Africa and the American Flag

by Andrew H. Foote

The British commander of the division, in his letter, stated, that immediately on the arrival of the vessels, he proceeded with the commander of the Dolphin and the lieutenant of the Rattler to the brigantine Louisa Beaton. Her master then presented the register, and also the transfer of masters made in Rio, in consequence of the death of the former master, but refused to show any other documents.

On examining the register, and having met the vessel before on that coast, he decided that the Louisa Beaton’s nationality was perfect; but that the conduct pursued by her master, in withholding documents that should have been produced on boarding, had led to the unfortunate detention of the vessel.

The British commander further stated, that he informed the master of the Louisa Beaton that he would immediately order his vessel to be released, and that on falling in with the commander of the Perry, all due inquiry into the matter for his satisfaction should be made; but that the master positively refused to take charge again, stating that he would immediately abandon the vessel on the Dolphin’s crew quitting her; and, further, requested that the vessel might be brought before the American commander.

That, as much valuable property might be sacrificed should the master carry his threat into execution, he proceeded in search of the Perry, that the case might be brought under consideration while the Dolphin was present; and on arriving at Ambriz, the cutter of the Perry was found in charge of one of her officers.

On the following morning, as he stated, accompanied by the officer in charge of the Perry’s cutter, and the commander of the Dolphin, he proceeded to the Louisa Beaton, and informed her master that the detention of his vessel arose from the refusal, on his part, to show the proper documents to the boarding-officer, authorizing him to navigate the vessel in those seas; and from his mate having been identified by one of the Dolphin’s officers, as having been captured in charge of a vessel having on board five hundred and forty-seven slaves, which attempted to evade search and capture by displaying the American ensign; as well as from his own suspicious maneuvering in the chase. But as he was persuaded that the Louisa Beaton was an American vessel, and her papers good, although a most important document was wanting, namely, the sea-letter, usually given by consular officers to legal traders after the transfer of masters, he should direct the commander of the Dolphin to resign the charge of the Louisa Beaton, which was accordingly done; and, that on meeting the commander of the Perry, he would lay the case before him; and was ready, if he demanded it, to give any remuneration or satisfaction, on the part of the commander of the Dolphin, for the unfortunate detention of the Louisa Beaton, whether engaged in legal or illegal trade, that the master might in fairness demand, and the commander of the Perry approve.

After expressing great regret at the occurrence, the British commander stated that he was requested by the captain of the Dolphin to assure the commander of the Perry, that no disrespect was intended to the flag of the United States, or even interference, on his part, with traders of America, be they legal or illegal; but the stubbornness of the master, and the identifying of one of his mates as having been captured in a Brazilian vessel, trying to evade detection by the display of the American flag, had led to the mistake.

A postscript to the letter added, “I beg to state that the hatches of the Louisa Beaton have not been opened, nor the vessel or crew in any way examined.”

On the Perry’s reaching the anchorage, the Louisa Beaton was examined. The affidavit of the master, which differs not materially from the statements of the British officers, was taken. A letter by the commander of the Perry was then addressed to the British officer, stating, that he had in person visited the Louisa Beaton, conferred with her master, taken his affidavit, examined her papers, and found her to be in all respects a legal American trader. That the sea-letter which had been referred to, as being usually given by consular officers, was only required when the vessel changes owners, and not, as in the present case, on the appointment of a new master. The paper given by the consul authorizing the appointment of the present master, was, with the remainder of the vessel’s papers, strictly in form.

The commander also stated that he respectfully declined being a party concerned in any arrangement of a pecuniary nature, as satisfaction to the master of the Louisa Beaton, for the detention and seizure of his vessel, and if such arrangement was made between the British officers and the master of the Louisa Beaton, it would be his duty to give the information to his government.

The commander added, that the government of the United States did not acknowledge a right in any other nation to visit and detain the vessels of American citizens engaged in commerce: that whenever a foreign cruiser should venture to board a vessel under the flag of the United States, she would do it upon her own responsibility for all consequences: that if the vessel so boarded should prove to be American, the injured party would be left to such redress, either in the tribunals of England, or by an appeal to his own country, as the nature of the case might require.