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CHAPTER XI.

Trials of Jonathan Robbins, Isaac Williams and William Frothingham.

T HE fate of Jonathan Robbins, and the story of this unfortunate seaman, are too well known and too deeply impressed on the hearts of Americans to require any comment or introductory remarks previous to the narration of the mock trial which the clemency of a Southern Judge granted him.

On the 25th of July, 1799, he was brought before Judge Bee, of the district court of South-Carolina, in virtue of a demand made by his Britannic Majesty's consul, (on suspicion of his having been concerned in a mutiny on board the British frigate Hermione, in 1797) that he might be delivered up, (to be sent to Jamaica for trial) in virtue of the 27th article of the treaty between the United States and Great-Britain, which article runs thus

"It is further agreed, that his Majesty and the United States on mutual requisitions, by them respectively, or by their respective ministers or officers, authorized to make the same, will deliver up to justice all persons who, being charged with murder or forgery committed within the jurisdiction of either, shall seek an assylum within any of the countries of the other: provided that this shall only be done on such evidence of criminality, as ac cording to the laws of the place where the fugi

tive or person so charged shall be found, would justify his apprehension, and a commitment for trial, if the offence had been committed. The expence of such apprehension and delivery shall be borne and defrayed by those who make the requisition and receive the fugitive."

The commitment of the prisoner was grounded on the two following affidavits :

"South-Carolina District.

"William Portlock, a native of Portsmouth, in the State of Virginia, upwards of eighteen years old, appeared before me, and being duly sworn, made oath, that he was one of the crew before the mast in the schooner Tanner's Delight, which was commanded by Captain White, who arrived here about three weeks ago; that a person who answerby the name of Nathan Robbins, came also in the said vessel, before the mast, with him; that he, said Robbins, is a tall man, middle size, had long black hair, dark complexion, with a scar on one of his lips; that on and about last Christmas night, he was present, and heard the said Robbins talking in the harbor of the city of St. Domingo to some French privateers-men, who were on board the Tanner's Delight, when and where he informed them, in his hearing, that he, the said Robbins, was boatswain's mate of his Majesty's frigate Hermione, when she was carried into the port Cavilla; and added, that they had no occasion to take notice of that. And after the above time, sometimes when he was drunk, he, the said Robbins, would mention the name of

the Hermione, and say bad luck to her, and clench

his fist.

"WILLIAM PORTLOCK.

his

mark.

"Sworn before me, this 20th February, 1799, "THOMAS HALL, J. P. & v.' "United States of America, South-Carolina District. "Personally came and appeared before me Lieutenant John Forbes, who being duly sworn, deposeth, that a person confined in the gaol of this district, who calls himself Nathan Robbins, but whose real name this deponent believes to be Thomas Nash, was a seaman on board the Hermione, British frigate, in which the deponent was a midshipman from the 8th of February, 1797, until the 30th of August following; during which time the said Nash was personally known to this deponent; that this deponent was removed from the said frigate to the sloop of war Diligence, on the said 30th day of August, 1797. This deponent further deposeth, that on the 19th of September following, he was sent on board of the said British frigate, at which time he saw and left the said Nash in the same station, on board that vessel, as he was at the time of this deponent's being a midshipman therein. That on the 22d of the said month, the crew mutinied on board the said frigate, killed the principal officers, piratically possessed themselves of her, carried her into Laguira, and there disposed of her to certain subjects of his Catholic Majesty. That

the said Thomas Nash was one of the principals in the commission of the said acts of murder and piracy; whose conduct in that transaction has become known to this deponent by depositions made, and testimony given in court-martial, where some of the said crew have been tried.

"JOHN FORBES. "Sworn before me this 18th April, 1799,

"THOMAS BEE,

"District Judge, South-Carolina."

Upon a candid review of these depositions, there does not appear to have existed the slightest cause for even a commitment of Jonathan Robbins. The testimony on the part of Portlock is trifling in the extreme, and that of lieutenant Forbes entirely verbal report. In the article of the British treaty there is not a word said of any fugitive that may be found within their dominions, charged with having committed offences at sea on board of American vessels. It is entirely confined to cases within the jurisdiction of each, that is territorial jurisdiction for had the minister of Britain considered ; ships as the territory specified in the treaty, he certainly would, by a particular clause, have provided for cases arising at sea.

That the British government considered the word territory, as not applying to ships, is evident from a circumstance which occurred soon after. The crew of an American vessel rose upon their Captain, whose name was Little, murdered him and his mate, and then carried the vessel into Bri

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tain. The mutineers, in place of being sent back to America, were tried and executed in England.

Judge Bee, some days before the court met, received a letter from the Secretary of State, mentioning that an application had been made by the British minister, Mr. Liston, to the President, for the delivery of the prisoner, under the 27th article of Jay's treaty, and containing these words: the President advises and requests you to deliver him up."

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This letter was not read in court, though it was shewn to the counsel on both sides, but the following certificate and affidavit were produced in behalf of the prisoner, by his counsel, Messrs. Moultrie and Ker:

"United States of America, State of New-York.

"By this public instrument, be it known, &c. that I, John Keese, a public Notary, &c. do hereby certify, that Jonathan Robbins, who had subscribed these presents, personally appeared before me, and being by me duly sworn according to law, deposed that he is a citizen of the United States of America, and liable to be called into the service of his country, and is to be respected accordingly at all times by sea and land.

"Whereof an attestation being required, I have granted this under my notarial hand and seal. "Done at the City of New-York, in the State of New-York, the 20th day of May, 1795. "Quod attestor,

“JOHN KEESE, Notary Public."

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