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courses to shoot ahead to repair our rigging which was extremely cut, leaving the enemy a complete wreck. Soon after, discovered the enemy's flag was still flying ; hove to, to repair some of our damage. Four 20, the enemy's mainmast went nearly by the board. Four 50, wore ship and stood for the enemy. Five 25, got very close to the enemy in a very effectual raking position, athwart his bows, and was at the very instant of raking him, when he most prudently struck his flag, for had he suffered the broadside to have raked him, his additional loss must have been extremely great, as he laid an unmanageable wreck upon the water.

After the enemy had struck, wore ship and reefed the topsails, then hoisted out one of the only two remaining boats we had left out of eight, and sent lieutenant Parker, 1st of the Constitution, to take possession of the enemy, which proved to be his Britannic majesty's frigate Java, rated 38 but carried 49 guns, and manned with upwards of 400 men, commanded by captain Lamibert, a very distinguished officer, who was mortally wounded. The action continued from the commencement to the end of the fire, one hour and fifty-five minutes. The Constitution had 9 killed and 25 wounded. The enemy had 60 killed and 101 certainly wounded; but by a letter written on board the Constitution, by one of the officers of the Java, and accidentally found, it is evident the enemy's wounded must have been considerably greater than as above stated, and who must have died of their wounds previously to their being removed. The letter states 60 killed and 170 wounded. The Java had her own complement of men complete, and upwards of 100 supernumeraries, going to join the British ships of war in the East Indies; also several officers, passengers, going out on promotion. The force of the enemy in number of men, at the commencement of the action, was no doubt considerably greater than we have been able to ascertain, which is upwards of 400 men. The officers were extremely cautious in discovering the number. By her quarter bill she had one man more stationed at each gun than we had.

“ The Constitution was very much cutin her sails and rigging and many of her spars injured. At 7 P. M. the boat returned with lieutenant Chads, the first lieutenant of the enemy's frigate, and lieutenant general Hyslop, (appointed governor of Bombay) major Walker and captain Wood, belonging to his staff. Captain Lambert of the Java was too dangerously wounded to be removed immediately. The cutter returned on board the prize for the prisoners, and brought captain Marshall, master and commander of the British navy, who was passenger on board, as also several other naval officers, destined for ships in the East Indies.

The Java was an important ship, fitted out in the completest manner, to carry lieutenant general Hyslop and staff to Bombay, and several naval officers for different ships in the East Indies : and had despatches for St. Helena, Cape of Good Hope, and every British establishment in the India and China seas. She had on

board copper for a 74 and two brigs building at Bombay, and I expect a great many other valuables; but every thing was blown up in her except the officers' baggage, when we set her on fire at 3 P. M. on the ist of January, 1813, (nautical time.") Prisoner on board the American frigate Constitution, St. Salvador,

January 1st, 1815, Brazils. MY DEAR SIR,

I am sorry to inform you of the unpleasant news of Mr. Gascoigne’s death, Mr. Gascoigne and myself were shipmates in the Marlboro, and first came to sea together. He was shot in the early part of the action by a round shot in his right thigh, and died a few minutes after; four others of his messmates shared the same fate, together with 60 men killed and 170 wounded. The official account you no doubt heard of before this reaches you. I beg you will let all his friends and relations hear of his untimely fate. We were on board the Java frigate for a passage to India, when we fell in with this frigate. T'wo parcels I have sent you under good care—hope this will reach you safe.

Yours truly,

Lt. Peter V. Wood, 22d regiment of foot,
Isle of France or Bourbon, East Indies.



A true copy;



September 7th, 1813. SIR,

In consequence of the unfortunate death of lieutenant commandant William Burrows, late commander of this vessel, it devolves on me to acquaint you with the result of our cruize. After sailing from Portsmouth on the 1st instant, we steered to the eastward : and on the morning of the 3d, off Wood Island, discovered a schooner, which we chased into this harbor, where we anchored. On the morning of the 4th weighed anchor and swept out, and continued our cruize to the eastward. Having received information of several privateers being off Manhagan, we stood for that place; and on the following morning, in the bay near Penguin Point, discovered a brig getting under weigh, which appeared to be a vessel of war, and to which we immediately gave chase. She fired several guns and stood for us, having four ensigns hoisted. After reconnoitering and discovering her force, and the nation to which she belonged, we hauled upon a wind to stand out of the bay, and at 3 o'clock shortened sail, tacked and run down with an intention to bring her to close action. At 20 minutes after 3 P. M. when within half pistol shot, the firing commenced from both, and after being warmly kept up, and with


some manouvring, the enemy hailed and said they had surrender. ed, about 4 P. M. Their colours being nailed to the masts, could not be hauled down. She proved to be his Britannic majesty's brig Boxer, of 14 guns, Samuel Blythe, esquire, commander, who fell in the early part of the engagement, having received a cannon shot through the body. And I am sorry to add that lieutenant Burrows, who had gallantly led us to action, fell also about the same time by a musket ball, which terminated his existence in 8 hours.

The Enterprize suffered much in spars and rigging, and the Boxer both in spars, rigging and hull, having many shots between wind and water. It would be doing injustice to the merit of Mr. Tillinghast, 2d lieutenant, were I not to mention the able assistance I received from him during the remainder of the engagement, by his strict attention to his own division and other departments. And the officers and crew, generally, I am happy to add, from their cool and determined conduct have my warmest approbation and applause.

As no muster roll that can be fully relied on came into my possession, I cannot exactly state the number killed on board the Boxer ; but from information received from the officers of that vessel, it appears there were between twenty and twenty-five killed, and fourteen wounded. Enclosed is a list of killed and wounded on board the Enterprize.

I have the honour to be, &c.

EDWARD R. M-CALL, senior officer. Isaac Hull, Esquire.

KILLED, 1. WOUNDED, 13-of whom lieutenant Burrows, commander, midshipman Kervan Waters, and carpenter's mate Elisha Blossom, have sincc died.

Officers killed and wounded in the battle of Niagara. Killed. Major M.Parland, 230 infantry. Captain Ritchie, corps of artillery. Captain Hull, 9th infantry. Captain M‘Kinney, 25th do. Captain Goodrich, 11th do. 1st lieutenant Bigelow, 21st do. Ist lieutenant Turner, 9th do. 2d lieutenant Burghardt, 9th do. Ensign Hunter, 25th do. Captain Hooper, New York volunteers. Adjutant Poe, Pennsylvania volunteers.

Wounded. Major general Brown, severely. Captain Spencer, his aid (since dead). Artillery, captain Biddle, slightly. 2d lieu , tenant Campbell, badly. 2d lieutenant Schmuck, severely,

First brigade. Brigadier general Scott, severely. Lieutenant J. D. Smith, 5th infantry, brigade major, badly. Lieutenant Worth, 23d infantry, A. D. C. severely. Major Leavenworth, slightly. Captain W.L. Foster, slightly. Lieutenant and

pay. master Fowle, slightly. Lieutenant and quarter master Browning, slightly. 2d lieutenant Fisher, severely, 3d lieutenant

Cushman, slightly. Ensign G. Jacobs, severely. Ensign J. P. Jacobs, slightly. Ensign Blake slightly. 11th infantry-major M'Neil, severely. Captain Bliss, badly. 1st lieutenant Hail, slightly. 2d lieutenant Cooper, slightly. 3d lieutenant Stephenson, slightly. Ensign Bedford, slightly. Ensign Thompson (26th, doing duty in the 11th, severely. 22d infantry-colonel Brady, severely. Captain Pentlant, severely. Captain Faulk, severely 1st lieutenant Culbertson, severely. 1st lieutenant Furguson, canister shot in the hand. 2d lieutenant Armstrong, dangerously. 3d lieutenant Bean, slightly. 25th infantry-Major Jessup, severely. Lieutenant and adjutant Shaylor, severely. Lieutenant and quarter master M Glassi, badly. 3d lieutenant Giafford severely.

Second brigade. 1st infantry-1st lieutenant Vasquiz, slightly. 1st lieutenant Bissel, slightly. 21st infantry-Captain Burbank, severely. 1st lieutenant Cilley, severely. 2d lieutenant Fisk (of the 19th attached) slightly. Ensign Jones, slightly. Ensign Camp (2d rifle regiment attached) slightly. Ensign Thomas, slightly. 23d infantry-Captain Odell, severely. Ist lieutenant H. Whiting, severely. 2d lieutenant Ingersoll. slightly. 2d lieutenant Tappan, slightly: 3d lieutenant Abeel, slightly. 3d lieutenant Deitereich, slightly. 3d lieutenant Lamb, severely.

BRIGADIER GENERAL PORTER'S COMMAND. New York volunteers-Lieutenant colonel Dobbin, slightly. Lieutenant OʻFling, slightly. Pennsylvania volunteers-major Wood, severely. Quarter master Maclay, severely. Lieutenant Dick, severely. Brigadier general Porter was slightly wounded, but declined being reported.

Officers missing. Ist lieutenant Perry, 9th infantry, a prisoner. Sd lieutenant Webster, severely, shot in the head and taken prisoner. Lieuteants Sturgis, Keps and Davidson, 2d infantry, supposed to be killed. Volunteers—Brigade major Stanton, of New York, taken prisoner. Captain Roberts, of Pennsylvania, taken prisoner. Lieutenant Hunt, of New York, supposed to be killed.

BRITISH PRISONERS TAKEN. One major general, (Riall, severely wounded in the arm.) 1 aidde-camp. 1 captain and 2 subalterns of the 103d regiment. 1 captain 89th regiment. 1 captain provincial dragoons. 3 captains, 2 subalterns. Militia.- 1 lieutenant royal engineers. 3 subalterns royal Scotts. I do. Glengary corps. Quarter master of 8th or King's regiment. Quarter master of 41st regiment, and 150 rank and file. Aggregate 169.


Treaty of peace and amity between his Britannic majesty and

the United States of America. His Britannic majesty, and the United States of America, desirous of terminating the war which has unhappily subsisted between the two countries, and of restoring, upon principles of per. fect reciprocity, peace, friendship, and good understanding, between them, have, for that purpose, appointed their respective plenipotentiaries, that is to say: His Britannic majesty, on his part, has appointed the right honourable James lord Gambier, late admiral of the white, now admiral of the red squadron of his majesty's fleet, Henry Goulburn, esquire, a member of the imperial parliament, and under secretary of state, and William Adams, esquire, doctor of civil laws : And the president of the United States, by and with the advice and consent of the senate thereof, has appointed John Quincy Adams, James A. Bayard,

Henry Clay; Jonathan Russell, and Albert Gallatin, citizens of the United States, who, after a reciprocal communication of their respective full powers, have agreed upon the following articles:

, Art. 1. There shall be a firm and universal peace between his Britannic majesty and the United States, and between their respective countries, territories, cities, towns, and people, of every degree, without exception of places or persons. All hostilities, both by sea and land, shall cease as soon as this treaty shall have been ratified by both parties, as hereinafter mentioned. All terri-, tory, places, and possessions whatsoever, taken by either party from the other, during the war, or which may be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruction, or carrying away any of the artillery or other public property originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves or other private property. And all archives, records, deeds, and papers, either of a public nature, or belonging to private persons, which, in the course of the war, may have fallen into the hands of the officers of either party, shall be, as far as may be practicable, forth with restored and delivered to the proper authorities and persons to whom they respectively belong. Such of the islands in the Bay of Passamaquoddy, as are claimed by both parties, shall remain in the possession of the party in whose occupation they may be at the time of the ex. change of the ratifications of this treaty, until the decision respecting the title to the said islands shall have been made it conformity with the fourth article of this treaty. No disposition made by this treaty, as to such possession of the islands and territories claimed by both parties, shall, in any manner whatever, be construed to affect the right of either.

Art. 2. Immediately after the ratifications of this treaty by, both parties, as hereinafter mentioned, orders shall be sent to the

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