Under these circumstances, and with these impressions necessarily operating upon his mind, and a knowledge that if the prisoners once penetrated through the square, the power of escape was almost to a certainty afforded to them, if they should be so disposed. Capt. Shortland, in the first instance, proceeded down the square towards the prisoners, having ordered a part of the different guards, to the number of about fifty only at first, (though they were increased afterwards,) to follow him. For some time both he and Dr. Magrath endeavored by quiet means and persuasion, to induce the prisoners to retire to their own yards, explaining to them the fatal consequences which must ensue if they refused, as the military would in that case be necessarily compelled to employ force. The guard was by this time formed in the rear of Capt. Shortland, about two thirds of the way down the square—the latter is about one hundred feet broad, and the guard extended nearly all across. Captain Shortland, finding that persuasion was all in vain, and that although some were induced by it to make an effort to retire, others pressed on in considerable numbers, at last ordered about 15 file of the guard, nearly in front of the gate which had been forced, to charge the prisoners back to their own yards. The prisoners were in some places so near the military, that one of the soldiers states he could not come fairly down to the charge; and the military were unwilling to act as against an enemy. Some of the prisoners also were unwilling and reluctant to retire, and some pushing and struggling ensued between the parties, arising partly from intention, but mainly from the pressure of those behind preventing those in front from getting back. After some little time, however, this charge appears to have been so far effective, and that with little or no injury to the prisoners, as to have driven them for the most part quite down out of the square, with the exception of a small number who continued their resistance about No. 1 gate. A great crowd still remained collected after this in the passage between the square and the prisoners’ yards, and in the part of these yards in the vicinity of the gates. This assemblage still refused to withdraw, and according to most of the English witnesses, and some of the American, was making a noise, hallooing, insulting and provoking, and daring the military to fire, and, according to the evidence of some of the soldiers, and some others, was pelting the military with large stones, by which some of them were actually struck. This circumstance is, however, denied by many of the American witnesses; and some of the English, upon having the question put to them, stated they saw no stones thrown previously to the firing, although their situation at the time was such as to enable them to see most of the other proceedings in the square. Under these circumstances the firing commenced. With regard to any order having been given to fire, the evidence is very contradictory. Several of the Americans swear positively that Capt. Shortland gave that order; but the manner in which, from the confusion of the moment, they describe this part of the transaction, is so different in its details, that it is very difficult to reconcile their testimony. Many of the soldiers and other English witnesses heard the word given by some one, but no one of them can swear it was by Capt. Shortland, or by any one in particular, and some, amongst whom is the officer commanding the guard, think, if Capt. Shortland had given such an order, that they must have heard it, which they did not. In addition to this, Capt. Shortland denies the fact; and from the situation in which he appears to have been placed at the time, even according to the American witnesses, in front of the soldiers, it may appear somewhat improbable that he should then have given such an order. But, however, it may remain a matter of doubt whether the firing first began in the square by order, or was a spontaneous act of the soldiers themselves, it seemed clear that it was continued and renewed both there and elsewhere, without orders; and that on the platforms, and in several places about the prison, it was certainly commenced without any authority. The fact of an order having been given at first, provided the firing was, under the existing circumstances, justifiable, does not appear very material in any other point of view than as showing a want of self-possession and discipline in the troops, if they should have fired without order. With regard to the above most important consideration, of whether the firing was justifiable or not, we are of opinion, under all the circumstances of the case, from the apprehension which the soldiers might fairly entertain, owing to the numbers and conduct of the prisoners, that this firing to a certain extent, was justifiable in a military point of view, in order to intimidate the prisoners, and compel them thereby to desist from all acts of violence, and to retire as they were ordered, from a situation in which the responsibility of the agents, and the military, could not permit them with safety to remain.—From the fact of the crowd being so close, and the firing at first being attended with very little injury, it appears probable that a large proportion of the muskets were, as stated by one or two of the witnesses, levelled over the heads of the prisoners; a circumstance in some respects to be lamented, as it induced them to cry out “blank cartridges,” and merely irritated and encouraged them to renew their insults to the soldiery, which produced a repetition of the firing in a manner much more destructive. The firing in the square having continued for some time, by which several of the prisoners sustained injuries, the greater part of them appear to have been running back with the utmost precipitation and confusion to their respective prisons, and the cause for further firing seems at this period to have ceased. It appears accordingly that Capt. Shortland was in the market-square, exerting himself and giving orders to that effect, and that Lieut. Fortye had succeeded in stopping the fire of his part of the guard. Under these circumstances, it is very difficult to find any justification for the further continuance and renewal of the firing, which certainly took place both in the prison yards and elsewhere; though we have some evidence of subsequent provocation given to the military, and resistance to the turnkeys in shutting the prisons, and of stones being thrown out from within the prison doors. The subsequent firing rather appears to have arisen from the state of individual irritation and exasperation on the part of the soldiers who followed the prisoners into their yards, and from the absence of nearly all the officers, who might have restrained it; as well as from the great difficulty of putting an end to a firing when once commenced under such circumstances. Capt. Shortland was from this time busily occupied with the turnkeys in the square, receiving and taking care of the wounded. Ensign White remained with his guard at the breach, and Lieuts. Avelyne and Fortye, the only other subalterns known to have been present, continued in the square with the main bodies of their respective guards.

The time of the day, which was the officers’ dinner hour, will, in some measure, explain this, as it caused the absence of every officer from the prison whose presence was not indispensable there. And this circumstance, which has been urged as an argument to prove the intention of the prisoners to take this opportunity to escape, tended to increase the confusion, and to prevent those great exertions being made, which might perhaps have obviated a portion, at least, of the mischief which ensued.

At the same time that the firing was going on in the square, a cross fire was also kept up from several of the platforms on the walls round the prison where the sentries stand, by straggling parties of soldiers who ran up there for that purpose. As far as this fire was directed to disperse the men assembled round the breach, for which purpose it was most effectual, it seems to stand upon the same ground as that in the first instance in the square. But that part, which it is positively sworn was directed against struggling parties of prisoners running about the yards and endeavoring to enter in the few doors which the turnkeys, according to their usual practice, had left open, does seem, as stated, to have been wholly without object or excuse, and to have been a wanton attack upon the lives of defenceless, and at that time unoffending individuals. In the same, or even more severe terms, we must remark upon what was proved as to the firing into the door-ways of the prisons, more particularly into that of No. 3 prison, at a time when the men were in crowds at the entrance. From the position of the prison and of the door, and from the marks of the balls which were pointed out to us, as well as from the evidence, it was clear this firing must have proceeded from soldiers a very few feet from the door-way; and although it was certainly sworn that the prisoners were at the time of part of the firing at least, continuing to insult and occasionally to throw stones at the soldiers, and that they were standing in the way of, and impeding the turnkey, who was there for the purpose of closing the door, yet still there was nothing stated which could in our view at all justify such excessively harsh and severe treatment of helpless and unarmed prisoners, when all idea of escape was at an end. Under these impressions we used every endeavor to ascertain if there was the least prospect of identifying any of the soldiers who had been guilty of the particular outrages here alluded to, or of tracing any particular death at that time to the firing of any particular individual, but without success; and all hopes of bringing the offenders to punishment should seem to be at an end. In conclusion, we, the undersigned, have only to add, that whilst we lament, as we do most deeply, the unfortunate transaction which has been the subject of this inquiry, we find ourselves totally unable to suggest any steps to be taken as to those parts of it which seem to call for redress and punishment.

(Signed)

CHARLES KING,
FRAS. SEYMOUR LARPENT.

London, 18th April, 1815.

Sir,

At the request of Lord Castlereagh, we have had interviews with him and Mr. Goulburn on the subject of the transportation of the American prisoners now in this country, to the United States, and of the late unfortunate event at the depot at Dartmoor.

On the first subject we agreed to advise your acceptance of the proposition of Lord Castlereagh to transport the prisoners at the joint expense of the two countries, reserving the construction of the articles of the treaty, which provides for the mutual restoration of prisoners, for future adjustment. It was stated by us, and was so understood, that the joint expense, thus to be incurred, is to comprehend as well the requisite tonnage as the subsistence of the prisoners; and moreover that measures of precaution should be adopted relative to the health and comfort of the prisoners similar to those which had taken place in America.