It appears to the court, that No. 5, sailing-master Ferris, was the next vessel that fell into the hands of the enemy; that the enemy succeeded in boarding her at a time when further resistance was rendered ineffectual, by the dismounting of her twenty-four-pounder, and when the fire from the other gunvessels had been turned upon her, after their capture.

It appears to the court, that No. 23, lieutenant M'Kever, was the last vessel captured; and that this was effected at about half past 12 o'clock, after the enemy had succeeded in turning the fire of the other gun-vessels, previously captured, upon her.

It also appears to the court, that the barges and lanches of the enemy were all mounted with cannon, and had from a thousand to twelve hundred men on board, armed in the best possible manner.

And lastly: it further appears to the court, that after gunvessel No. 156, had been captured by the enemy, her fire was turned upon the other gun-vessels, and continued for a considerable time, under the American colours.

The result of this inquiry is, an unanimous opinion, that lieutenant-commandant Jones evinced by his movements, previously to the action, a judgment highly creditable to his character; that when an attack had become certain, he availed himself of every mean to gain the best position for his squadron; and, that during the subsequent engagement, when opposed to a force, of at least nine times his number, in large, well-appointed boats, formidably armed, he exhibited a firmness and intrepidity, worthy the emulation of his countrymen, and reflecting the highest honour on the service to which he belongs.

The court likewise conceive, that midshipman Parker, who acted as master's-mate, during the action, on board the flag-vessel, displayed, in his determined resistance to the enemy, after the fall of his commander, the most signal bravery; and that he merits, in an especial degree, the notice of his go

vernment.

The court feel gratified, in expressing the opinion, that the brave crew of gun-vessel No. 156, forcibly felt the example of their officers, and, that under its influence they maintained a most unequal conflict, with unparalleled destruction to the enemy, until they were borne down by numbers, to which no opposition could be made; nor did the fall of this vessel, by which the enemy's force was not only increased, but, by her position, in a great measure, covered, check the ardour of the gallant defenders of the rest of the squadron: for we find them contending as long as the least prospect of annoying the enemy lasted; their exertions, unimpaired by their loss, and yielding at last, in succession only, to the concentrated force of the enemy, brought to act against each vessel.

With the clearest evidence for their guide, the court experience the most heartfelt gratification, in declaring the opi nion, that lieutenant-commandant Jones, and his gallant supporters, lieutenants Spedden and M'Kever, sailing-masters Ferris and Ulrich, their officers and men, performed their duties on this occasion, in the most able and gallant manner; and that the action has added another and a distinguished honour to the naval character of our country.

G. DAVIS, Officiating Judge Advocate.

LEWIS ALEXIS.

In approving the proceedings and opinion of the court of inquiry, I avail myself with pleasure of the favourable occasion thus afforded me, to express my admiration of the gallantry and skill displayed by lieutenant Jones and his brave companions, in the defence made by them against so overwhelming a force, as not to afford a prospect of success; and to which the enemy were astonished to find a resistance offered. In this unequal contest, I trust it will be found, that the national and naval character Las been nobly sustained; and that the resistance to the attack of so very superior a force, has contributed in no small degree to the eventual safety of this city.

1

The proceedings and opinion of the court of inquiry, of which master-commandant Lewis Alexis is president, are approved.

DANIEL T. PATTERSON, Captain U. S. Navy, commanding N. Orleans station.

BRITISH NAVAL COURTS MARTIAL.

THE want of truth and candour, which characterizes the British accounts of their defeats during the late war, and the various subterfuges made use of to palliate, disguise, and misrepresent, as well as the ingenious excuses devised for the purpose of accounting for the almost uniform result of every naval action, are become so notorious, as to excite our contempt and laughter, rather than our indignation. At one time, our vessels come too near-at another, not near enough; -at one time they outsail them-at another their crews are composed of English seamen, who are the most loyal subjects in the world, and yet not only serve against their native country, but even fight better against than they do for their beloved sovereign.

Such is the language not only of their journals, but their official letters, and courts of inquiry, the result of which last is so uniform, that, to use the language of the following document, "It is almost unnecessary to say that the captains, officers, and men, were fully and most honourably acquitted." Thus the court martial held on captain Carden ascribed the loss of the Macedonian to the "over anxiety of that officer to come to close quarters," although it is notorious that he did not come to close quarters, notwithstanding his ship was to windward, and outsailed the United States with the greatest ease. In a copy of the proceedings of this court martial which we have seen, there is a plate exhibiting the "Track of ac

tion" of these two vessels, in which the United States is represented as nearly twice as large as the Macedonian. This childish attempt at imposing upon the world is really laughable.

The decision of the court martial, which follows, contains a charge that has often been made against our gallant officers, that of attempting to seduce their prisoners from his majesty's service. The pretext on which this assertion is founded in the present instance, is so utterly absurd, as to defeat itself, even though it were not contradicted by the oaths of two gallant and distinguished young officers, which we have given. immediately following the charges. It seems "that the whole of the men were confined in the hold of the Constitution, in a warm climate, with their legs in chains, and hand-cuffed for three weeks: during which time repeated attempts were made by the officers and crews of the American ship to shake their attachment to their king and country, but without effect."

Truly we cannot help admiring the stubborn loyalty of these trusty fellows, nor the truly original idea of seducing his majesty's liege subjects by the gentle, coaxing application of hand-cuffs, chains, and confinement in a hot climate. The honest truth of the matter is, that our officers feel no anxiety to avail themselves of the services of British sailors, for unless they fight better than they have lately done, they will be no acquisition to any service. P. HALIFAX, July 3.

NAVAL COURT MARTIAL-On Wednesday last (June 28) a court martial was held on board H. M. S. Akbar, for the trial of captain the hon. G. Douglas, the officers and crew of the Levant, and captain Gordon Falcon, the officers and crew of the Cyane; and to investigate the causes which led to the capture of those ships in February last, by the American ship of war Constitution. The court was composed of

Capt. Charles bullen, of H. M. S. Akbar, president,
Capt. the hon. J. A. Crofton, Narcissus.

R. C. Spencer, Cydnus.

Capt. Henry Jane, Arab.

Francis Truscott, Regulus.

Charles Martyr, Esq. judge advocate.

We understand that after a thorough investigation, the court was fully of opinion, that their capture was to be attributed to the very superior force of the enemy's ship, and to her great superiority in sailing, which enabled her, throughout the action, to keep at such a distance, that their carronades were of little effect, whilst she was keeping up a steady fire from seventeen long twenty-four pounders; and that the officers and men evinced the greatest skill. and intrepidity, defending their ships in a manner highly honour. able to them, while it could be done with the least prospect of success. It is almost unnecessary to add, that the captains, officers, and men of both ships, were fully and most honourably acquitted.

The court passed a high encomium on the conduct of the ships' companies, expressive of the sense it entertained of their loyalty, in resisting the repeated offers made to them to enter the service of the enemy. We are assured, that the whole of the men were confined in the hold of the Constitution, in a warm climate, with their legs in chains, and hand-cuffed, for three weeks; during which time repeated attempts were made by the officers and crew of the American ship to shake their attachment to their king and country; but without effect.

DEPOSITION.

Boston, July 21.

We, WILLIAM B. SHUBRICK, a lieutenant in the U. S. navy, and ARCHIBALD HENDERSON, captain of marines, both of the United States' frigate Constitution, do severally testify and declare, that we have seen in the Boston Gazette of the 17th July current, an account of a court martial holden at Halifax, on the 28th June last, for the trial of the officers and crews of his Britannic majesty's late ships the Cyane and Levant, in which it is stated, among other things, that the Constitution in her action with those ships kept at long shot, out of carronade range; and secondly, that high encomiums are made on the crews of said ships for their loyalty in resisting the repeated offers made to them to be received into the American service. Now we, on our oaths declare, that the frigate Constitution ranged alongside of those ships at not a greater distance than two hundred and fifty yards, which every person acquainted with gunnery must know is within point blank carronade range; and secondly, that no offers whatever were made, nor any temptations held out to the crews of said ships to induce them to desert or quit the service of their king; on the contrary, the very frequent expressions of a desire on their part to enter our service, were invariably discountenanced by the officers of the Constitution.