He also stated that he had carefully considered all the points in the several communications which the commander of the British division had sent him, in relation to the seizure of the Louisa Beaton, and he must unqualifiedly pronounce the seizure and detention of that vessel wholly unauthorized by the circumstances, and contrary both to the letter and the spirit of the eighth article of the treaty of Washington; and that it became his duty to make a full report of the case, accompanied with the communications which the British commander had forwarded, together with the affidavit of the master of the Louisa Beaton, to the government of the United States.
This letter closed the correspondence.[9]
The British commander-in-chief then accompanied the commander of the Perry to the Louisa Beaton, and there wholly disavowed the act of the commander of the Dolphin, stating, in the name of that officer, that he begged pardon of the master, and that he would do any thing in his power to repair the wrong; adding, “I could say no more, if I had knocked you down.”
The Louisa Beaton was then delivered over to the charge of her own master, and the officer of the cutter took his station alongside of the Chatsworth.
On the 11th of September this brigantine was seized as a slaver. During the correspondence with the British officers in relation to the Louisa Beaton, an order was given to the officer of the cutter, to prevent the Chatsworth from landing the remaining part of her cargo. The master immediately called on board the Perry, with the complaint, that his vessel had been seized on a former occasion, and afterwards released by the commodore, with the endorsement of her nationality on the log-book. Since then she had been repeatedly searched, and now was prevented from disposing of her cargo; he wished, therefore, that a definite decision might be made. A decision was made by the instant seizure of the vessel.
Information from the master of the Louisa Beaton, that the owner of the Chatsworth had in Rio acknowledged to him that the vessel had shipped a cargo of slaves on her last voyage, and was then proceeding to the coast for a similar purpose—superadded to her suspicious movements, and the importance of breaking up this line of ostensible traders, but real slavers, running between the coasts of Brazil and Africa—were the reasons leading to this decision.
On announcing the decision to the master of the Chatsworth, a prize crew was immediately sent on board and took charge of the vessel. The master and supercargo then drew up a protest, challenging the act as illegal, and claiming the sum of fifteen thousand dollars for damages. The supercargo, on presenting this protest, remarked that the United States Court would certainly release the vessel; and the proçuro of the owner, with other parties interested, would then look to the captor for the amount of damages awarded. The commander replied, that he fully appreciated the pecuniary responsibility attached to this proceeding.
The master of the Louisa Beaton, soon after the supercargo of the Chatsworth had presented the protest, went on shore for the purpose of having an interview with him, and not coming off at the time specified, apprehensions were entertained that the slave-factors had revenged themselves for his additional information—leading to the seizure of the Chatsworth. At nine o’clock in the evening, three boats were manned and armed, containing thirty officers and men,—leaving the Perry in charge of one of the lieutenants. When two of the boats had left the vessel, and the third was in readiness to follow, the master of the Louisa Beaton made his appearance, stating that his reception on shore had been any thing but pacific. Had the apprehensions entertained proved correct, it was the intention to have landed and taken possession of the town; and then to have marched out to the barracoons, liberated the slaves, and made, at least for the time being, “free soil” of that section of country.
In a letter to the commodore, dated September 14th, information was given to the following purport:
“Inclosed are affidavits, with other papers and letters, in relation to the seizure of the American brigantine Chatsworth. This has been an exceedingly complicated case, as relating to a slaver with two sets of papers, passing alternately under different nationalities, eluding detection from papers being in form, and trading with an assorted cargo.