which was not signed; but after three whole weeks denial, I exhibited a letter from the Navy Board, directing me to deliver said letter to Mr. Larcher, and the receipt for that letter from Mr. Larcher; at last it came into the court, but they took no notice of it, as it was too obvious, strong and ex­plicit against the officers, passengers and crew to be confuted. I will repeat hereafter some ex­tracts of it.

I begged also, that the court would be pleased to order Lieutenant Elwood to come and give his evidence, but I could never obtain it, because it would have proved a-new my strictness against allowing any body to have any private goods on board, and that the officers kept from me the plots and threats they knew of the mutineers, but the court's intention was not to summon him to come, as his evidence given in the Court of Enquiry would have prevented two articles which the Court Martial made against me.

When the court had received all the evidences they thought fit against me, I applied to them for a warrant to oblige Stephen Wates, Captains steward, to come and give his evidence, as the said Stephen Wates had given me in writing that Lieutenant Livingston, one of the passengers, had given to James Pratt, (the ringleader who had carried on the first mutiny on board) six guineas, and a suit of new cloaths, and had told me moreover, that the other passengers had given to said James Pratt some money also; and that whenever he should be ordered, he would give his evidence more extensively thereon, and on other similar material points.

The Judge Advocate went himself to Salem, in search of Stephen Wates, in order to speak to him, though I objected as much a [...] I could against his going; but I sent word to Stephen Wates by Mr. Vary, (the Salem Stage's owner) to come to the court next Monday following, to give his evidence. Mr. Vary having delivered his errand to Stephen Wates before the Judge Advocate had found him, told me after, that Stephen Wates had told him, he would come and tell the truth, for which the officers of the Alliance must suffer. But after the Judge Advocate had found and had spoke to Stephen Wates, the case was quite altered when he gave his evidence in the court; for be said that the six [...]uineas and sait of new cloaths, which Lieutenant Livingston had given to James Pratt, were given as a reward to the latter, for landing the former's t [...]unk, and said no more.

[Page 34]That witnesses being thus tampered with, and evidence of the adversaries perverted, suppressed and misrepresented to their advantage, it is easy to conceive what must be my state.

Having had no copy of the evidences given to the court during seven weeks against me, it being impossible for me to recollect all that had been said, I made the following request, viz.

But the court would neither order a copy of the evidence, nor of the new charges given in it, to be given me to make my defence by. I was therefore compelled to trust to my memory for what I recollected, and to Providence for the rest.

I began my defence by demonstrating obviously that the evidences of the passengers and officers given against me were inadmissible. As it was conspicuous they were proved guilty by their own insidious instruments produced by them in the Court of Enquiry, which condemned them without tryal, one signed by the Honorable Arthur Lee, Esq and all the other passengers, peti­tioning the officers to name one to take the command of the Alliance from me, though there was then extant a written order from me, which the officers assented to; by another they signed also, which was given likewise in said court; and in connection of their common guilt, they gave the command to Lieutenant Degge, by which they broke his arrest, broke the said extant written order for the course to be kept west half south for Philadelphia; according to the order of Congress; and in­stead of that came to Boston; and their pretensions, as an excuse of my having resigned the com­mand, proved false by my said written order, as one of their own evidences had acknowledged that I had told them that I had given my orders, and by the other written orders I sent them after, which they refused to receive on the 13th August, it was coroborated that I never showed the least inclination to resign my command; and what proves it more still, is their taking it from me clandestinely in the night; therefore being proved thus connectedly guilty against my orders, commands, and consequently against me, their evidence could be look'd upon but as a series of their connected guilt against me, consequently could have no force, credit or validity against me; moreover their evidence against me must be considered as an expedient to palliate their crime, in [Page 35] charging me, and satiate their animosity in having me condemned, by which means my evidence could not be turned against them.

I exhibited my letters to his Excellency Benjamin Franklin, Esq previous to my resuming the command on board the Alliance at l'Orient, and those I wrote to him after, and his receipts there­for, the letter from the officers of the Alliance to entreat me to resume my command on board of her, and the opinion in writing of the Honorable Arthur Lee, Esq and of commodore Gillon of my right and duty to resume it.

I declared that the Honorable Arthur Lee, Esq wanted me to have his post chaise brought in the ship, that being not practicable, the ship being too full when I resumed my command; I told him to sell it, and with the amount to purchase some silks, stuffs, or even a box of tea, that I thought Congress would not disapprove it, but that he refused my offer; that there were brought on board the ship, three small boxes, belonging to the French Minister at Philadelphia, whereof I had ac­quainted the Admiralty there, and the Navy Board at Boston as soon as arrived.

I protested I never gave any permission to Mr. Blodget to bring any goods in the Alliance, and that might be verified by the Master's book.

I exhibited the letter of the Honorable Arthur Lee, Esq to me, on the exigency of sailing for America, and enumerated the concurring reasons for it, and dangers the frigate underwent, which made it necessary, besides Congress's order for her immediate return to Philadelphia, of which I had a copy; all reasons which justified my sailing in her from L'Orient, having had no order to the contrary from Dr. Franklin, though I had advised him of my intention to fulfil Congress's order, of which I had received a copy; but he would neither give me any to stay or to sail, which implied his tacit approbation to sail.

I gave the reasons why Captain Parks was put under arrest, and that he was released therefrom as soon as he assented to do his duty. I gave also the reasons why Lieutenant Degge was ordered and kept under arrest, till he broke them to usurp the command from me.

I related how the peevishness and bad humour of the Honorable Arthur Lee, Esq (and of other passengers and officers by his example) began a few days after we sailed from Europe, and progressively augmented disputing with me, on account of all the victuals brought upon the table, even with the course and police of the ship, and after his quibblings and insulting words to me at table. How he enticed me not to give chase to the sails we met with, but even to avoid them— How the crew became more and more undutiful, the cause of which I could not prevent, nor even know, as the officers kept from me all the licentiousness of the crew, which they heard, and which they have given in as their evidences to the Court of Enquiry. I submitted the course I had or­dered to be kept, to the Court's judgment, giving them the reasons why I kept it thus, and proved I had always ordered proper sail to be made. I related how I was not obeyed nor seconded by the officers in making sail, when we chased a 32 gun frigate, and some days after a brig.

I produced the certificate of the Carpenter, how the sail was shortened on the 6th of August, 1780, in order to fix a lightning-rod to the main-top-royal-mast head, when some of the crew assembled, and wanted to speak to me; that I sent them word to come five at a time in the cabbin to do it; that James Pratt, who headed about 30 of them, said he would not, but they would speak to me all at once on the quarter-deck; and said to the other, let us go and make sail;— that one of the foretop-men repeated the same words, and accordingly they went forward;—that I told my Clerk to take with him pen, ink, and paper, and the Regulation for the American Navy, and follow me on the quarter-deck, where I found the passengers already assembled together, and saw part of the crew forward in an open mutiny, making sail; that the first word I uttered was to Mr. Elwood, Lieutenant of Marines on watch, whom I ordered to have all the marines instantly [Page 36] under arms; that he would nor do it; that there being but Mr. Lynd, acting Lieutenant, upon watch, I sent orders to Captain Parks and all the other officers to come upon deck; that word was brought me, that they were shaving, &c. and they came not till long time after; that James Pratt, who commanded and directed the others how to set the sails, came from the gang-way upon the quarter-deck, followed by a number of seamen; that I spoke to them in the best manner I could to impress them with a sense of duty; that I told my Clerk to read to them the Regulations for the Navy; James Pratt's answers, and his threats to choose another Captain; that I ordered my Clerk to take down what he said, and his unwillingness to do it; how said Pratt went again with the other seamen to make more sail, &c. that Captain Parks being come at last, I ordered him to have all the marines under arms, and if any refused, to call them by their names, and if they would not obey, to write their disobedience on the list before their names;—how at first he [...]d to elude my order and never performed it, and that he promised me a copy of the marines refusal to obey; that I went myself to Mr. Lynd forward, in order to lower the fore topsail; how, in fine, after I had given all possible and proper orders to have the mutiny stopped, seeing I was seconded by nobody; having heard Mr. Lynd say, "What can a man do against 300 that are of the same mind?"—Mr. Buckly say, "What, in the name of God, can a man do against three hundred?" which were hints that I was alone against all on board, which were of the same mind:—Not obey'd by officers of marines, as I could do no more, the crew being masters of the ship, and I could not take it alone myself from them, I went down.

I related, that when I went to observe the sun at meridian, I saw Lieutenant Livingston and James Pratt walking together on the starboard side of the quarter-deck, but perceiving me, they parted; how the same afternoon Mr. Buckly and others came to tell me the course was altered, though it had not been, and they asked my orders.

How the next day after the mutiny for making more sail, having soundings, I ordered Mr. Buckly to fill again; but instead of that I found him fishing, and was compelled myself to put the helm a-weather.

I showed the certificate of Mr. Pool, of the 6th of August, how I had sent him to ask Captain Parks to send me a copy, certified by him, of the list of the marines as they were called to take arms the day before, with their refusal before their name, which Captain Parks refused to give, saying, he was not my clerk.

I likewise showed my letter and order to him of the same day, and on the same topic, by which I upbraided and charged him of having not done his utmost on the preceding day, to have the marines under arms, as I had ordered him, in order to stop the mutiny; and I finished it by or­dering him to have said list made, an exact copy of the one they were called by, and their refusal to obey wrote before their name, and those who were centry then mentioned, and that it should be signed by him and delivered to me:—Which order I sent him by Mr. Warren, Lieutenant of Marines, whose receipt I produced.

I exhibited my written orders, given on the 7th August 1780 to Messrs. Buckley, Lynd and Larcher, to have the course steered west half south, until I should order to alter it, which was the due course to the entry of the Delaware, and which order was extant and in force when the ship was taken from me. I related, that on the eleventh instant, being taken suddenly sick at table, I arose in order to go to bed, that a passenger at the same time in a hurry, (though dinner was not ove [...]) went out of the cabbin; that soon after James Pratt passed without being opposed by the centry at the cabbin door, and without leave opened and held the cabbin door so, whilst James Baily and another came towards my bed, and said, they came in the crew's, name, who were un­der the quarter-deck, to ask me to go to Boston; that I answered I could not comply with their [Page 37] desire, Congress having ordered the frigate's return to Philadelphia, that they went back, I saw about 30 of them under the deck,—that James Pratt said, he would go to Boston, and the top man before mentioned repeated the same.—That Mr. Buckley first came to incite me to break Con­gresses order—that he was not gone long before he came back with the officers to bring me their opinion to the same intent and purpose, and they would obey me chearfully in going to Philadel­phia if I would show them my order; afterwards they told me to go on the quarter-de [...]ck and speak to the people, though I told them I was sick and had told the people I could not break Congress's order, and could say no more; that Mr. Lynd asked my orders, and I answered, they had them already in writing, which was to keep the course west half south—which course he said would not be altered during his being on deck.

That afterwards all was quiet, and by all what I had seen and heard, I was confident to a cer­tainty that the people would never alter the course, had the officers been averse to it, but I su­spected both passengers and officer had self-interest to prevent the ship's going to Philadelphia, for fear the first mutiny would be searched thorougly into there, where they were in some re­spects strangers more than in Boston; so that in fact, without any compulsion of the crew, the of­ficers and passengers of their own accord having assembled, concerted and collectively agreed to take the command from me; and they had, at ten o'clock in the night, without any noise, clan­destinely altered the course, and made it for Boston; all which proved obviously at the same time my willingness to keep the command, and the preconcerted wilful mutiny of the passengers and officer and their plot to take said command from me. That as soon as I perceived it I crawled as well as I could upon deck, found Mr. Buckly quiet in mind asleep, lying upon a quarter-deck gun; that I called to him, and being awoke by the quarter master, told him to mind the course was altered, he answered very well, I told him he should answer for it; that seeing plainly it was done by the officers and passengers, I judged it was impossible to recal them to any sense of honor to which they were lost and, not being able to have evident proofs how this affair was trans­acted until next day, and suffering a rheumatic pain all over the body I went down.—Next morn­ing I sent for the log-book, which was refused, I could not obtain it until late in the evening, when I saw it I found the mutiny had heen carried on as I had foreseen, by the passengers and officers connected together, who had chosen Lieutenant Degge to command the ship: that it was impossible for me to do any thing against passengers, officers and the crew, which latter were se­duced by the former; that I sent an order to Lieutenant Degge to keep under arrest—then I pro­duced also the order of the [...]3th instant, to the three acting Lieutenants, and the order to the Captain and two Lieutenants of marines, which they all refused to receive.—That being sick—still no-body that would obey my orders, I kept below, as it would have been useless for me to offer to do any thing against every one on board, had I been well.—That on the 16th, being better, I got up and saw one of the ship's boats out, with James Pratt in her, who went and brought on board a fishing boat, I went upon the quarter-deck, where seeing Lieutenant Degge, I ordered him again under arrest, but he would not go. I went down to seal my official letter to the Navy-Board of Boston, but coming up again the fishing boat was off, and her people refused to take my letter, that some time after, hearing a noise, I looked out of one of the ports, saw the breakers in the winds eye by the larboard bow, went up and ordered the helm a-weather, when Lieutenant Degge com­ing up, ordered the people to obey no-body but himself, threatened me when on shore, and all the passengers joined with him, (in particular a French one) till I went down; that being at an­chor in Nantasket-Road, the barge went to Boston with the passengers and officers, without my knowledge, and that I could not have my letter transmitted to the Navy-Board until the 18th; and I told the court, that there was even in the evidence given by men, who were connected in [Page 38] the concerted plot against me proof enough that I had done all I could possibly do for the good of the service; but my orders being prevented taking place by their general opposition, disobedience and mutiny, I had detected them and told them all I knew about it, either in writing or verbally.

As to the charges made against me by the Honorable Navy Board, eastern department, at Boston, I said that Captain Barry, who sat then president in the court, knew that I had never opposed his commanding the Alliance, nor interfered with it by words or facts whatever; that he knew also, that the old table linen, which had been brought to me at my lodging in one of the trunks, I had offered to deliver him as soon as he, or the Navy Board would give me a general discharge for the stores and provisions that were in the cabbin when I was ordered out of her; that I never refused to receive and submit to their orders when consistent with equity, reason and the regula­tions of the navy; that it was proved I had received and submitted to their suspension, and had delivered some wine and other articles to Captain Bass by their verbal order only, and had left the ship as soon as they had sent me their verbal order by a proper channel—but that I had I been unwilling to speak in the Court of Enquiry, it being inconsistent with reason and the regulation of the Navy, as there were real charges against the passengers, officers and crew contained in my official letter to the Navy-Board at Boston, dated August 15, 1780; that I had refused their orders by Captain Parks, as he was charged by me and not try'd, consequently not acquitted, and of course not till then in a capacity to act, that I earnestly desired passing a night in the Navy-Board entry, not knowing where to go, and being exposed to the fury of a crew exasperated against me, which they knew had attempted my life already, and that it was as iniquitous, cruel and disgraceful in them, as humiliating for me, when I had no money, (though so much due to me by the United States) to be forced in the streets in a country where I had no security for my life, nor credit, without affording me any means to be lodged and have subsistance (as ought to have been done, and the cost thereof deducted out of the money owing to me) until I was tried.

The Court rose and parted, without being willing to stay till the Judge Advocate had verified several orders and other papers contained in part of my defence, or rather the confession I had given the Court in writing, and I had others which I had only mentioned in the Court, that I wanted also to be verified by him; but being dinner-time, he said he could not stay, so it ended there.

Not being able to learn in Boston the judgment of the Court Martial concerning my trial, I wrote to the Admiralty, and begged from them to let me know my fate, but had no answer: I determined to go myself in May, in order to know it.—Being there, I applied to the Admiralty Board; they said they could tell me nothing about it. I applied to the Secretary of Congress, and had it, of which this is a copy, viz.

Having been condemned by the above sentence, following four specious articles, made by an unanimous Court-Martial, there remains to prove, by resuming the reasons given in my defence, and the parts of the evidences which justify my conduct, and destroy those articles; that the said Court was either wilfully unjust, or incapable in their judgments: And that I was clear and innocent of the charges contained in the articles preceding said sentence. I am not bound to prove negatives; but by all that I will gather from the circumstances, and of the evidences given, I will prove the falsity of them.

With regard to the first article,

When I resumed my command on board the Alliance frigate, in the road of Penmaneck, at L'Orient, on the 13th June, 1780, according to her officers and crew's request, and the opinion of Commodore Gilion and the Honorable Arthur Lee, Esq of my duty and right thereon—The frigate was ready loaded, having her hold full, besides 67 boxes of muskets between decks. The crew was employed at that time to bend her three topsails to the yards; and Captain Jones had told the officers that very day, he was going to America as soon as the ship could be ready to sail; which implied he had Doctor Franklin's orders so to do. By the letter of John Brown, Esq Secretary of the Admiralty, to me, I was acquainted with Congress's orde [...] for the Alliance's im­mediate return to Philadelphia. In order to accomplish which I wrote, June 15th and 16th, to [Page 40] his Excellency Benjamin Franklin, Esq (which are in the first part of this memorial) that I had resumed my command, would make all possible expedition to have the Alliance ready to sail for America according to Congress's order (which I imparted to him) and asked his in consequence; by which conduct it is proved that though he had previously used me with manifest injustice, I did not forget my duty to him and the service; but he would give me no other answer but leave the ship immediately, which was no order, but a continuation of his abuse of power, and of course tyranny towards me.

As he had given me no order since I had resumed my command, I could not disobey them; for where there is no order there can be no disobedience; but to the contrary, as he had probably given orders to Captain Jones to sail in the Alliance for America as soon as ready; as I had ac­quainted him with the order of Congress for the Alliance's immediate return to Philadelphia, and my willingness to fulfil them being coincident together, his silence, and no order to the contrary was his tacit consent, that I should sail according to Congress's order, as it is an axiom incontro­vertible in that case, that my sailing according to Congress's order not being prohibited, was per­mitted. Therefore if any one was guilty for my sailing without order from France, as his Excel­lency B. Franklin could have his orders transmitted to me in five days time, and that I waited for them from the 14th June till the 8th of July, it was his Excellency's fault, as he would give me none, being exasperated that in vain he had done all he was capable of to take me out of com­mand, in order to place Captain Jones, knowing that had he given me any order consistent with the service, it would have justified my having resumed the command and put me in a station and situation, whence I might have shewed his previous abuse of power towards me.

But in this case would not any equitable court have judged, being deprived of his Excellency's order, whether it was not better to sail for America as I did, when I knew Congress's order for the Alliance's return, and that it was probable his Excellency had given similar orders to Captain Jones: when all circumstances and dangers heretofore enumerated, which the frigate underwent, concurred to make her sailing necessary, or to stay always for his orders to sail, which in all appear­ance he would never have given me.

Had I stay'd, a court with justice might have said, that I was guilty for staying in France with­out permission of his Excellency Benjamin Franklin and against Congress's order to carry the ship immediately to Philadelphia, which I knew and all other circumstances which concurred to make her sailing necessary,—moreover the court which condemned me, acknowledged in the said ar­ticle, that I had motives and advice which urged me to sail, but they could not say that I had any to stay.

Therefore of the two, of which one must unavoidably be done, I determined on the only one justifiable. According to this precedent, whenever a superior will have an inferior found guilty, he will be sure of the means by giving him no orders, as the inferior must do something, or re­main still, in either of which cases he will be condemn'd for having done it or remained still without his superior's permission.

With regard to the second article.

In the first place, there was no goods belonging to me brought in the Alliance, and it is not probable I would have suffered any there belonging to others, when I had orders to the con­trary.

In the Court of Enquiry, no-body had mentioned that any goods had been brought in the Al­liance. But in the report of said court it was said, that "the clearance of Captain Landais might involve the guilt of the crew, & vice versa," by which it may be understood, that I must be con­demn'd, otherwise the crew must be involved in their own guilt; and as they knew they could [Page 41] not make me appear guilty but by their imposition, the following was framed, and Mr. Nathan Blodget (Purser) gave the following evidence:

N. B. I copy it exactly, with the interlineations, as it was wrote by a writer I had in the Court, which ought to be observed.

The material questions from the Court to Mr. Blodget, were as follows:

"Was there any merchandize on board belonging to any of the officers?"

"None, except what belonged to me."

"Was there any private property on board besides your own?"

"Yes; Mr. Livingston had some in his trunk, which he took out of Capt. Smith at sea."

"What value had you on board?"

"I had some upon my own account, some on account of Mr. Arthur Lee, and some for my friends in Boston, all of which was consigned to myself, but it would not all fill more than five trunks."

"What was the sterling amount of what you purchased, and of what was consigned to you?"

"It was to the amount of 550 Louis."

"Who commanded the ship when the goods were brought on board?

"Captain Landais."

"Was it by Captain Landai's consent or knowledge they were brought on board?"

"He knew that I had goods on board."

"Did you ask his liberty to bring those goods on board?"

"No—I informed him, the Captain, after some of the goods were on board that I had, and that I depend upon bringing the rest on board, was my design in going Purser. Mr. Warren, of the Navy-Board, told me that if I brought no more than my birth would hold, nobody would take notice of it; and the Captain told me not to let him know of it."

"Did you ask my leave to bring goods on the account of M. Lee and others?"

"No."

"Does Mr. Lee pay freight for those goods, or not?"

"No," Mr. Blodget observed to the Court, that "it was by his advice that Mr. Lee invested 500 Louis in goods, as I informed that I could bring it in my privilege, and that it would be no damage to any one."

"Were those goods to be sold for Mr. Lee's interest?"

"Yes."

"Did five trunks contain all the value you have mentioned?"

"Yes, and more."

"Where was the ship when the conversation took place between you and the Captain, respecting his telling you not to let him no that had goods on board?"

on board ship

"In L'Orient; but before he came on board, he told me he should not take notice of any thing that was done before he came on board, because I told him Doctor Winship's chief reason for not being in his interest, was, for fear that Captain Landais would turn out the property that he had on board."

"Who is Doctor Winship?"

"The Surgeon of the ship."

"Did he come to America in the ship?"

"No."

"You say he had some goods on board?"

"Yes."

"Who had the care of them on board?"

"Three have told me that they had the charge of them, viz. Dr. Gild, Mr. Win­ship, &c."

"Did Captain Landais know that those goods were on board?"

"I don't know."

"The Court adjourned to Monday, ten o'clock, A. M. 27th Nov. 1780."

"The Court prohibits Captain Landais from making any queries before his taking command at L'Orient."

This evidence, tho' artfully contrived to make me appear guilty, shows its design and falsehood at first examination; for had I really given Mr. Blodget any consent whatever to his shipping goods on board the Alliance, it is unnatural to suppose that of his own accord, four months after the arrival of the Alliance, he would have confessed his own guilt of bringing goods, which would have proved his ingratitude, without alleviating his crime.

It must be observed, that in the foregoing questions of the Court, which were chiefly put to the evidence by Captain Barry, or the Judge Advocate, and in the answers to them made by Mr. Blodget, that neither are made or answered directly to know or prove, 1st, That I was in command of the Alliance when Mr. Blodget spoke to me about goods. 2d. Whether or not I gave him leave to bring goods in the ship▪ To the contrary, the questions are made for the indirect answers given; as if they had been agreed upon, and what questions they would make, and what the evidence should answer, in order to make me appear guilty: And by the addition of a few inter­lined words to the written evidence, prevent me of the right to cross-question on those material points.

(N. B.) In the 6th question, if the interlined words (or knowledge) were suppressed, there re­mains an indirect answer; as I may have even knowledge of a thing, and yet not consent to it.

In the 7th question, if the interlined words, I depend upon bringing the rest on board, are suppres­sed, it may be understood, that after Mr. Blodget's goods were on board without informing me thereof, he informed me that he had, and that was his design in going Purser, to bring goods on board; and that Mr. Warren told him, that if he brought no more than his birth would hold, nobody would take notice of it: Which evidence, in that sense, is true, as far as he told me about a month before I resumed the command; (and in the time that conversation passed, I had no certainty or even expectation of resuming the command, as may be seen in the first part of this memorial, by the date of the invitation of the officers, and the opinions of the Honorable Arthur Lee, Esq and Commodore Gillon, about resuming the command,) that Mr. Warren or the Navy-Board had given him leave to bring goods; but they having given me orders to the contrary, and I had such an high opinion of those gentlemen's integrity, that I may have answered to not let me know it, as he had no writing from them to justify what he said.—But to the contrary, in ad­mitting the interlined words to make park of the answer, and taking the sense Mr. Blodget wanted to be understood, to make it appear I gave a tacit assent in saying not to let me know it, after he had just let me know it, could not be taken for an answer, but for an absurdity.

The 8th question and answer prove positively that I gave no leave whatever to bring goods on account of Mr. Lee and others.

The 9th question's answer is remarkable, as it proves that the honorable Arthur Lee, Esq had to the amount of 500 Louis in goods on his own account, in the 550 Louis in goods Mr. Blodget [Page 43] had in all on board, and in saying it was by his advice that Mr. Lee invested these 500 Louis in goods, &c. but what can be meant by his privilege that would be no damage to any one? It cannot be the absurdity he pretends I told him, not to let me know it, for every one on board had the same right; but if he meant that privilege which he said Mr. Warren had given him, if true, it was really a privilege to him, as nobody else had the same, and I had even orders from the Navy-Board to the contrary: Therefore, as he said I gave him no leave to put Mr. Lee's and other goods on board, I was not guilty for his putting them in his privilege.

If the 10th question means, as it may be understood, "Did five trunks contain all the goods you have mentioned." The answer, "Yes, and more," is positive; and if believed as well as that all the goods Mr. Blodget had belonging to him and to others amounted but to the sum of 550 louis, and that Mr. Lee had for his particular account for 500 louis in that sum—remains only for the account of Mr. Blodget and others for 50 Louis of goods, which is the 11th part of the total sum; and if all those goods were about the same value for the same bulk, it may be computed that Mr. Blodget's and other goods, without those of Mr. Lee, would not fill more than half a trunk; and that Mr. Blodget, being Purser, had opportunity and place to hide such small quantity of goods, without acquainting me with it.

The 12th question, though there is a whole word and a letter omitted in its last sentence, sup­posing it to mean this, "Where was the ship when the conversation took place between you and the Captain, respecting his telling you not to let him know that you had goods on board?" if so, and the interlined words, on board ship, are omitted, as they must be, otherwise it would not be an answer to the question; as it would be, Qu. Where was the ship,? &c. Ans. On board the ship, &c. but if omitted, the answer is, In L'Orient, but before he came on board; which six words after the comma are relatives to In LOrient, as well as to the rest of the answer; therefore it was previous to the time I went on board and resumed my command (as the ship had been there three months before) as I never went on shore since; which part of the answer is true in that sense, that the ship was in L'Orient; when long before I went on board, not knowing that I should ever resume my command, a transient conversation took place between Mr. Blodget and me, about his telling me he had leave of the Navy-Board to bring, goods, and my answering, I had their order to the con­trary, and I never said otherwise. And what proves that I never varied from that principle, is that my first queries, being on board the ship, in the presence of Mr. Blodget and all the officers, was, What goods were on board? upon which I was answered, that in the hold were cannons and barrels of powder, and between decks boxes of small-arms. As his telling me that he supposed Dr. Winship's chief reason for not being in my interest, was for fear Captain Landais would turn out the pro­perty he had on board. This part of his answer, if it was true, would prove him to be an informer and accuser against a friend and countryman, to be added to his other unrighteousness; and proves that he answered so merely to charge me, that he had acquainted me with Doctor Winship's having goods on board; as in his last answer of that day he said, he did not know whether I knew those goods were on board.

The 17th and last question of that day made by the Court, is contrived for the answer, as if the questioner had known the falsehood of the evidences given before to charge me, and had been willing to give opportunity to Mr. Blodget to deny his evidences about goods whatever, so that the charges should stand against me; for in the 12th answer, Mr. Blodget intimated that he had acquainted me that Dr. Winship had goods on board, therefore the question cannot be for those goods in particular; but if it is made in general for all the goods mentioned, the answer must also be general, and must be a denial that I knew of any goods being on board the ship.

[Page 44]The Court being met again the following Monday, there were put to Mr. Blodget on the same subject these questions, viz.

"What did you mean when you said all the goods were consigned to you?"

"I mean all those that belong'd to other people that were consign'd to me."

"Did not you think it most for your interest to come to Boston?"

"Yes."

As these two last answers contain nothing particular, and the rest of Mr. Blodget's evidence related things which took no place in the articles made against me, I take no notice of them.

When Mr. Blodget had ended his evidence, I offered to cross-question him upon these material points, viz. whether I had resumed the command when he said he had spoken to me about goods, and whether I had then given him any tacit or explicit assent or encouragement to have goods on board; and whether he had acquainted me that he or any body else had goods on board?—but the Court would not admit my questions, saying, they were already made, and the answers to them given: I insisted, and went to my writer (who I had never suspected before) which had wrote down the evidence, to prove by it that the answers were inconsistent with the questions, and not direct to the purpose; but one may easier imagine than describe my surprise and indig­nation when I saw the added interlined words, which gave to the answers the full extent that was wanted to make me appear guilty, and prevent my cross-questioning on those point. Though the cheat was as obvious as gross and black, I could not mend it, as there was no by-stander, or any body that I could apply to for redress or testimony, and all I said availed nothing.

Seeing it was in vain for me to contend with those of the Court which appeared to me to have led the others all along, and whom I had strong suspicion were the authors of the last deed; I undertook another way to bring Mr. Blodget to the time of the conversation mentioned. I pro­duced a letter which he had wrote to me at Paris, and made those questions, viz.

"Did you write to me while I was at Paris?"

"Yes?"

"What was your opinion as to my virtue?"

"I had a very favorable opinion of your virtue and humanity in general."

"How could you make such a proposal, soon after my arrival at L'Orient, to a man of virtue, to let you bring goods against his orders?"

Captain Barry did not give me time to finish this question, but said, "The Court prohibits Captain Landais from making any queries before his taking the command."

I represented to the Court, that the Court of Enquiry, whose report had made the Court Mar­tial take place (both the warrants for the two courts prefixing the same time when to begin) had begun their enquiry from the time I arrived at L'Orient. Moreover, that the Court sitting had received from Mr. Blodget evidence against me, alluding to time previous to my going on board to resume my command, without mentioning how long before; and I showed them the 12th answer, which contains it. But Captain Barry being against it, fearing, I suppose, I should bring the truth to light that way, put it to the Court, who having deliberated on the matter, gave this answer:

"The opinion of the Court being taken, whether Captain Landais should have liberty to ask Mr. Blodget any questions previous to his taking the command at L'Orient, was determined in the negative; and Captain Landais not choosing to ask any questions unless he could be indulged to question Mr. Blodget relative to his conduct from the time he arrived at L'Orient, Mr. Blodget was dismissed."

My writer, who wrote this, did not mention my representation to the Court; neither that I told them since they prevented my cross-questioning Mr. Blodget from the time he had alluded to [Page 45] in his evidence, I would not cross-question any body else, being useless for me; being persuaded, by the conduct of the Court, of their intention; and seeing it was unnecessary to be there, I begg'd as a favour the Court would exempt me from attending there any longer, but they would not grant my request.—I dismiss'd and paid my writer, having experienced too much his abilities.

I must remind the reader, that though I had asked several times that the Court would order Lieutenant Elwood to give his evidence, he was the only one of the officers who did not; because in the Court of Enquiry he had given in his evidence several depositions which would have proved fully against the articles the Court Martial designed to make against me; in particular he had said, that "I would not even permit him (Mr. Elwood) to have two hogsheads of wine for the ward-room stowed in the hold, for fear he would bring them to America; and that he had part bottled, and the rest given away." Which would have proved that I was so far from granting any private thing to be brought to America, that I opposed thus the officers who I must have ordered to receive Mr. Blod­get's goods on board, which is incompatible and incredible, as they would have deposed my order thereabouts.

Besides, had the Court been willing to do their duty and justice, it was in their power, as Mr. Blodget could not put those goods on board without the Lieutenant on watch knowing it, and the marine officer on guard; and the Master could not stow them without my leave, unless brib'd by Mr. Blodget: and if I had given leave, the Master would have entered it in his book, which was before the Court Martial all the time, where there was no such thing mentioned. Therefore the Court Martial wilfully or ignorantly not only cleared Mr. Blodget of his evident crime, but charged me with it in making the second article, though every thing concurred to evince my innocence.

This will be a precedent for any one that will have his Captain condemned against all proofs to the contrary, to say he has brought goods, and that the Captain told him "not to let him know it."

I have thought proper to put in this place Mr. Blodget's evidence against me about goods all at length, and the Court's behaviour on that subject, as a single instance of the Court's conduct du­ring my trial; and how the Court and Evidences believed me clear of any blame whatever, since they were compelled to contrive and support such things to have me condemned.

As to the 3d article;

Although I was very sedulous in all branches of my duty, it was in vain, as the passengers, offi­cers and crew, after the latter were alienated from me by the influence of the former, and were all so mutinous, so much of the same mind, so connected together, so watchful to hide one another's crimes from me, that it was impossible to know what plots they were about between decks, in the ward-room, or cock-pit, when I was on the quarter-deck or in the cabbin, nobody acquainting me thereof, as may be seen by the instruments in writing given by the officers and passengers, in the following evidences given in the Court of Enquiry, viz.

Mr. Buckly said, "The first instance of any kind of disturbance within my knowledge, was Mr. Degge's confinement, upon which a general dissatisfaction arose against Captain Landais; and some of the men went so far as to say in my hearing, that they would release Mr. Degge."

Mr. Buckly assented to it, and very likely encouraged it from that time, since he never acquaint­ed me thereof, and effectually concerted, plotted, and signed the insidious piece with the other officers, given to the Court of Enquiry, for the release of Mr. Degge, and taking the command of the Alliance from me, as was done.

Mr. Buckly further said, "Thomas Baily and James Pratt came to us in the ward-room, and asked our opinion about speaking to Captain Landais upon altering the course of the ship, as she was then steering west half south."

[Page 46]Mr. Buckley, or any one of the ward-room officers, never acquainted me with this; which proves that the officers and crew concerted privately together their plot, since the officers put it in execution.

Parts of the evidences omitted to be wrote down by the Judge Advocate:

Mr. Larcher said, "I enquired of some of the people, whether they would rather go to York than Philadelphia? They answered, they had rather go to York, for there they should get exchanged without any great expence."

I was never acquainted with this neither.

Mr. Elwood, Lieut. of Marines, said, "On the 10th of August one Pratt told me, if I delivered the keys of the arm-chest to the Captain, they would have my life."

This proves that officer, and perhaps all others, were parties, or in the plot of the crew; and I was never acquainted with this, neither with any thing whatever, relative to what preceded their open mutinies; therefore the officers were guilty for keeping secret those things from me at least, and very likely of planning and encouraging them.

Besides, the passengers and officers deposed in the Court of Enquiry, and owned and gave in writing there, signed by them (in the insidious piece they made in order to justify their clandestine mutiny in taking the command during the night from me, and giving it to Lieutenant Degge,) that they consulted and agreed in the ward-room together upon those facts; (for which crime, upon their own deposition, they were, by the 27th article of the regulation, proved guilty, with­out further trial, and condemnable to suffer death); all which I was unacquainted with until after in was put in execution: Therefore it was impossible to inspect things utterly unknown to me, though such was the behaviour of the passengers, officers and crew.

Moreover, being all in the plot against me alone, had they done those things even in my pre­sence, it was out of my power to prevent or punish them collectively or separately, and I could have done no more than I did, which was to protest against their deeds.

I detected, and would have brought to punishment the offenders-on board, had the Navy Board, Court of Enquiry, or Court Martial been impartial, and willing to have justice done; since on my arrival, by my official letter dated on board, August 15, 1780, to the Hon. Navy-Board at Boston, and which was before the Court Martial, I acquainted said Navy-Board, "that I had two revolts of the crew, the first on the 5th instant, in which I was not supported in endeavoring to prevent it:"—By which the crew are not the only detected, but also the officers in general for not supporting me, and the officers of marines in particular, as it was in them that the executive power laid in that case, which I ordered in vain to be put in execution.—"The second on the 11th instant; in this the passengers and officers had hands (as per log-book) for it was by them the course was altered, contrary to my written orders; they advised, requested, and charged with a Lieutenant to bring the ship here, which he has effected, though he was under arrest." And I added, "You see, gentlemen, by the above pro­ceeding, it is to be suspected that a great many are concerned in this revolt, some out of policy, others by adventure interest, and all the guilty in the first revolt, through fear that the occasion of it would be better searched into at Philadelphia than it will be at Boston. I was taken ill on the 11th instant. All that has been done since was without even advising me thereof. Here are two ringleaders of the revolt on board, but I cannot have them secured till I have some body to obey me, and I suppose the intention of every body is to exculpate them. All the officers refused to receive my written orders; some said they received Mr. Degge's orders, who is the Lieutenant chosen for the purpose. I am, &c."

By which extracts the passengers and officers are impeached of having altered the course, con­ [...]ary to my written orders; of having plotted together for taking the command from me and giving [Page 47] it to a Lieutenant who was under arrest: all which was corroborated in the Court of Enquiry by their own evidence.—I likewise impeached the two ringleaders of the first mutiny.

Moreover, I likewise impeached the officers also of disobedience, in refusing to receive my written orders; therefore a detection, and a disposition to bring the offenders to punishment, could not be more fully made appear than it was in that official letter which the Court Martial had before them.

Mr. Lynd, acting Lieutenant, in his evidence given in the Court-Martial said, (speaking of L'Orient) "I heard Captain Jones was coming to America, and there was a letter said to be sent on board, ordering the ship to sail; which letter was said to be from Congress, ordering the ship to sail for America. I heard Mr. Elwood say, that the ship was ordered for Philadelphia."

Therefore the officers knew Congress's order, even by the pack of letters that Capt. Jones had directed to be transmitted to the crew, which were delivered to me.

He said, about the first mutiny, "I went and informed the Captain that the people wanted to speak to him; he desired me to tell them to come five at a time, and he would speak to them. I went up and told them, and they answered, that if they could not all go none would go. They then went on the quarter-deck, in order to make more sail. I went to acquaint the Captain—he came upon the quarter-deck, fol­lowed by Mr. Pool, his Clerk, holding several papers. He called the marine officers—Capt. Parks was not on deck then—The Captain desired Mr. Elwood to call the Marines, and get them under arms—Mr. Elwood did not call the marines, that I know of—I don't recollect seeing the marine officers open the arm-chests. After Captain Parks came upon deck, I did not see the marines under arms. The Quartermaster who spoke to the Captain, and told him to make sail, was James Pratt; but I don't think the name he gave Captain Landais was his right name. The Captain and I went forward to let go the hallyards, and found they were rack'd aloft, and could not get the fore-topsail down. The Captain went aft and spoke to Mr. Buckly, and begged that he would go and take a reef in the fore topsail, and desired him to take the officers with him for that purpose. I went forward with him and Mr. Larcher; we found it impossible to do it, as the people would not suffer us. Mr. Buckly asked the Captain, in the name of God what he should do, when there was so many against him?"

By those extracts of Mr. Lynd's evidence, though he tried to hide the truth all along, there is enough to prove that I gave proper orders necessary to stop that mutiny, which were not executed by the officers, through their fear of the crew, or disinclination to obey me. In the part of the evidence of Mr. Lynd given in the Court Martial, relating to the plots of the passengers and offi­cers against, and their taking the command from me and giving it to Lieutenant Degge, the truth is still more hidden than all the rest; and he tried all he could to charge me, by misrepresenting things in order to exe [...]pate himself and others of their crimes, as might be expected of such guilty persons, after four months consultation together.—As there are some interlined words, I will write them as they are.

"How long did Degge remain under arrest?"

"I don't know that he was ever legally released."

"Relate what you know concerning the taking the command of the ship from Captain Landais."

"I believe about that time the Captain gave out written orders to the Lieutenants, but they were such as it was impossible for us to obey.—The 11th of August the people came aft to speak to the Captain; [...]hey returned upon deck and acquainted me that the Captain would give them no satisfaction; and it being my watch upon deck, insisted upon my altering the ship's course, and I told them I would not, and the officers gathered together and informed the people that it would be very dangerous to do any such thing. I went and informed the Captain of the [Page 48] uneasiness of the people, and desired him to come up. What! says he, would you have me speak to rebels? and said he would have nothing to say to them, and turned into his cott. I returned upon deck, and acquainted the officers that the Captain would do nothing to quiet the people; the officers thought that it was necessary that something should be done; and that if the Captain would not take the command, that they would themselves.—The officers assembled together, and drew up a request in writing to the Captain, informing him of the situation of the ship, that the people would not defend the ship unless he would carry them immediately to America; which writing Mr. Blodget attempted to read to the Captain, which he would not hear, nor take notice of; upon which the officers look'd upon it that the Captain had given up his command, therefore thought necessary to appoint some one to take the command, and that Mr. Degge was the most and we appointed him, suitable person, and insisted upon his taking the charge of the ship, as none else would, and he and we all obey him as our Captain took it accordingly."

and you took the command from him

"Did you not look upon it as a mutiny when the people refused to obey the Captain?"

"Yes."

"It don't appear that there was any pains taken by the officers to quell the mutiny."

"Who should have sat the example?"

"Did you ever hear any of the passengers say any thing relative to altering the ship's course?"

"Yes, I've heard some of the passengers say they had rather go into Halifax or York, than Philadelphia, as they could get sooner home than from the southward."

These extracts of Mr. Lynd's evidence given in the Court Martial, about the passengers and officers taking the command of the ship from me, and giving it to Lieutenant Degge, are so contri­ved that it would be impossible for me to justify my dutifulness in that respect, had I not other similar evidences of the other guilty to have recourse to, as he artfully concealed the truth in his premeditated answers, either to clear himself and others, or not justify me, by altering the truth in adding something of his own.

The other extracts of evidences are as follows:

The Honorable Arthur Lee, Esq in the Court of Enquiry, said, "That on the 10th of August, being in the cabbin, two sailors came to the door, and mentioned that all the seamen were at the door with­out, and wanted to see the Captain; he said he would not speak to them;—but saying that they wish'd to go to Boston, he said his orders were to go to Philadelphia. The two sailors then went out, and all the seamen were much discontented, uttering high words, to the effect they would go themselves—this was at 3 or 4 o'clock, and the Captain went to bed."

Mr. Buckly, in the Court of Enquiry, said, "That on the 10th August the people came to desire me to alter the course of the ship, but I told them no such thing should be done, and I even drove them away from the quarter-deck."

Mr. Thomas Lee, in the Court of Enquiry, said, "On the 10th August, Mr. Lynd with Mr. Livingston, waited on Captain Landais, who had retired to his cott, requesting him to come and pacify the men; but was answered, he had already given his orders, and he would not speak to a pack of rebels. This I heard myself."

Mr. Blodget, in the Court-Martial, said, "On the 10th of August he went with the officers into the cabbin; the Captain said he had his orders to go to Philadelphia; Mr. Elwood asked him to show his orders; the Captain said he would not, for that was not customary. There was a good deal passed that I cannot recollect. The Captain said he was sick, but he did not appear to be so."

"Was there any signs of a mutiny at that time?"

"The officers and passengers said there was."

"Did you ever hear any one passenger in particular advise the officers to take the command from the Captain, and give it to some one else?

"At the last revolt, in the last disturbance, we read a letter, signed by all the passengers, so to do; but Mr. Lee being a person of consequence, was particularly attended to."

In those extracts of evidences all given, by men known to be my enemies, whose lives were at stake, there is enough that appears to prove that I had done my duty. For Mr. Lynd acknow­ledged that I had given a written order to the Lieutenants, which was extant on the 10th August 1780—having never been recalled or altered by me, which was to have the ship steered west half south. The Honorable Arthur Lee, Esq acknowledged that on the same day two sailors came in­to the cabbin to speak to me, who mentioned all the seamen's being without door, who wanted to see the Captain: I said I would not speak to them, but saying that they wished to go to Boston— I said my orders were for Philadelphia—The two sailors then went out, and all the seamen were much discontended, uttering high words, to this effect, they would go themselves. This was at 3 or 4 o'clock, and the Captain went to bed. Mr. Thomas Lee acknowledged, that on the same day Mr. Lynd came with Mr. Livingston to me, that I was in my bed, requested me to go and pacify the men, but I answered I had already given my orders, (which referred to my written or­der, as I had given no other.) Mr. Buckly and Mr. Lynd acknowledged, that on the same day the people desired them to alter the ship's course, that they answered, they would not, it should not be altered, and Mr. Buckly even drove them from the quarter-deck, (and it is not said, the people desired or attempted to have the course altered after that.) Mr. Blodget acknowledged that on the same day he, and all the officers went into the cabbin; that I told them I had my orders to go to Philadelphia; Mr. Elwood asked me, if I would show my orders; that I said I would not, for that was not customary—that there was a good deal passed that he could not recollect; that I said I was sick, but I did not appear to be so—that on the same day of the last revolt in the last distur­bance, Mr. Blodget and the officers read a letter, signed by all the passengers, advising him and the officers to take the command from me and give it to some one else; but Mr. Lee, (who had signed it first) being a person of consequence, was particularly attended to.

Therefore, by these extracts it its sufficiently proved, (though the whole truth is not contained in them, as I have heretofore related in speaking of that which happened on that day) that I spoke to the people and told them Congress's order was to carry the Alliance to Philadelphia, [...]d that I could say nothing stronger than that to them to remind them of their duty; that I said the same to the officers, and confirmed my order to them, to have the course steered west half south, which was the direct course for Philadelphia, being then at noon in 42° 12 lat. north, and 62° 51 west longitude, and consequently that I did my duty as far as laid in my power, and proved a good example to the officers by my willingness to obey Congress's order. But that in the circum­stances then had I been well, and done any thing more to prevent the combined mutiny of the officers passengers and crew, it would have availed nothing, as the Honorable Arthur Lee, Esq who was particularly attended to, during the plot against me held in the ward room, being in all appear­ance under fearful apprehensions of going directly to Philadelphia for several reasons, tho't Boston was a safer and easier place to land his goods, and learn from his friends there what turn his af­fair with Silas Deane, Esq had taken before Congress; and by these reasons, his animosity, and other views against me, he signed first, and after him all the passengers, that insidious piece against me, containing his undeniable advice to the officers to take the command from me and give it to some other person; and accordingly the officers, by another similar one, assented to it; [Page 50] and it was given in the middle of the night, (when the ship was going under all sails sat west half south, the wind being pretty fresh, and the men very quiet) to Mr. Degge, who was under arrest for having mutined against my order, who was tho't the most suitable, and he did not, nor any of the officers, offer to follow my example, in discharging his duty by endeavouring to obey Con­gress's order, to carry the Alliance to Philadelphia, (though the heavy artillery and powder she was loaded with was suspected to be for the siege of New-York) but to the contrary, followed the Honorable Arthur Lee, Esq advice, altered her course for Philadelphia, and carried her to Boston.

I believe I have sufficiently demonstrated, that the Court Martial made without any foundation whatever, the 3d article against me, by charging me with the passengers and officers obvious crimes.

By this precedent when the officers of a ship will agree together to take the command of a ship from their Captain, let him be never so dutiful, they may do it, (though it is against all nau­tick laws to do it upon any pretence whatever) and break all superior orders, and the Captain must be condemn'd for it.

As to the 4th Article.

Captain Barry, who sat president in the Court Martial to judge me, and who was already my successor in the command of the Alliance, knew that I never opposed his taking the command of the Alliance, nor interfered in it by words or actions whatever. He knew also the old table linen, which had been brought to me in one of my trunks at my lodging, I had offered to deliver him as soon as he or the Navy Board would give me a general discharge for the stores and provisions that were in the cabbin, when I was forced out the Alliance by the Navy Board's order, because part of those had been plundered, as soon as I was out of the ship, by the neglect of the Navy Board or Captain Barry, in leaving no body to take care of them.

But though Captain Barry knew those things, he never told it to the court, for fear I should be acquitted and re-established again, and he debarred from the command of the frigate Alliance, by its being restored to me; or the court, convinced that I was guiltle [...]s of the charges contained in the three first articles they had made against me, thought proper to make the fourth similar to them.

It is added in the same article, that said court took into consideration that I was without credit or money, &c. Indeed I was without money, as I had spent since the year 1777, when I entered the United States service, all my own money; and since my last arrival in Boston I had spent 100 Louisdor, that I had brought for pocket money, to pay the Judge Advocate for giving me a copy of the evidences he had wrote in the Court of Enquiry—to pay two writers I had during said Court of Enquiry for taking down those evidences, &c. But I ought to have had credit as I was myself a creditor of large sums to the United States, for which I had applied to the Admiralty Board, as there was one of those sums due to me in the year 1777, which was ordered by a third resolve of Congress, in March, 1779, to be paid me; which sums altogether, by a series of injus­tice from all parts, though I have since repeated my application to Congress and their Minister for that purpose, being out of their service, to be paid, it had been all in vain.

In the supplementary article to the four made by the Court Martial, it is said that I greatly suffered from a mutinous disposition in both passengers and officers, and from a real mutiny in the crew of the ship.

1st. Since the Court Martial acknowledged that the passengers and officers were both of a mutinous disposition, they must have had proof of it; and they could not have had proof of it, unless the passengers and officers had actually mutinied against me; and really, though the Court [Page 51] Martial tried with as much art to exculpate the passengers and officers, as they did to make me appear guilty, their mutiny on the 10th August was more palpable, obvious, and undeniable to the Court (as there was my written order for the course to be steered west half south for Phila­delphia, extant, as well as the two insidious pieces of writing, plotted, concerted, written & signed in the ward-room, one by all the passengers, the other by all the officers, for taking the command of the frigate from me, which they effectually did, and broke Congress's order and mine, in alter­ing the course, and bringing her to Boston) than the other real mutiny of the crew on the 5th inst. (as there was of this one no testified proof, signed and acknowledged by the authors, as there was of the other) by the Court Martial.

Moreover, I suffered from the passengers and officers mutinous temper, because they mutinied against my willingness to do my duty, in obeying Congress's order, and did quite the contrary.— Was ever his Excellency General Washington condemned, tried, or even impeached, when the Pennsylvania line mutinied and left the army? No; because he could not prevent it.

I do not pretend to compare my abilities to those of that Great General; but I may say, my intentions were ever as pure and as good as his Excellency's—and in that case he had all the offi­cers, and three quarters of the army left, and willing to obey him; and I had not a man what­ever.

2d. How could the Court Martial admit the evidence against me, of men who had evidently forfeited their life and could recover it but by charging me, and whom they acknowledged had made me suffer from their mutinous disposition when on board the ship; could it be expected that those mutinous disposed persons, after being kept four months together on board the ship at Boston, would own the truth, by which I must be acquitted, and they condemn'd to death? it was more natural to think the contrary, that since those persons being proved guilty of having made me suffer from their mutinous disposition when on board, would continue and increase that dispo­sition in subverting the truth, in order to charge me and have me condemned to satiate their ani­mosity, and prevent my evidence against them, and agree to say any thing to save their life. Those things were palpable. But it appears that the court was all the time unanimously deter­mined to have the innocent condemned, and the guilty, as much as they possibly could, acquitted.

3dly. How could the Court Martial make the 2d article against me upon the bare evidence of Mr. Blodget, (who was one of the principal among those guilty persons by his interest and entice­ment to come to Boston) against all the proofs given heretofore to the contrary.

But it appears that the Court Martial, having no foundation to make any article against me, was compelled to make one upon his apparent falsehood, in order to have me condemned.

4thly. How could the Court Martial construe the 3d article against me, wherein it is said, that I am guilty in not exerting my utmost abilities to inspect the behaviour of the passengers, officers and crew, &c. though, besides all the proofs I have given to the contrary in the supplementary article, they acknowledged that I greatly suffered from a mutinous disposition in both passengers, officers, and from a real mutiny in the crew of said ship, which demonstrates the impossibility I was in, having every one on board against me, to inspect the behaviour and plots of the passengers, officers and crew, who being all of the same mind and disposition, kept all secrets from me But the reason of the Court Martial's making the 3d article against me, may be ascribed to the same motive which made them make the second.

The fourth article made against me by the Court Martial, though they knew that I never op­posed, in any degree, Captain Barry in his command of the Alliance, appears to have been made upon the same principle they had made the second and third—and the first article proved my dutifulness and judgment in sailing from L'Orient, as I knew Congress's orders to carry the fri­gate [Page 52] directly to Philadelphia; and I had motives that urged me also to do it, and there was none for staying, having wrote to his Excellency Benjamin Franklin, as soon as I resumed my command on board the Alliance at L'Orient, acquainting him with Congress's orders, who would give me none, and of course was the only person faulty in that case, as his silence was a tacit consent, since he gave me no order to the contrary.

It is perhaps proper, before I dismiss this subject, that I should remind the motives which influenced me to make this appeal to the impartial wisdom of the public. Conscious that I have faithfully discharged my duty in all respects, through the numerous difficulties I underwent, with all possible disadvantage, during my command in the American navy. I considered it as the last duty I owed to that service, to expose to public view the artifices, malice and designs of my ene­mies, to shew the steps which led to my disgrace—the powerful combination formed to ruin me, and the characters most active in this flagitious business; exposed not only to the jealousy and prejudice of the officers of the navy in general, which has appeared from the cicumstance of their petitioning for my removal two years before, and in particular of the principals of my judges in the Court Martial, who had besides self interest to destroy me, in order to ensure the command of the Alliance to themselves; I had the Navy-Board at Boston my declared foes, and a Judge Advocate subservient to their purposes. I have been, as stated, the marked object of the venge­ance of his Excellency Benjamin Franklin, Esq and consequently of his partisans, particularly his all-powerful friend the Honorable Robert Morris, Esq on one side, and the Honorable Arthur Lee, Esq and party on the other.

Guiltless as I am, is it to be wondered that I have fallen a sacrifice to the malice of my ene­mies? and to save the guilty, that I have been condemned without proof, nay contrary to evi­dences offered in my justification on my trial?—my character and reputation as far as their influ­ence extended, blasted—that my fortune has been ruined, by having large sums due to me with­held from me, some since the year 1777, by the immense power and influence of the Honorable Robert Morris, Esq and the persons before named, to satisfy their insatiable malevolence.

I will now conclude this second part; but in justice to the gentlemen of Boston, cannot forbear to declare the graceful sense I entertain of the delicacy of their conduct during my trial: Though they were generally acquainted with what had taken place on board the frigate Alliance, and though Courts Martial were usually very crouded, yet they did not in any degree countenance this prosecution, even by their appearance in court, being confident that a sacrifice was about to take place, and therefore forbore to attend.