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> r ' ' •■ - v ’ »■ id CATSKILL, (N E W - YORK O ^ P U B L ISH p J BW M £ C K A T CkOSW ELL. ' - - m ' ■ ,.;.v ■ _ J p . : >r . . .. * [V O L . II.] M O N D d T , OUober%i,, 1805. • . [N o . 7 5 , ] ' From the National Intelligencer» PRO C E E D Il^G S OF A COURT OF FNQJ/IRr, ON THE CONDUCT OF Capt. Wm. Bainbridge^ \ THE LOSS OF THE WNITED STATES FRI GATE PHILADELPHIA. SIR, United States ship Constitution^ Syracusey 2<^lh June^ 1805, I am authorifed by the honorable the Secre tary of the Navy, to dire 6 f, that on board the United States’ frigate Prefident, under your command, you commence a court of en quiry on Captain W il l i a m B a in b r id g e , late commander of the United States’ frigate Philadelphia, for the lofs of faid frigate, and that you report to me in proper form the ivhole extent of the enquiry of faid court, with its decided opinion thereon, in order that I may tranfmit the fame to the Navy De- .partment of the United States. The court of enquiry will confift of three members, yourfelf and captains Hugh G. Campbell and Stephen Decatur, jun. I have the honor to be, Sir, ^our obedient humble fervant, JO H N RO D G E R S . Capt, yames Barrony commanding'y the U. S. frigate President, 5 In conformity to the foregoing order, the court convened on board the United States’ frigate Prefident, at anchor in the harbor of Syracufe, at to o’clock A. M. June 29,1805, prefent, the Prefident and Members of the Court, and William Eaton, Efq. a£Ung Judge Advocate, and being opened according to law, Captain Bainbridge was notified that to pfocecu ~to ' attended, and the court entered upon the en quiry by examination of witnefTes. Lieutenant David Porter, of the late fri gate Philadelphia, lieut. Jacob Jones, lieut. Theodore Hunt, lieut. Benjamin Smith ; Mr. William Knight, failing matter, lieut. Wm. Ofborn, of the marine corps, Mr. Keith Spence, purfer, Daniel J. Patterfon, Benja min F. Read, and James Gibbons, matter’s mates ; midfliipmen James Biddle, James Henfhaw, and--------- Ariderfon ; Richard Stephenfon, gunner, George Hodge, boat- fwain, and William Godby, carpenter, all of the faid frigate, were fworn and approved as witiiefles. Lieut. David Porter tettified, that on the jift Odober, 1805, about 8 o’clock in the thorning, the fhip Philadelphia, then under the command of Captain William Bainbridge, and cruizing off the port of Tripoli, the wind from the eaftward, and the frigate ftanding in and nearing fhore, difeovered a fail on her weather bow, running to the weft ward, to which fhe gave chafe. The fail was foon diftinguifhed to be an enemy’s corfair ftand ing into the port of Tripoli. The Philadel phia continued the chafe until fhe came into about eight fathom water, keeping up a con- ftant fire on the enemy with her bow guns, until it was found impoflible to come up with her without danger of approaching too near the fhore 5 confequently flie bawled out to gain an offing. She had conftantly three leads going, one dipfey and two hind leads 5 a lieu tenant tending the dipfey, and a midfhipman or matter’s mate at each of the hind leads. The fhip had about eight nots way upon her. This witnefs was ordered fcto the mizen-top to, look into the harbor of Tripoli, and obferve if any cruizers were in port. At this inftant the water fhoaled, and the helm was put down. He had gotten about half way up the mizen rigging, when he felt the fliip ftiike. He immediately returned on deck. All fails were inftaiitly let to endeavor to force her over the bank. Finding this did not fucceed, Captain Bainbridge afked the v/itnefTc’s opi nion what could heft be done ? who requeft- ed him to confuit his officers generally. The lead had been hove under her bows in about twelve feet w^ter. The fhip lifted at times abaft, and the helm was then clear. The enemy’s gun-boats were already feen coming out of port, nine in number, as nearly as the witnefs recollefls. A boat was fent out to found around the fhip, and deep water was found aftern. The officers being confulted, were of opinion that endeavors fhould be ufed to back the fhip off by a prefs of fail; and if that fhould not fucceed, to run the guns abaft 5 both were done, and at the fame time the anchors cut from the bows, but to no effect. It was then the opinion that the guns fhould be hove overboard, referving only enough to refift the gun-boats 5 this was done. In the mean time the enemy paffed under the fire of the frigate’s ffern guns, and took a poGtiou on the ftarboard and weather quarter wffiere no guns could be brought to bear on themi by reafon of their advantageous pdfition and the deep heel to port and fixed pollute of the ftiip. Captain Bainbridge now called another council of thg officers, who were of opinion that the water fhould be ttarted in the hold and pumped out, and all the heavy articles hove overboard ; if that fhould not fucceed, that as a laft refort to fave the fhip, the foremaft fhould be cut away : all thefe were done to no effe£L Orders were then given to the carpenter to go down forward and bore holes through the fhip’s bottom j and to the gunner to drown the ma gazine by turning the cock and fecuring the key: the witnefs heard the gunner report that he had executed this order. Orders were then given to deftroy every thing on board which could be rendered ufeful to the enemy. It had now already been determined that the flag mutt be ftruck, as no hopes re mained of faving the fhip, and no poffible means of defending her. The colors were accordingly ftruck, and the enemy took pof- feffion. It was now about fun down, and the fhip had grounded about half after eleven in the morning, as nearly as the witnefs can re- colle£l, during which time fhe was expofed to the conftant fire of the gun-boats, but fuf- fered only in their fpars and rigging. The fhip was loft about three miles and a half from the town of Tripoli, and one and a half from the neareft point of land, which bore fouth. Queflions by the court. Had you any boats TUfficiefit xo cany out an anchor ? Anfw. It is my opinion we had not; but had this been otherwife, the enemy command ed the ground where it would have been ne* cellary to drop anchors. What water did the fiiip draw when fhe went on fhore ? As nearly as I can recollect fhe drew about eighteen feet forward and nineteen and 2 half abaft. Queftion by the Judge-Advocate. During the tranfa£iions and difafter of that day, did you notice any thing of remiffnefs or negled in her commander which could tend to the lofs of the Philadelphia ? Anf. I did not: On the contrary, I no ticed in Capt. Bainbridge great coolnefs and deliberation. Lieutenant Jacob Jones was called into court and examined. He confirmed in eve ry thing the teftimony Of lieutenant Porter, without variation. Lieutenant Theodore Hunt was examined before the court 5 and varied only in his tefti- mony from the two preceding witneffes in the draft of the Philadelphia’s water when fhe went aground, which he ftated to have been eighteen feet fix Inches forward, and about twenty feet fix inches aft, which he had af- certained from obfervation the day before the misfortune. And alfo, in anfwer to the firft queftion by the court to lieutenant Porter, he adds, that in the river Delaware he made an experiment in carrying out an anchor in the Philadelphia’s launch, when fhe was obliged to be buoyed by calks. Lieutenant Benjamin Smith, corroborates the teftimony of the preceding witnefles, with out adding any material circumftance. Mr. William Knight, failing matter, was examined. He confirms the teftimony of the witneffes before recorded 1 and adds, that he was pofitive the fhip was pierced forward by the carpenter as ordered, for he heard the wa iter running into the auger holes. When afk- ed why the fliip did not fill, he faid he ex pelled fhe would have filled, as he was fare there were fufficient holes boied for the pur- pofe; but he conjedured they mutt have been flopped in feme manner. Mr. William Ofborne, lieutenant of ma rines, on examination, confirms the teftimony of the preceding witneffes. Mr. Keith Spence, purfer, varies in nothing material from the witnefles gone before him. Benjamin F. Read, mafter’s mate, ftates fa£ls as recorded in lieutenant Porter’s tefti mony, and adds that, in order by every means to render the fhip iifelefs after it was deter mined to ftrike her colors, cannon fiiot were throwh into the pumps. Janies Gifibons, matter’s mate, fays nothing more than what goes in corroboration of the preceding teftimony. Daniel Patterfon, matter’s mate, confirms the foregoing teftimony, but adds nothing. James Biddle, midfhipmali, ftates fa£ls as recorded from the teftimony of the preceding witneffes. James Henfhaw, midfhipman, ftates fadts generally as the preceding witneffes. have done : and adds, that he was the bearer of captain Bafnbridge’s orders to drown the ma gazine, after he was determined to leave the Slip, and knows it was executed. Richard Stephenfon, gunner, teftifies that he knew nothing of the tranfaflions on the Philadelphia’s deck the day fhe was loft, being confined to the magazine until he received an order to turn the cock and droWn the maga zine i whjeh he did, and went on deck with the keys in his hand. The {hip was then on her beam ends, the water running in at the ports, and fuch of her guns as were not thrown overboard, rendered totally ufelefs. George Hodge, boatfwain, ftates fa£ls, ft) far as they come within his knowledge, in ex- a£l conformity to the teftimony of lieutenant Porter 5 but adds nothing. William Godby, carpenter, was examined concerning the fcuttling of the fhip. He tef tifies, that when it was determined to abandon the Philadelphia, he received captain Bain- bridge’s orders to fcuttle her, which he exe cuted by caliingtohis affiftance bis^ two mates, and piercing her bottom with chizels and au gers in fufficient places, as he thought, to fill her, and then reported to the proper officer; but the Turks, he believes, got on board in feafon to Hop the holes and prevent her filling. Mr. William Knight was called in and alk- ed by the coyrt, if ever he had a chart in his poffeffion which laid down a fhoal where the Philadelphia grounded i* Mr. Knight anfwcred—No. Mr. Patterfon, a midfliipman, was called into court, and being fworn, teftified that he deftroyed the numerary fignal book of the Philadelphia by captain Bainbridge’s orders before leaving her. Mr. Anderfon was examined concerning the difpofitions made of Philadelphia’s fignal book, who declared he faw captain Bainbridge tear them both up and hand them to fome officer to be burned or thrown over board. ,dt the opening of the Courts Capt, B a in b r id g e laid before them the folloiving statement, GENTLEMEN, HAVING to account to government for the lofs of the United States’ frigate Philadel phia, then under my command, it is a confo- latory circumftance to fee that it is before an inquifitidn, which, by its nautical knowledge, will be fo fully adequate to form'a correct opinion of the affair, and to give that decifion on my oondu£l which both the public and myfelf muft be affured will be juft. In my narrative of this unhappy event, I fhail mention my fending the United States’ fchoonej* to cruize off Cape Bon, and the caufes tjiat led to that circumftance,^ which increafeji the misfortune that afterwards befel us, and then detail the incidents that took place oij the day of our grounding, from the time of (giving chafe in the morning till fur- renderiig to the enemy. We fcft Malta the 3d of 0£lober, to repair to our {Ration off Tripoli, and to blockade that port according to the orders of Commodore Prebble. We arrived there on the 7th, and continued to cruize off the town, with the Vixen/ip company, without meeting any oc currence of confequence till the 19th, when we fpoke an Imperial brig, as fhe came out of the hafbor of Tripoli, which informed us, that tvio of the cruizers of that regency were out upon a cruize. In confequence of this information, and thinking it moft probable that they were to the w^eftward, I ordered Lieutenant Commandant Smith of the Vixen to Cape Bon^ and to cruize there as the raoft likely place of falling in with them fhould they he returning from that quarter, and at the fame time a fafer fituatlon for the fcliooner 2»th the Vixen accordingly left us. The 23d of the month we had a very heavy gale from the northward and weft ward, whicfi drove us feveral leagues to the eaftward of our ftAtioft; On the 3 ift. of 0 £lober, being about fix leagjues to the eaftward of Tripoli, a#9 A. M. w e Taw a fail in there and (land ing to the Weft ward ; we gave chafe, and at 11 o’clbck came near enough for our (hot to reach her, and the foundings not allowing o£' our running in (bore, we continued to chafe along the land, hawling on and' off (hore, as we found the foundings from feven to nine and ten fathoms, in expe£lation of either difabling or driving her on ffiore, in which cafe We fhould have captured or deftroyed her. At half pad i i , when within a league and a half from Tripolij feeing no probability of preventing the chafe froiti getting into porr, weceafed firing and hawled off fliore, then haying eight fathoms water. We had not gone more than two cables’ length before we fuddenly fhoaled, and the next moment the (hip ftruck forward, and having eight- and a half nots way, fhot up as far on the rock as to bring it to the after part of the fore chains, where fhe flopped. Her ftern being at this time clear of the ground, the anchors were cut immediately from the bows (except on-e) the guns run aft, and all the fails laid aback, in hopes of preffing her off, as it blew a ftrong breeze 5 but the wind being on our ftarboard beam, and the fea fetting with it dire£lly upon the rock, foon hove our ftern upon them in 17 feet water, where we lay with our lar board port fills at the water’s edge. The offi« cers who had been fent to found upon our firft grounding, returned with information that there was fufficient water aftern and off the larboard quarter, upon which I confulted my officers refpe£ling the moft probable means of getting the Slip into it —It was the unanimous opinion that the only method ia our power was to lighten the fhip as much as poffible, by ftarting the water, heaving over board the guns, referving as many only as would be neceffary to defeffd us a.gain^ the: cncti'i-y’s ftation on onf fterti and quarter, and to en deavor to prefs her off the ftioals with the fails aback. We could not in addition to this avail ourfelves of an anchor, as we had no boat capable of carrying one ; and if we had had fuch fufficient for the purpofe, it would have been impra£licable to have laid it out, as the enemy occupied almoft all the ground it fhould have been placed in. The gun-boats having taken a ftation oa our ftarboard quarter, commenced a firing directed principally at our mafts and rigging, which we returned with two guns from our main deck and two of our quarter deck car- ronades, which, from the very great heel ths fhip had, took no effe£fc. The gun's we got out abaft were rendered entirely ufelefs from the fame caufe, although we cut away the ftern as much as could be done to any pur pofe I for by endeavoring to give them a di rection to bear upon the enemy, they could n®t be run out far enough to avoid fetting fire to the fhip, which they once did, but it was foon extinguifhed without difficulty or confufion. After finding it impoflible to prefs the fliip off the rocks by lightening her, and feeing every profpe£l of getting her afloat at an end, I ordered the foremaft to be cut away, in order to right her in fome de gree, if poffible, and to render our guns more manageable ; but this produced no effe£l, and feeing the fhip immoveably grounded on rocks, having bat r 2 feet water forward and 17 abaft, I conceived any further attempts as evidently ufelefs. After having tried every expedient that could be thought of to contribute to our re lief, and exerting ourfelves to the utmofl from the time of our grounding until half paft 4 P. M. in endeavoring to get the fhip afloat, and at the fame time in refifting the enemy, but finding all hopes of the fiift vain, and not being able to bring our guns to bear to effe6t the latter, I called a council of officers to confuit them on the fubje£t of a further xe- fiftance, or tlte neceflity of furrcndcring to the enemy. Upon a deliberate confideration of our fituation, it was the unanimous opi nion that it was impoflible to get the fliip off^ and that all further refiftance would be but unneceffarily expofing mpn, in a fituation where neither perfeverance nor fortitude 't. » ; \ i I,. i i than off Tripoli at that feafon of the year,! would be of any benefit to OUr country or where the gales blow with great violence on ! ourfelves ; and it was unauimoufly fhore, attended with a heavy ka. On the ; that the only thing kft for us to do lu 4 y' . X ’