The New York Herald Newspaper, May 6, 1845, Page 1

THE NEW YORK HERALD. Vol. XI., No. 124— Whole No. 4086. Trial of Captain Wilkes. Wasuinoton, May 2d, 1845. We communicate at length, for the Herald, a re- port of the testimony in this important case. It was brought before the Circuit Court, sittiing for this city, on Tuesday, the 22d ult., and the four succeed- ing days were expended in taking the evidence of witnesses, when the Court adjourned over to the Monday following. On that day the examination of witnesses was resumed, and closed (excepting the testimony of Gellen and Walker) on Tuesday even- ing. The attomeys were occupied the next day in Proposing and. discussing the instructions to be sub- mitted by the Court; and on Thursday, Judge Cranch having submitted the grounds upon which the jury were to found a verdict, Mr. May appeal- ed before the jury in behalf of the plaintiffs, and was followed by Mr. Bradley for the defendant; when Mr. May closed the argument in a general review of the positions and facts assumed and defended by the opposing counsel. The’ case then, at 7 o’clock in the evening, was submitted to the jury, with leave to ad- journ and meet again in the moming. To-day a ver- dict was retumed between two and three o'clock, exculpating Wilkes entirely in the bat granting $500 each in ihe case Peet Haber, Few persons have been present during the trial, ex- cepting the parties and witnesses inhtonsentiie latter being almost exclusively attached to the late Explor- ing expedition. ‘The testimony of the first four we submit without modification, from the notes of Mr. Bradley, defendant’s counsel; the residue is from our own notes taken on the spot. Much of the extraneous matter of evidence, is, of course, omitted; but little we apprehend, material to a fair representation of the facts on either side. udge Cranch presided in this case. The jury were Messrs. Thomas , Lewis Smart, Chas. Myers, Henry H, McPherson, Avery Sweet, David B. Denham, George W. Harkness, Richard M. Bell, Elias Travers, Thomas Morgan, George Lam- bright, peyegie Hanson. unsel for rosecution, Her Eeq.— For the defendant, Yarn H. Bradley, may ron Otreult Court of the District of Columbia, for ‘Washington County.. Trrat or Carrain Witxss. District or Cotumsra, Washi County, wit.—Charles Wilkes was muaehadire asco hones an ina of trespass, vi et ts, &c.. pad, i enpeizens e said Samuel, by Henry May, 8 attorney, complains, substantis in - ber 16, 1840; the aid Charles aseaulted Peat Samuel ‘on board the United States ship Vincennes, then o1 the high seas, and yay plced him iaines ‘thus detaining him for five hours; that from ee ship the said Samuel was taken ironed into the cell of a fort in the town of Honolulu, in the island of Oahu, (one of the Sandwich islands,) where the prisoner wes kept fifteen days in confinement, during which he suffered much pain and inconvenience frora ex-, posure and disease, attacks of vermin, and want of Wholesome and necessary food and drink. That on the 4th December, 1840, the defendant made another assault on said Samuel on board the Vincennes, with a cat-o-nine-tails, inflicting a t_ many strokes and blows on the body of said uel—that he was then placed again in irons and kept as a pri- soner on board ship forfour days, and stinted a his food and drink—that on the 7th December follow- ing, the said Samuel was in with the “cat-o’-nine-tails,” and again in irons and confinement on board ship as before—that on the 8th December following, and divers other days be- tween that and the Ist of June, 1842, said Charles made another assault on said Samuel, who was kept asa bested all ie time, without any Yeasonab! or probable cause whatsoever,and against Ace the United States, and to the’ Leet to the amount of five thousand dol Tent money, and, therefore, he brings Joun Dor, 9) PPledges, ke. yy May, Ricwarp Ror, Attorney for Plaintifis. two other plaintifis, Owen are the sugie. ($$5000,) eur- is suit. The declarations of the RS May for the plana Mr. May, for the is, presemted the grounds upon which he should rest thetprogecution, so upon which the Jury would be called to render a de- cision, in an address of great strength, delivered in a. deeply impressive manner. Mr. BRapiey, wil his characteristic clearness and acuteness, following briefly on the other side until after the examination ot vauatal iEnesnas, phen, with greater oar arch, he presen: e reasons upon whic! for the defendant, he should claim a discharge.” Overton Carr, sworn—I was Ist Lieutenant of the Vincennes during most of the cruise and while lying at the Sandwich Islands in 1840. The log is, or ought to be,.a record in which every thing is kegs transpires on board the ship. It is kept by the rules und (regulations in all public ships, is rej larly submited to the captain of the ship. On that bein itwas exhibited to him every day. He cannot make an entry, but he'may order omiasions to be sup- plied. I knew the plaintifis; they were part of the marine guard of that t the ‘Sandwich Islands, on 6th November, 1840; on that day the log book says they were sent to the fort—[reads the pas- sages} I know the fact, for I gave the order; do not eg ct whether they were ironed, but i it presume ey had irons on their hands; they were matt the fort on the Island; don’t know how long they were kept there; we sailed onthe 4th December, and ‘they could not have been there longer than that. The | book does not show when they came on board. The Peacock sailed the 2d December, and Smith, one of the marines who been sentto the fort, sailed in her. Dinsman was not one ‘of those sent on the 16th; he refused duty some days after, per- haps aweek. 4th Dec., Baab, Pe: P and ins more were pied for refusing to do duty—does Not state what punishment ; other men ished same day; their offence and punishment both stated. Never was in it was a walled fc e com- mon prison; malefactors were confined there; two — peter hah there bag 0 -_ men were mt; ten scaffold erected for that purpore on the walls In sight of the ship. Plaintifis ‘were ‘never deprived of their rations aboard ship; never was in the fort, and knew nothing about it.. All hands were called when they were whipped; whipped on the naked skin and tied. Have no recollection that de- fendant said he would take the responsibility; the sergeant of m&rines was brought up to explain and show to thein the terms they were bound to by their nS, that tamed Heoeived. “ bounty; gal contract;;that woul in the posses- ion of the Captain or ‘te Purser; the Captain never ofhis authority, nor does the Ist Lieutenant ever question it; I donot recollect seeing them come aboard, but presume they were in irons: they were confined on board the ship in irons. The « Brig” as a slang term, and means any, place where the sen- try is to guard prisoners on board; nor do I recol- if they were te irons oy the 4th December, but they were certainly puni jin, and in the mean- Sines shay, were undoubtedly sn irons; they bs ti ertainly whij twice; no entry of whi rT the 4th. Beab was an Ganglion’ chen; Dineen and Roberts did duty very well; Roberts would drink, and we could not trust him on shore; Baab was remarkably trusty wp to this time: Captain Wilkes was on shore at the observatory, and Dinsman was employed as hie orderly. The ship was in my cl , but was #0 near, and so fre- quently on board, that I never considered him out ofcommand. He was within signal distance, and no one was ever confined without his, order.— Log book 20th June, 1841—No man’s name is men- tioned; none as bei i between the 20thand Capt. Wilkes been:to the mountains; re- tumed to the ship on the 23d; Roberts could not have been whi before then, ese men came home in the ship; they refused to do duty ; they re- fused to me, face to face, before I sent for the captain, and before they were imprisoned. The marine nard was larger than was common for versels of hat class, three or four more than the usual comple- ment, Ido not recollect the expression that he. cap. tain W., would punish the men every other day till they went to duty; he did say he would punish them wa they did return to A here were frequent and proper rtunitiesto home fro: Sandwich Toland We went to the Northwest Coast Wa Oregon brig. ‘The omissions certainly show mere neglect, in the officer keeping the book, or the facis did not oceur. [Defendant waives cross-exa- mination for the present, 1 J. 8. Brown sworn, was in the Exploring Ex- pedition as mathematical instrument maker, and to Yepair instruments, &c.; was in the Vincennes at Oahu ; was then living on shore; knew the plaintiffs; have a faint recollection of their having been pun- ished twice on board the ship, after | came aboard and she sailed from Oahu; I know that some of them were imprisoned in the fort at Honolulu; saw Smith there on one occasion; as far aa my recollection goes he was not in irens; at the same time I saw Dins- man at a short distance from me in the yard of the fort; do not recollect that he was in irons. I went with Mr. Stearns, the sergeant of the marines, to see | ed them in the fort; he went to persuade Dinaman to return to duty; I saw him talking with Dingman in ‘the yard, they were kept on board after we lett of said Samuel | da} ith | did not Jet us have a clean el fterwards transferred to the command of | d NEW YORK, TUE DAY MORNING, MAY 6, 1845. Oahu, except Dinsman, hecame home in the Por- poise. Mr. Brackenriper.—I was assistant botanist of the expedition; am now in part charged with the care (of plants, &e. brought home, and now at the patent offiee. I was in the interior of the island while the {ship lay at Honolulu. I saw these men after they were brought on board, after their impri- sonment, and’recollect their bei whipped once, and but once. I may have “béew ‘on shoer. at the other times, and was not always on board when the ship was at sea. I always witnessed shment when on |. We were all called to witness punishment; if I had been on be must have seen it; two of them returned with us, Baab and Roberts; we reached the United States in June; I think they were confined in irons on board ship, but can’t ay whether single or double; I did not hear Chat, ‘ilkes threaten them every to flog other day they returned to duty; something was said in the one ‘of advice, to go to to avoid the memes punishment ; fo pega term was up, and refused ; they were de |, 1presume, because their services were required ; their service had been very arduous and dif it in the South ; we were then going to the Northwest Coast; they were whipped with a ‘‘cat;” that is an instrument with nine thongs, made of amall rope or cord, about the size of this quill; I should say it would smart, but I never saw it draw ey Cross-examined—Has been in the fort, and seen the houses in which prisoners are confined; they are arranged within the walls of the fort, with the back to the wall, and the front looking out on an open area or space ; there are no doors to close them, and they are not needed for comfort in that climate ; one of the rooms I visited was twelve to fourteen feet ‘square, with mats on the floor, and mats hung round the walls, anda bed or bunk raised from the floor some little distance with mats in it ; it was altogether very comfortable ; another was somewhat smaller, with no mat on the floor, and mats only on two sides, with a bunk on the floor and mats in it; it was not se comfortable as the other, but still far from an un- comfortable place ; I did not examine them particu- larly to observejwhether they were clean or not; taro, is certainly a healthful, nutritious, and invigorating plant 5 {describes it botanically,} the natives almost ive on it, either plainly cooked, or as they prefer it made into Poa ; to one not welf accustomed to it, it is most acceptable in its simplest. form; I have most lived on it myself; I did witness the punish- ment of the men, but feeling no curiosity I was pre- sent under duty, and did no more than attend with- | th out particularly observing; it was not from any great sensibility or re] ance, for if the men deserved it I should have had but little sympathy for them; in this case the punishment was inflicted with all th usual forms on b ship. I did anything out of the ordinary way. ’ AMUEL Pgnsyt.—I was one of the marine guard on the Vincennes ; beforé we got. to Oahu the time of some of the men expired; they agreed to keep on till they got toOahu, where they could be sent home; laying in Honol there was liberty given before they refused to do duty ; after Smith’s time ‘was up we requested the Sergeant to speak to the Captain ; don’t know if he did; never got any an- swer; took it on our own responsibility to refuse to do duty; one morning Mr. Carr, the 1st Lieutenant, called us aft to the deck and asked us the rea- son; we told him our enlistment had expired, and we wished to be sent home from a port where there were vessels to go home in; he jiesed us about our business; we went forward; he sent for Capt. Wilkes ; Capt. W. came aboard, called us, asked us the same question, we gave him the same answer}; he told Mr. Carr to take us ashore in single irons, and then to:put usin double irons and keep us in prison till the: ; we were taken ashore in single irons, in charge of an officer of the ship and two Sergeants, taken to the fort, put into a cell all three together; in the first pisee in double irons ; Sergeant of the guard put them on before he left; the irons were carried from peeps we were left there alone, except the boatswain of the fort, as they called him, to look after us; kept in that cell two ys, then separated each to his own cell, and ke in the fort eighteen or twenty days; kept in double irons, except when allowed to go out on necessary occasions ; then they were taken off, and a sentry went with us, brought us back, and put the irons on again; none of our countrymen were with us to look out forand take care of us; in the first place they putus in e not observe in my cell, there was nothing but a bunk on the ground, with mats under me ; dirt floor; it was di and filth: 3; believe there was vermin there, for was of them when I got aboard; they rt while we were there ; fed us on taro and fish; the taro was fresh but sometimes the fish was not good, and we had to throw them away. In the fort the natives were brought in day and night; they were not ironed, but they had the same sort of treatment otherwise ; the sergeant was in once; Lieut. Pinckney and Dr. Gil- lou were also there; Capt. Wilkes did not tell us how long we had to serve, but he said he would hold us on his own responsibility till the end of the cruise, and he would punish us every day till we went to duty; he did not let us state our case to him; an cer and schavant took us on board; Mr. Sanford was the officer; Mr. Colvociressis took us on shore ; the natives turned out to see us brought on shore and carried back; we then had irons on our hands; as we came aboard, Capt. Wilkes and Mr. Carr stood at the gangwayi Capt. W. asked us if we would go to duty; we told him our terms had expired, and we did not wish to serve any longer; he then told Mr. Carr to put us in the brig in double irons; no persua- sions were used by Capt. W. to induce us to return to duty; we were kept there till next day, then cal- led on deck; Capt. W. asked us if we would return to duty; we answered him same as before; he then had us whipped, and gave us a dozen on the bare back; after whi ing, he ordered Mr. Carr to put us to duty; we still remained on deck, but did not do anything; in the evening, did not go to quarters; the sergeant reported us, and then we were ordered into double irons in the “brig”; continued there till next day, then brought to gangway as before; he asked us againfthe same questions; we gave him same answer, and he ordered us to be stripped and whipped again; Dinsman went on the Doctor’s list on the second day, from the effects of the blows, I sutlered; the stripes from the blows ; Capt. Wilkes did not say any- 9 it our agreement to serve for the cruise; it was not shown to us; when we said we would not go to duty, he said he would whip us every day till we did, and take the responsibility, let the consequence be as it would; same thing after the second whipping; let us go at large ondeck till evening; we did not go to quarters; were reported, and put in the brig in irons, and kept till next morn- ing, with sentinel over us; next day called up again; same thing again, whipped and let go; in the even- th time, and then went to duty; I recollect Roberts being whipped but I don’t know what it was for; he told Capt. Wilkes that was no place to see his rights, bet he would see it when he got to the Unite: tates. aphortng expedition Letlived in Phaadeyiins is ¢ ring expedition; I enlisted in jiladelphia, in October 1890; joined the Relief, and. went into the Vincennes at Cullao; did not enlist for the exploring expedition; enlisted for four years; I did not receive any bounty, A Paper was read to us on board the Relief, by Mr. Kowan, first lieuten- aut, then commanding her; Purser Dunn had th per; after that I received gis cash, as libe an an the paper; Ouptain Tidelin. tol might have liberty on shore, and I understood this was liberty irgecd" went from New York to Val- paraiso, and at jae was traneferred to the Vin- cennes. When we were at Oahu, and afterwards, when we were punished, Captain Wilkes did not re- fer us to the sergeant, or tell the t to explain tous how longwe had toserve. We knew our time was up. He never did explain to us that we had en- listed, or were to serve, for the cruize; he never made any explanations at all, but only required us to go to duty, ore would flog us every day. Stearns was our scepeeaty there was no commissioned offi- ceron board, Smith and I refused duty together; we had a conversation with each other, and — and we went with the sergeant to Mr. Carr. [think there were prisoners in thebrig at that time; we had been at the island a week or two; I don’t recollect any prisoner in the brig had got his irons off during that time, nor that any had got drunk while in the brig; don’t recollect when Pinckney and Gillou vi- sited us in the fort; they came together, about ten lays after we were contined; the sergeant, Stearn: and Rowan, came to see Dinsman; Dinsman_ tol me this, but did not tell me what they came for.— When we came on board, Capt. Wilkes made us no answer when we refused to go to duty, but turned to Mr. Carr, and told him to_put us in double irons. 1 don’t recollect whether Me Pinckney had on his uniform when he came to see ua, but he said he was on shore to go himeelf. Theard the paper read offby Mr. Rowan; after that Captain Edelin was in the cabin; we were called down to the door; Capt. Ldelin said it was liberty money, he would give e pa- money, us we us three days liberty on i and Touched a pen, ‘at itpredl ped #10 or 4 iM have no knowl of the. mi any representation to the the seme a - ty the which was Teosived anyih but the $10 or Le papers own to witness, Anticles, other Com. Jones’ Rowan; Inever money~ one the “Shippi General Order Ne 1] cennes, and as such served in the expedition into pcre wap a hind uf bunk put up; ufter that, | fi reported, put in prison, brought up next day, the | the ade | got drunk, and I could 2. ‘Witness never saw the former—thinks the latter is the one read by Mr. Rowan.) | " Direct.—I never received an_ increase of pay in consequence of being on this cruize. It was refused by the Department. The paper Mr, Rowan read was laid on the “Booby House” for half a day, and might have been seen by all the men. It was left there for the men to read. Plaintiffs reated. Ovzrrton Carr recalled to the stand by Mr. Brap- uey.—I sailed in the expedition as a lieutenant un- der a special commission from the President, and was afte appointed first liewenant of the Vin- the Antarctic. On that cruize we endured great hardship and exposure; the ship suffered greatly; we | bei afterwards, in the month of Sept. 1840, arrived at Oahu; while there, we were obliged to overhaul the ahig completely, to break up her hold, down to, but without removing her water tanks, which were re- filled, and the whole of the steerage was moved, and the ship thoroughly cleansed and ventilated; she had long yoyage in high southern lati- ly, and with occasional ror e tropics to the Sandwich Is- ds; of course the overha' was very thorough; besides this, her foremast had received so much in- then been on a Jury that it had to be taken out; and all the sails ane bs id= rigging of the other masts were taken down or ly overhauled; the ship was also caulked and re- paired throughout; in making these repairs, although we were actively employed; we were engaged until the scientific corps had completed their surveys on shore, and were ready to embark; previous to our renehing thks iletd, a8. the terms of some of the sea- men, who had enlisted for only three years, were about to expire, Capt. Wilkes mustered the men, a addressed them, complimenting them on the faith- fulness with which they had discharged their duties, and informing them that as the term of enlistment o! some of them was about to expire, he would, on our arrival at Honoholu, sideration of the good conduct of all, he would ex- tend the liberty to the whole ships’s company; that the cruize was not yet near up, they had yet to ex- plore the Northern Pacific, and he Avanted the ser- vices of such men in that cruize; that after their li- berty was expired, he would expect all those whose term of service was up, to. re-enlist, when he would ive them the bounty provided by the law, and allow them the extra pay, and he would endeavor to extra pay for all on account of the nature and value of their services; I understood this address to be to ie seamen; the marines he did not mention, otherwise than by ingluding them among those for whom he would endeavor to get incre pay; after our arrival at Oahu the Captain went on shore and established an observatory in sight of the ship, and other officers and men were detailed to the exe- cution of the scientific objects of the cruize ; I was left in charge of the ship with one or two other offi- cers and such men ahd marines as were deemed ne- cessary ; liberty was given to the men, and on their return to duty we immediately began the overhaul- ing and repairs; in this we were constantly en- gaged, Ikeeping up a regular communication with the Captain ; we lay close to the shore ; it was ne- cessary to do so while we were taking out the fore- mast; we were surrounded day and it by the natives, some of whom almost live in the water, and employed as the men were and with the marine guard I had, it was impossible to prevent communi- cation between them and the men; the discipline of the ship was kept up and the men kept at their duty ; there was some occasional disorder in the shape’ of drunkenness, of course, and men were occasionally imprisoned; the marines were the guard ship ; on the 16th November, the plaintuff Baab, the witness Pensyl, and a marine named Smith, were reported to me by the sergeant as refusing to do duty ; there was no commissioned officer of ma- rines in the squadron; they were commanded by Sergeant Stearns, who was also their quarter-mas- ter made this report to me; I called the men, and when they came, asked them what was their reason for thus refusing ; they said their time of en- listment was out and they wished to go home, and had come to the conclusion not to do duty any more ; my duty was clear; I reported to the Cap- tain ; he came on board, and I made my report ; he called them before him, they came, and he asked what they meant by this refusal; they answered him as they had mé, and he ordered them to be sent on shore to the fort ; this was done as I have stated at tet; before this time a man in prison on board, un- der guard of the marines in double irons, es- caped, leaving his irons in his place; another had e from imprisonment in broad day time; another had been permitted to get drunk while in prison, and the vigilance of the marine guard from some cause was certainly relaxed ; I did not go the fort ; it was not my duty ; no orders were given to deprive them ofa single comfort in food or clothing; it was the duty of their Sergeant to look after this and Teport it to me if any thing was needed; he did not report to me on the subject. He went with them to the fort, was on shore almost every day,-and:might have visited them in the jfort. It was not the duty of the captain to look after this unless complaint was made to him. He was obliged to rely on the reports from the officers. I did not then think it safe, and my opinion now is it was not safe to keep these pri- soners on e ship; it would have been very doubtful if Abt Linprobuble that they could have been kept there, situated as we then were. Ido not recollect these men being brought aboard ; I have no recollection of standing at the gangway with Capt. Wilkes, as stated by Pensyl, nor of his having then ordered them into custody. I do recollect their being br. tup the next day in irons. I well remember that in Wilkes then remonstrated with them, told them they had shipped for the cruise and it was his duty to detain them; that he called the Sergeant and told him to explain to the men the contract under which they agreed to serve for the cruise ; that the Sergeant told them of it, and of the bounty. they had received ; they denied it. Captain Wikes told them he must detain them, that their éervices were absolutely necessary, a he must punish them if they refused to do duty ; they did refuse, and were punished. He then order- ed me to let them go at large among, the crew, in in order that they might learn their duty by talking with their comrades, and return to it. 1 will not say positively that this occurred on the first day, my impression is it did oecur then, I know it did at one time, and preceding their punishment. Dinsman was sent to the fort, as I have stated in my first ex- amination. He was with Baab, Pensyl, and Smith when they were punished. I have no recollection of Robert’s having been Sa peat At the time of the punishment Captain Wilkes was calm, cool and collected. The services of these men were in my opinion essential to the cruise, especially in that rt of it on which we were then Letitia had Rnd experience of their necessity, particularly in the Fejee ds, in which we lost valuable officers by attacks of the natives. ‘The countries we were about to visit were peopled by a atill more ferocious race, and provided with better means of offence. As to vermin I have reason to believe, and do believe, there were none onthese men when they came on board from the fort. My reasonsare these: It was the duty of the Sergeant of Marines, acting as quarter master, to reportto me regularly the condition of the men, clothing, and their state of cleanlines. This was necessary to their health, [He was particularly instructed on this matter of vermin, and I have rea- son to believe he was faithful in that particular. J am confident and positive that there was but one in- stance of thisjkind during the whole cruize, and it was not in regard to these men, or either of, them. It, therefore, could scarcely have been possible for them to have them without my knowing it, besides their clothes were regularly and publicly overhauled. I did not observe that these men exhibited any to- ken of having _ suffered in their health during their confinement. They might have been confined on board the ship as I ‘have stated, if we had known who to trust. . * Cross-examined.—Vincennes; five or six sci- entific; four Heutenants; six {midshipmen and Passed; complement of sloop of war. I have sailed in sloop of war with 12 and with 18; serge marine guard than was customary; had manacles of imprisonment; never sailed ina vessel so situa- ted; can’t say it was not ible to keep them on board; we might have Oelled the otticers and armed them; a single man is sufficient to guard a man in irons; the natives inoflensive, unarmed, without means to rescue men ; the discipline of the ship and the authority of its officers were not relaxed ; there was a great deal of drunkenness on board, but that was not from any indulgence on the part of the offi- cers; the ably was 80 situated that we could not preventit; I should be sorry to think there were not men on board as trusty as natives to guard the men ; trons and sufficient could have kept the men, but the guard did not do their duty; the sergeant was ashore every day; I do not know what he was doing; he was under the command of thé captain ; the marine guard did not do their duty; we don’t close the ports in that climate ; I should say it wou!d make it more of a prison than the fort on the island; the closing ofYone port would not have made any material difference; with the means and men we had on board, we could, and ought to have kept them. [have said that a man escaped from prison; another not prevent it; this continued all the time the vessel daid in that condition; if we had drawn the shipjout in the outerport, it would not have been safe, with the foremast out; it sary to lie where we were; the commander permit. ted the men to go ashore, and if they got drank we took no notice of it; the same causes existed for ive them liberty, and in con- replied t | do not recollec! of the} an is neces- | plo Price Two Cents. keeping the men on shore up to the time the ship sailed; extra clothing was provided for the seamen and marines, and wasserved out to them during the cruize; and when the clothing for the cold climate was furnished to them they were charged with it, and when they came to a warmer climate suck clothing was again placed in the custody of an offi- cer of the ship, marked, and preserved until they returned, or came again to a cold climate, when the articles were again served out to them respectively, and such articles as were worn out or lost were id for by the United States; the men had had their clothes bags taken with them; it would have been the duty of the sergeant to report itto me; Ido not re- collect that he did so report to me, nor do I remem- r whether their clothes bags were sent; no com- plaint was ever made to me, as the first officer of the ship, that clothing was not furnished to them; there was a master at arms on board the ship, his name was Jarrett; he never did duty asa marine; he went ashore November 3d, 1840, and was dis- charged; Corporal Dobleman, of the marines, was master at arms after the Ist November, 1840; it was the Captain’s appointment; he had been previously ship’s corporal, who is the assistant of the master at arms; it was the duty of the master at arms, or the sergeant, to report to me if the men had vermin on em; no such report ever was made to me about ese men. Samve. Pensyi—States distinctly now that Dr. Gillou and Mr, Pinckney (Lieut. Pinckney) came to the door of his cell, while he wasin prison at Ho- nolulu, to look after his comfort and talk about his situation; they told they were then under ar- reat, and could not make any communication to the commander on their behalf; they also inquired after after Dinsman was impri: L came, at their request, and they gave him a me: to the sergeant to send them some clothes, and in the evening he returned, and said the sergeant had the first lieutenant had ordered not to and | and visited the other prisoners; this he thinks was |; that Dinsman also let them have any clothes; the sergeant put on the foot irons in the fort; the master at arms put on the hand irons before weleft the ship; Mr. Colvociressis ‘was present when we were ironed at the fort; I do not recollect that he was present when we were ironed on board the vessel; we were carried through the streets to the fort, in the presence of the natives and foreigners, if any happened to be there, which I rt. Mr. Bupp.—Was an officer of the Exploring Ex- pedition, as master of the Peacock ; I rwards Joined the Vincennes as lieutenant, before she reached Oahu; at Oahu I was attached to the ship, and was on board on the 16th November, 1840; at that time, or about that time, we had our foremast out; but I am not sure it was on that day; during our stay there, we overhauled her completely 3_ broke up the hold; on the 14th November sent the sails ashore; during my watch one afternoon, about that time, L recollect a man escaped from the brig, in the ship, fet overboard, and clear off; 1 reported to the first feutenant, and we despatched boats after him with- out success; I do not think it would have been safe to imprison three or four marines on board; the plaintiffs were sent ashore under guard of Dobleman, corporal of marines, a sergeant, and in charge of an officer of the ship; the Governor resided in the fort, and I visited him there more than once ; the fort it- self seemed to be kept in as good order as it could bein such a country; the Governor spoke English; I never was in the prison; I do not recollect when these men came al 1; but on the 4th they were punished by flogging; either on that occasion, or sub- ently, Captain Wilkes remonstrated with them, nd explained to them his obligation and duty te pu- nish them, and his regret that they compelled him to punish them; there was no unusual degree of se- verity in the punishment, or the mode of its inflic- tion, but the contrary; Captain Wilkes did not ap- pear to be ina passion, nor did he exhibit any other than kindly feelings towards them; this is very strongly impressed on my mind; the climate is very “Ui Torres.—W d midshipman, and Mr, Torrey.—Was a passed mic man, as such joined the Vincennes ; in August, 1840, was made sailing master of the Vincennes, and was so acting when we lay at Oahu; I was master on shore; {had to make astronomical observations; on board I had charge of the breakimg up of the hold; have no knowledge of any want of aa the part of the marines; the condition of the ship was such, that it would have been unsafe to have imprisoned three oy four marin ship; I recollect when the men were called up for ment, Captain expostulated with them, urged them to return to duty; his manner was unusually mild and calm; they refused, and were punished more once; cer- tainly not more than three times; it was the duty of the master-at-arms to make a report of the pris- oners. The marines could have been confined on board, if theyyhad been put in the hold, and iron- ed, and hatches put over them; there were marines enough, if we could have told who were to be trust- ed; the officers might have guarded them, if they had had no other duties to perform; I do not know what they were, that was the Captain’s business; it was a e | did not do the case of the habeas coi issued for the benefit | of a colored woman, who claimed her freedom. Wrrnrss—I was on board ship the 6th and 7th De- | cember. The 6th came on the Sabbath; I saw no | man whipped thas days Ihave be mrallection, of see- | ing @ man whipped on shipboard on Sunday; it is an unusal thing; I did not hear defendant my! e would take the responsibility; what he might have said I did not hear—it did not occur in my hearing; I never heard him make such statement. Lieut. H. Exp sworn.—I was with the Exploring Expedition, as a Passed Midshipman, most of the cruise. I came home as Master of the Vincennes; I was with her at Oahu, in September, October, and November, 1840, and on shore at the observatory— | the observatory was a place erected for astronomical | and magnetical observations, established by the commander. My duty at was partly civil, part- ly military, or, rather, it was‘civilduty, under military | law. Iwas inside the fort; it was used as a place of confinement for refractory seamen a merchant | ships; I do not know of seamen being shipped from the fort; I was not on board when the men were sent to prison; I was not often on board while the ship lay at the island; I have a general knowledge of the condition of the Vincennes at Oahu; she was pretty much the same as a ship overhauled—the hold turn- ed inside out, and the brought out on deck; it would not have been safe or comfortable to have con- fined the prisoners on board; they were much more comfortable on shore. 1 was on board ship when she sailed; I do not recollect sain the plaintiffs be on moet saw tag ae the 7th eh rought up the ay; the Captain remonstrate with them, Pat gh dicta to resume their duty. They refused. I can’t remember the language of the Captain, but he said in effect he was re whip them, “yet that necessity compelled him, if they “ir duty. Thepinere whipped twice, perhaps three times; cannot think it possible to have occurred on Sunday. ae ig more unusual than to whip a sailor on Sunday. We may sometimes give them a half dozen, or so, over the coat; no use of the ‘“‘cate” is made on ‘Sunday. We sailed from Oahua to the Northwest coast; we had not too many marines ; detached scientific parties going on shore, always had an escort of marines ; we ha formed five as a guard at the observatory; frequently a strong force of marines was required in the scien- tific excursions on land. c C examined by Mr. May—I lived on shore while the men were at the fort; did not see men from merchant vessels confined in the fort; it was possible that the ship’s prisoners could not be detain- ed, but not probable ; it is my opinion the fort was more comfortable for the prisoners than the ship; I did not go into the cells, but saw they were open, airy, and quite comfortable ; it is the custom tomake entries in the log book of the whippings inflicted, and the ipes is alwaysspecified. The number of airings Ls log book was here referred to in proof that it is the custom to record the floggings inflicted on board ship. Mr. Braptey—does case to which you are re- ferring, relate to these men % Mr Max-<No, Sit ; it is. referred to as a proof of the ‘regulations in the service ; and I wish to show by it, that while the custom was adhered to in the record of other cases of fl , in the case of these a4 the transaction was not entered upon the OOK . (After some controversy between Messrs. May and Bradley, upon this collateral issue, the reference in question was ruled out by the Court.] Capt. Epruix—Was Captain of Marines attached to Exploring Expedition, from May, 1637, to June, 1838; in October, 1887, I was on board the Macedonian, in New York; the shipping articles, or contract of the marines {marked A] was prepared on board that ship and handed to him; he caused it to be read distinctly to the marines on board the ship, and explained it to them; among them was Owen Roberts; and after it was read, it was signed by Roberts in his presence, and witnessed by him; the paper was then given to Purser Dunn, and witness does not know what became of it afterwards. The Captain of the ship has the care of the shipping articles of the men; but the marine officer has cl e of the marines, and his evidence was a list from the Adjutant’s office of the corps. I am clear, distinct and positive that I ex- plained these articles to the men, and that they under- stoodthey were to serve {during the cruise, if it should last twenty years. I did not give the men liberty mo- ney; liberty’ ‘money is always part of their pay. | pro- mised, and they received, bounty, according to these articles, for this special service, under the orders of the commander of the squadron, and,I saw the bounty paid to and received by those whose signatures I have witnessed. I did not sail with the expedition; there was no commis- sioned officer of marines on that expedition; they commandéa by Mr. Rowan & at the time of the shipment of the plaii in October, 1837. The expedition had fora year, and so much of the term of service of the the point, not six feet above the level of the ea; { was acquainted with the food called taro; (upon which plaintiffeaay they were fed,) it is food some thing like a potatoe ; not ¥so poh ; a clammy one will clog a man’s stomach ; there is a great differ- ence in the quality ; but the best of the articlejis not as good asa mene it isthe custom of the service to record in the log ‘the, inflicted at sea, and the number of stripes, and I believe there is a recent regulation to this effect, by order of Mr. Upshur, late Secretary of the Navy. 5 Cross-examined by Mx. Brap.ey—I have beenjin the service nine years and four mouths. in the exploring expedition as acting]midshipman; was on board the Macedonian before ;the exploring _ex- edition, but not*to sea in that ship. My duty at ahu was partlyfashore, partly on board; duty was chiefly military. Duty so various should not like to go Gg Ssde it. The Peacock did#not require repairs hikejthe Vincennes. Recollects'the Vincen- nes had to take out her foremast, which was sprung. The Peacock arrived at Honolulu some five or six - days after the Vincennes. The Peacock was not overhauled to any great extent. Had been over- hauled at Sydney re-caulked some’six months before. Bibs were put on the mainmast at Honolulu, which might befdone in a day. _The hold was not broken up morejthan usual onjoccasions of ships roing. into port. The officers messed on shore ; don't recollect of the men messing on shore, but officers and men messed on shore according to leave to do so; did not remember of any prisoner ¢ from the Peacock ; men escaped ; a prisoner at large might possibly escape ; prisoners confined on board ship invari ly got drunk ; they have liquor carried in their food by their mesmates ; do not re- collect of bringing but one prisoner from the fort ; there were others, however, brought out from time to time; knew Sutton; he was neither a seaman nor a marine, but a landsman. [Mr. May objected to this part of the testimony, and it was "dropped. Mr. Bradley asked if Mr. Blair knew of any a between the sentry and marines on the ship Peacock at Oahu ®] Witness did not recoilect ; but these fracas’ were of common occurrence ;_ did not recollect particularly the case of Riley, tried by a court martial ; it was.a proof of the good dinepine of the Peacock that the court martials were held on board of her; the prisoner brought from the fort to the Peacock had been confined in a cell under the govemor’s house; there were other cells opposite not so secure ; the ground under shelter in the fort must have been ae from its coral, porous nature ; it rained frequently on the island ; almost every day in the evening the clouds would gather round the mountains and come over the town in a shower of rain; besides there was the rainy season; witness detailed the process of breaking » the pene overhauling ; did not see Sutton at the fort ; rty was given to the men in the early part of the day to go on shore ; Mr. Blair was further interrogated and replied with much ge and intelligence, as to the minutiw of the government and duties of men on board ship, the manner of ct soners, &c. ‘ Questions by Mr. May—Witness answered, cer- tainly sir ; T could have undertaken to five prisoners on board the Peacock, under irons, and thought nothing of it; we couldfhave kept the natives from the ship perfectly easy,‘but we let them come on board. Mr. Braptey—How-would you keep them off? aNereeae 8 ordering them away, and if they pernieted by nocking one or two of them on the ead, and the rest would be sure to keep their dis- tance; they are a very inoffensive people, the Sand- wich Islanders; very httle grog supplied by natives to men on board; they were generally white men who did this business, and we kept aneye on them; there was no danger of the Islanders coming on board, and releasing the prisoners, if there was pro- per watch. Lieut, Portex sworn—Examined by Mr. May.— Is a lieutenant of the Navy; every ship I have been on board of the punishments of men are recorded, and the stripes; must ae there is no difficulty in confining prisoners on. board a ship of war; have seen fifty or sixty so contined atonce for dru eae and other disorderly conduct; prisoners ought not to escape, if ironed and under watch, according to custom on board ship; a man should not be flogged more than once for the same offence; refusing to do duty, and persisting in it, would be mutiny, and sub- ject to a higher tribunal than the order to be flogged; never have been at Oahu; can hardly imagine what wld be the condition of a ship with the se tage NLA pni- boards’ did nop en on . € ition; a car at of a blic ship has nol right to send prisoners on shore for confinement, unless at the Consul’s house} -they were sent otherwise without the jurisdiction of the me expired. It was therefore deemed expedient to enlarge the timeof service, and for that purpose new shipping articles were prepared. These were sent to the several ships, and on board the Relief a general or- der from Commander Jones was read to the men, and af- terwards, the plaintiffs, Baab and Dinsmore, signed them in my presence. I don% recollect the fact of their havin; i them, but their names are in my handwriting, an¢ witnessed by me; I do not recollect that they were read reat deal better for the men to be kept ashore, both | 2¥¢F °F ex to them at the time; but it is my unt rh comfort nd ney url oh og | Br ae naman ey cnet book to contain entries of punishment, the nature | them. If they say yes, their signatures would be taken and extent of it. atonce. I have no recollection of what was done in Cross-examined.—The sailing master has chi of the log book; the officer of the deck makes his entry on a slate, thence it is — into the log book, by the sail master, signed by the officer of the deck, and submitted to the captain; the captain can- not alter, nor can he prevent an officer, by ay cole from making entries; it is the duty of the officer to make them; Iam confident and positive they were not punished on Sunday. } Court adjourned over to Monday—the foregoing testimony having occupied the court from Tuesday, the 22nd ult. to Friday evening, inclusive. Monpay, April 28, 1845. Mr. W. D. BrackenrinGe, a botanist of the ex- ae expedition, examined by Mr. Braptey.— itness heard something said by the commander in reference to taking responsibility of whipping pri- soners, but what it was, could not now exactly state; did not recollect any exhibition of violence of temper on, part of Lieut. Wilkes; the services of the ma- rines were very essential in the cruise. { Cross-examined by Mr. May.—The marines not wanted on ship were required on shore; I remember no display of temper by the commander; witness was not in the line of the navy, but was attached to the scientific corps; had no experience in the con- duct of naval officers at sea; I am of opinion that whipping on the back is a severe punishment; was not in the habit of witnessing men d; did not say I had a repugnance to such scenes, but think that bunialinat when deserved ought to be inflicted; id not say I had a repugnance to see a man flogged, but thought it was not an edifying or instructive spectacle; the services of the marines, on ship or shore, were always in demand; I was under their boa on land several times; it would certain- d. be unjust to punish kiesacnets when they did not ere it—that is perfectly clear. Mr. J. L. Exxior swown.—Sailed with the Ex- ploring Expedition as chaplain. Was at the of Oahu in 1840, when the expedition lay there, and was on shore; know nothing of the fort; it was a short distance from the ship; [' was not within the en- closure, of the fort; had no positive knowledge of the fort being a place of confinement of disorderly sea- men from merchant vessels; but heard that merchant- men and whalers— Mr. May.—Don’t say any thing what they told you; we want only your own evidence. _ Wirvxss.—I was on shore at the island of Oahu; I igh of an assemblage of seamen on the 9th of Octo- r Mr. May.—Were the plaintiits among them 1 cen ‘No, sir. od as 1 e test was objected to in this particular as incumbent rete m Wityxss.—I knew the Governor of the fort at Oahu; he could speak English sufficiently intelligi- bly for common conversation; it is my impression that he was a communicantof the missionary churc! there; do not recollect distinctly whether 1 was aboard or on re at e time of the imprisonment of the plaintiffs. I was, most proba- bly on board ship when they were brought back , cer- tainly on the day when the shipsailed. We sailed at noon on 8d December; on the 4th, at 9 o’clock in the morning, the plaintiffs were called up, and punished in the usual way and place. I recollect that the com- mander expressed his extreme regret of the necessi- ty of thus compe! the plaintiffs to do their duty. I never heard defendant state he would punish plaintiffs on his own responsibility, neither on that nor on og ae occasion. There was no differ- ence in the ishment inflicted from the usual mode. The defendant expressed his extreme regret at the necessity of punishing the plaintiffs; recollect this well, for I was ith the American con- sul at the time, who would certainly have an eye to the interests of American citizens. I have had some experience as a seaman, After some dispute on a point of testimony, be- tween counsel on either side— Question by Mr. May.—Were there not five or six Hote marines on board than were actually re- juires ‘ Witvess.—No, air; I should say they were all ne- cessary, either on ship or on shore; as leng after a9 I remained, which was nearly a year, the marines were always on duty, either as guards with the ex- lloring excursions on land, og in some other capa- city. ste. James Hopan pare. interra d it the proceed- ings, by asking of the be done jn, h | to the testinion: the | whieh coul this instance. If the articles differed from the general order of Commodore Jones, I would not have thought it my duty to go farther than to ask the men whether they knew what they wore signing—that was their business. If they said yes, I would have taken their signatures without giving any explanation. If they said no, t would have read them over—not otherwise. if the Commodore chose to change his orders, it would not have made any difference in my practice. Mr. Purser Dunn testified as to the payment of the bounty money. Mr.Purser Sreepen re-examined.—I was on board ship at Oahu in September, 1840; was of the crew of the Peacock; I recollect the \time the Vincennes was undergoing repairs; I lived on shore; I was in- ide the wells of the for several times; the area of the fort was very extensive; there was a good deal of ae ground; and there was a row of shantees along the wall inside to cover the prisoners from the sun; wasin the shantees; I conversed with at least one person sitting in the shade of one of the shanties—he ‘was a prisoner from the crew of the Peacock; I onl know from hearsay that men from merchant vesse were es as poapaer in the fort; the fort had a wall made of coral; it may have been of earth and straw, but L am of the impression that the wall was of coral; the fort was ona level, it was very large, holdi frequently tive or six hundred Kanaakaas, or island- lers; the Governors residence was inside the fort; have no recollection of any cells in the fort; do not know what cells are; there were shanties in the fort but no cells; the entrance to the fort was goarae at two gates, one fronting the sea, the other the town; guards were stationed there on the walls; the walls were, perhaps, 12or 15 feet high; I should think about 12; the shanties were decidedly more comfort- able than the ship; I remarked to Sutton, a prisoner in one of the shanties, that he was very comfortable sitting there in the shade, while his ehipmates were toiling in the sun scraping the decks; | was not on board the Vincennes. " [Examination suspended on_ account of the return of the writ of habeas corpus, “with, the colored girl mentioned by Mr. Hoban as claiming her freedom. The girl a pretty and fascinating, bright-eyed, mis- chievous looking mulatto of 18 years. In examina- tion of the evidence pro and con, she was discharged as free.) Examination resumed.—Mr. Lieut Biarr sworn, exainined by Mr. May.—Was an officer of the Ex- loring Expedition at Oahu in 1840; wai on board the cock, one of the vo | squadron; the ship lay in the harbor of Honolulu, near the Vincennes. The Porpoise was there part of the time; she was also one of the Cg yaa | Question by Mr. May.—Was not the Peacock in time? Mr. Brapiey objected, and appealed to the court. | Mr. May was sustained in his question as relevant Wrsiresee—litie Peacock could have confined | four marines, or more than that number at one time under charge of the sentry, on board. Had more than that number at one time | Question by Mr. May.—Which was the nearest, the forton the shore or the Peacock, to the Vin- cennes ? ‘ Angwe.—The Peacock. It the Vincennes had on her guard, she onght to have been able to confine four pnsoners. | am of opinion that a ship not so take charge of her own risorers, ought not to be in commission.— know the plaintifis; knew them on board other ships; they were orderly and re- etable sailors ; Dinsman was particularly clever ; ere are various ways of making prisoners safe on ship board, even without a guard, #0 that they can’t t away unless they pull the deck off with them ; I} fave been in the fort at Oahu; only once on duty ; | on the occasion of the impnsonment of one of the | Peacock’s crew, for some disturbance in the town ;| the fort is not a very clean place ; walked inside | very hghtly; place of confinement of all sorts of prisoners, strumpets, ‘and-so-forth ; very dirty place ; men from ships confined there were fikely to Baas vermin on ship; did not think it a fit pace for a seaman, and brought one away myself, y command of the Executive officer of the Pea- cock ; do not know that these men were in the at the time: it is customary to allow rations, or mo- ney for them in lieu thereof, on board ship; under dry, being lown should the fort was not | composed of com, and very porous, and di | over street, and all the a condition to hold four marines as prisoners at the | ge: sat | United States; had been attatched to the coast sur- vey; the ships in that service were under the - lations of the Navy. Mr. Porter being discharged, Mr. Brapigy submitted certain instructions he should ask of the Court, and after some discussion with the plaintiff’s atorney, in contesting exceptions proposed, the Court adjourned. To be continued. Rerortep Far.ure or THE Bank or Sr. Cram. A report was quite current inBuffalo on 3rd inst., that the Bank of St. Clair, of which e Smith & Sons are the reputed principal backer a. C in the sta- but that on his Lat Cleveland yesterday, he found quite a differ- ont state of things existing. The citizens of Cleveland were in a atate of excitement, anda run ha been made on the Exchange office connected with the institu. tion, it was deemed necessary to close the same. This 50 exasperated the pepulage atan attempt wes made to mob the building by proceeding to tear off the shut- ters. A number of the principal citizens promptly check- ed the proceedings by having the doors of the Exehange office opened, thereby giving admission to all who were disposed to enter. The money was refused in payment for goods, and was being hawked about the streets at 50 and 75 cents on the dollar, On the other hand, however, it is said that Mr, Barney arrived here last night with « quantity of specie to mupply the Bank and immediately ordered out the steamer Chesapeake. The Chesapeake was not to have left here until this morni: ind the fact of her having left here in such haste would seem to indi- cate that there is some truth in the report. We trust that ti usly await farther developments in relation to the matter. While waiting for such developments and more pre- cise information, we do not deem it advisable to give cur- rency to the thousand rumors that are afloat. Much that we hear is doubtless highly exaggerated. i t Fire, at Porrsmouts., N. H.—Nor ise THAN $120,000 Destroyvep.—It becomes our painful duty to record the most serious and sad calamity that q | has befallen our town since 1843. About half past 12 o’clock this morning, a small wooden bi in the rear of the hat store of Daniel Knight & Co., west side of Market st., was discovered to be on fire. The wind was blowing fresh from the westward at the time, and the flames communicated to the adjacent buildings, and spread with fearful rapidity in three directions, con- suming several large and valuable brick blocks, together with a number of wooden dwelling houses and out- buildings, inthe most central and business part of the town. On market street, all is laid in ashes on the west side, from the store of Nehemiah Moses to the Mcintire block, so called, both inclusive, except the store occu- pied by 8. J, Dodge, grocer, on the corner of Hanover street ; on the east side, from the store of Samuel Rowe & Co., adjoining that of Wm. Jones & Son, to the corner of Penhallo ireet. On Penhallow street, the brick block occupied by Conceder Derby and J, G, Rand.— ‘Three wooden dwelling houses on the south side of Han- jildings in the rear to, but not including those on Ladd street. The following isa more precise account of the extent of the damage, for which we are indebted to Joreph M. Edmonds, Bag. We have not time to ascertain further particulars. Many goods have been consumed, and we are confident that the loss cannot be less than what we have stated it above. Large three story dwelling house rear of Market street, occu- ied by Mrs. ) iyj. Cheever and David Kimball, and oce b clothing warehouse, David Pinball own & Joy, furniture warehouse ; brick druggist, house, Market street, owned by Benj. Cheever, and oc- cupied by H. M. Clark, provision and grocery store, and George W. Jenne fe brick block, Mark occupied by John P. L: grocery store 5 furniture warehouse ; @ J. M. Mathes, brick block, Market street, ocoupied by aniel Knight '& Co, hat store, and Hill & Carr, shoestore Brick block, hog street, owned se Lo and occupied by Nehemiah Moses and Chas, W. Clark, as cious ‘warehouses, Waldron’ brick block, Market streot, occupied by Kittredge i rarehot C. ke Myers, olot ‘Walker, glgthig pike hat re ray, confectio Groce! 5 in Penhallow street, store occupied by Conosder Derby, nd dwelling house occupied by J. G. Brick store in Market het owned fy ‘Wwittiiam Ree tat occas Samuel Rowe & Co., grocery store. Mcintire’s brick buildings, Market street, occuplediby Samuel Wiggin, rovision store; Lewis SS cedernit op; J. Holmes, J. Re etna, Jobo Pinges, and Ma Vokouemy- awe houses. In Hanover street, a two wooden dwel- ling house, ocepuied by Capt. Edward Kennard and Mrs. Place; a two story wooden dwelling house occupied by Hall Varrell, a two story wooden dw house owned y Robert Gray, and oecupied by John Sanbo and Wil- iam Shapleigh; '& two story wooden dwelling. house owned by Marsh estate, end occupied by @amuel P. Wig- gin. Portsmouth (N. H.) Mercury. Ics estimated that more than ten thousand lime cashs were taken into Thomaston market, Boston, on Monday last; which at fourteen cents @ piece, amounted tos! a Perstment Pork.—A very fine large li phic likeness of James K. Polk, has been recently issued by Mr. Chas. Fenderich, of this city, whieh is high- creditable to the artist, and. is the beet likenses of e President extant. ‘