Every Man Will Do His Duty

by Dean King

  On my return to the Essex, at half past seven, one hour and a half only after the enemy came in sight, I found the ship completely prepared for action, and every man on board, and at his post. We had now only to act on the defensive. At eight o’clock the two ships came into the harbour; the| frigate, which proved to be the Phoebe, Captain Hillyar, ranging up along-side of the Essex, and between her and the Essex Junior, within a few yards I of the former. The Phoebe was fully prepared for action.

  Captain Hillyar very politely inquired after my health; to which inquiry I returned the usual compliment. And here it may be proper to observe that Captain Hillyar and myself had been acquainted in the Mediterranean. While his family resided at Gibraltar, I was in the habit of visiting them frequently, and had spent many pleasant hours in their company. For Captain Hillyar and his family I entertained the highest respect; and among the American officers generally, no officer of the British navy was so great a favourite as Captain Hillyar. The former paid to his family greater attentions than to any other persons similarly situated; and on the other hand, were always received with the like in return. On one occasion, during the absence of Captain Hillyar, they placed themselves under the protection of Commodore Rodgers and came in his ship from Malta to Gibraltar; where Mrs. Hillyar joined her husband. But, to proceed with my narrative:

  Finding the Phoebe was approaching nearer than prudence or a strict neutrality would justify me in permitting, I observed to Captain Hillyar that my ship was perfectly prepared for action, but that I should only act on the defensive. He immediately answered, as he leaned over the quarter, in a careless and indifferent manner: “O, Sir, I have no intention of getting on board of you.” I told him again, if he did fall on board of me, there would be much bloodshed. He repeated his assurances, with the same nonchalance, that such was not his intention. Finding, however, that he luffed up so as to cause his ship to take aback, whereby her jib-boom came across my forecastle, I immediately called all hands to board the enemy, directing them, if the ships’ hulls touched, to spring upon the deck of the Phoebe. At this moment, not a gun from the Phoebe could be brought to bear on either the Essex or Essex Junior, while her bow was exposed to the raking fire of the one, and her stern to that of the other. Her consort, which proved to be the Cherub, of 28 guns, was too far off to leeward to afford any assistance.

  It is quite impossible for me to describe the consternation on board the Phoebe, when they saw every officer and man of the Essex armed with a cutlass and a brace of pistols, ready to jump on board. They had been informed by the boat of an English ship in port that the Essex was in great confusion from the entertainment and that the greater part of her crew were on shore. On witnessing this unexpected preparation for his reception, Captain Hillyar raised both his hands and protested with the utmost vehemence that he had no intention of getting on board of me; that it was altogether an accident that his ship had been taken aback; that he was exceedingly sorry she had been placed in that situation; and that he had no hostile intention in doing so.

  The Phoebe was at this moment completely at my mercy. I could have destroyed her in fifteen minutes. The temptation was great; and the equivocal appearance of this near approach of the enemy might have justified my attacking him on the plea of self-defence. But I was disarmed by these assurances of Captain Hillyar; and accordingly, hailing lieut. Downes, told him not to commence hostilities without my orders, as it was my intention to allow Captain Hillyar to extricate himself from his disagreeable situation. The Phoebe accordingly separated from the Essex, drifted by my ships, constantly exposed to their raking fire; and after getting clear of them, anchored on the eastern side of the harbour, within reach of her long eighteen-pounders, but beyond the range of my carronades. The Cherub anchored within pistol-shot of my larboard bow, and, upon this, I ordered the Essex Junior to take a position that would place the Cherub between her fire and that of the Essex: an arrangement that gave great umbrage to her commander, Captain Tucker.

  On going ashore, there was a general expression of astonishment among the officers of the government, and the people of Valparaiso, at my forbearance in not taking advantage of the opportunity which had thus presented itself for destroying the enemy. My reply was that I had always respected the neutrality of their port and should scrupulously continue to do so. Nor, although subsequent events have proved that Captain Hillyar was incapable of a similar forbearance, have I ever regretted for a single moment that I permitted him to escape, when, either by accident or design, he had placed himself entirely at my mercy. At no time, during the engagement which took place afterwards, or since, would I have changed situations or feelings with that officer.

  Captain Hillyar and Captain Tucker, the day after their arrival, paid me a visit at the house of Mr. Blanco, where I generally staid while on shore. Their visit was soon returned, and a friendly intimacy established, not only between the commanders and myself, but the officers and boats’ crews of the respective ships. No one, to have judged from appearances, would have supposed us to have been at war, our conduct towards each other bore so much the appearance of a friendly alliance. At our first interview, I took occasion to tell Captain Hillyar, it was very important that I should know of him whether he intended to respect the neutrality of the port. He replied, with much emphasis and earnestness: “You have paid so much respect to the neutrality of the port that I feel myself bound in honour to respect it.” I told him, the assurance was sufficient, and that it would place me more at ease, since I should now no longer feel it necessary to be always prepared for action.

  In the course of this conversation, I adverted to a flag he had hoisted, containing the following motto: “God and country; British sailors’ best rights; traitors offend both;” and asked him the object of it. He said it was in reply to my motto of “free trade and sailors’ rights,” which gave great offence to the British navy—whenever I hoisted that flag, he should not fail to hoist the other. I told him, my flag was intended solely for the purpose of pleasing ourselves and not to insult the feelings of others; that his, on the contrary, was considered as highly insulting in the light of an offset against ours; and that, if he continued to hoist it, I should not fail to retort on him. The next day, this flag being hoisted, I displayed one bearing the motto of “God, our country, and Liberty—tyrants offend them.” Three cheers followed on the part of the crew of the Phoebe, which were returned from my ship. The thing was taken in good part by Captain Hillyar; we talked freely and good humouredly of the object of his coming to that sea; the long hunt he had after me, and of my views in coming to Valparaiso. He asked me what I intended to do with my prizes; when I was going to sea; and various other inquiries were put and answered. I told him, whenever he sent away the Cherub, I should go to sea; that it would depend upon him altogether when I departed; that, having thus met him, I should seek an opportunity of testing the force of the two ships. I added that the Essex being smaller than the Phoebe, I did not feel that I should be justified to my country for losing my ship if I gave him a challenge; but if he would challenge me, and send away the Cherub, I would have no hesitation in fighting him.

  To these and similar observations Captain Hillyar would reply that the results of naval actions were very uncertain: they depended on many contingencies—and the loss of a mast or a spar often turned the fate of the day. He observed that notwithstanding the inferiority of my ship, still, if I could come to close quarters with her carronades, I should no doubt do great execution. On the whole, therefore, he should trust to circumstances to bring us together, as he was not disposed to yield the advantage of a superior force, which would effectually blockade me until other ships arrived, and at all events, prevent my doing any further injury to the commerce of Britain. As regarded my prizes, I informed him, they were only incumbrances to me, and I should take them to sea and destroy them the first opportunity. He told me I dared not do it while he was in sight. I replied, “we shall see.”

  Finding Captain Hillyar determined
to yield none of the advantages of his superior force and being informed there were other ships bound into the Pacific Ocean in pursuit of me, I secretly resolved to take every means of provoking him to a contest with his single ship. The Cherub being quite near to the Essex, the respective crews occasionally amused themselves with singing songs, selecting those most appropriate to their situation and feelings. Some of these were of their own composition. The songs from the Cherub were better sung, but those of the Essex were more witty and more to the point. The national tune of “Yankee Doodle” was the vehicle through which the crew of the Essex, in full chorus, conveyed their nautical sarcasms; while “the sweet little cherub that sits up aloft” was generally selected by their rivals. These things were not only tolerated but encouraged by the officers through the whole of the first watch of the calm, delightful nights of Chili; much to the amusement of the people of Valparaiso, and the frequent annoyance of the crew of the Cherub. At length, Captain Hillyar requested me to put a stop to this practice, and I informed him, I certainly should not do so, while the singing continued on board the Cherub.

  About this time, one of my prisoners made his escape, by jumping overboard from the Essex Junior. A boat put off from the Cherub to pick him up; and notwithstanding every effort on our part, he was carried on board the Cherub. This affair led to the following correspondence between Captain Hillyar and myself, in which the reader will perceive some little asperity, and the first which had showed itself since our meeting. I felt that Captain Hillyar had violated his pledge in permitting the rescue of this man, and could not forbear placing it in its true light. The reason of my not demanding his restoration must be obvious to all when it is considered how advantageous such a precedent would be to me, predisposed as the British sailors are to desert at every opportunity.

  His Britannic Majesty’s ship Phoebe, Valparaiso,

  9th Feb.1814

  Sir,

  By an Englishman picked up by one of his majesty’s sloop Cherub’s boats, in a drowning state, Captain Tucker has been informed, that nine of our countrymen are suffering the miseries of close confinement, on board the American ship of war under your orders; and that the calamity of imprisonment is aggravated by their being kept in irons. As this mode of treatment is so contrary to any I have ever witnessed, during a very long servitude, as well as the usages of honourable warfare, may I beg (if the statement is just) that you will do me the favour to interest yourself in their behalf.

  I HAVE THE HONOUR TO BE, &C.

  (Signed) JAMES HILLYAR.

  U. S. Frigate Essex, Valparaiso,

  10th Feb.1814.

  Sir,

  I have the honour to acknowledge the receipt of your letter of yesterday. The information you have received from the prisoner who made his escape from my armed prize, and who was assisted in effecting it by the boat and crew of his majesty’s ship Cherub, is correct as respects the situation of the remaining prisoners of war on board the Essex Junior, as well as those in the Frigate I have the honour to command.

  When at the Island of Nooaheevah, my prisoners, while on their parole of honour, made a most diabolical attempt to possess themselves of my prize by means of poison, with a view of making their escape. I detected and secured them; and when I no longer apprehended further danger, I liberated them. Since my arrival here, I have again found it necessary to secure them, and those on board my prize have been confined two days.

  I have not perhaps had as long a servitude as Captain Hillyar; nor was it necessary I should, to learn honour and humanity. I deem it only necessary to say, that, of the many prisoners who have fallen into my hands since hostilities commenced between the United States and Great Britain, none have been confined but for my own security; or otherwise punished but when they deserved it.

  I HAVE THE HONOUR TO BE, &C.

  (Signed) D. PORTER.

  Our next meeting on shore, after this correspondence, was, however, very cordial. I made a proposition to put all my prisoners on board one of my prizes, without a cargo, and send her to England, with a passport, to secure her from capture; there to take in an equal number of American prisoners, and proceed with them to the United States. Captain Hillyar expressed some doubts of the propriety of this course, and adverted to a similar arrangement with the captain of the sloop of war Alert, captured by me, sent to St. John’s, Newfoundland, with my prisoners, and thence to the United States, with an equal number of Americans. He wished, if possible, to see the correspondence respecting this arrangement.

  In the course of this conversation, he mentioned the stories related to him by the man who made his escape from the Essex Junior, respecting my treatment of prisoners. Some of these were of the most extravagant and malicious kind; and if true, rendered me unworthy of my country. They had made an impression on the minds of the British officers, much to my disadvantage, and were calculated to operate greatly to the injury of the American prisoners that might hereafter fall into their hands. I felt it therefore due to my country and countrymen, as well as to my own honour, that the thing should be perfectly explained and understood. I accordingly wrote him the following letter, and received a reply—both of which I shall lay before the reader.

  U. S. Frigate Essex, Valparaiso,

  23d Feb. 1814.

  Sir,

  As you have expressed some doubts respecting the correctness of an arrangement proposed by me for the disposal of the prisoners of war on board the ships under my command—and as those doubts were occasioned by a communication made by Admiral Duckworth to the secretary of the Navy of the United States, of which you had not a perfect recollection, I have done myself the honour to transmit a copy of a letter from the department, containing an extract from the aforesaid communication, by which you will be enabled to judge whether the objections made by the admiral can be here applied.

  I also do myself the honour to send you the copy of a letter from the admiral to myself, as well as several other communications of a private nature, and beg you to restore the originals after you have perused and (if you think them of sufficient importance) taken a copy of them. I have been induced to do this from a wish to remove certain impressions which have been made on the public mind, highly prejudicial to the character of an American officer, and I assure you, although I have endeavoured to perform, and shall continue to do, my duty to my country to the utmost of my abilities, I disdain a mean and dishonourable act, whatever advantages may result from it. It has been my study to alleviate the miseries of war, and I have been rewarded in most instances with the basest ingratitude.

  British boats, with British subjects on board, daily pass and repass between the shore and the ships under your command, when far beyond the jurisdiction of this port. It has frequently been in my power to cut them off; but I have not done so, under the persuasion that American boats, under similar circumstances, would be permitted by you to pass unmolested. I beg you to inform me, whether my opinion is correct?

  I HAVE THE HONOUR TO BE, &C.

  (Signed) D. PORTER.

  Captain James Hillyar, &c. &c.

  H. B. M. ship Phoebe, off Valparaiso,

  24th Feb. 1814.

  Sir,

  I have the honour to acknowledge the receipt of your favour of yesterday, with its enclosures, and I beg you will accept my thanks for the trouble you have taken. The copy of Sir John Duckworth’s letter, and the extracts accompanying it, confirm me in my opinion that the cases are too nearly similar to justify my acceding to your proposition of sending one of your prizes as a cartel; and the British government would certainly disapprove of the act.

  The letters from your prisoners must be highly gratifying to your personal feelings—and I hope the individuals who have benefited by your humane attentions, will feel themselves bound in honour to rescue your character from every unjust and illiberal aspersion.

  I certainly could have no objection to American boats passing in the way British do to us under similar circumstances. They have all the governor’s permis
sion.

  I must now appeal to your humanity; repeat to you how anxious I am for the sufferings of my countrymen, at present your prisoners—and express my request that you will liberate them here, as the only expedient I can think of If you accede to it, I pledge myself that they shall not be permitted to serve on board any of his majesty’s ships, under my orders; and I will write immediately to the British government, that an equal number of Americans may be restored to their country.

  I have availed myself of your permission to copy some of the papers and have taken the names of those who have acknowledged your goodness to them. The liberal minded will always do you justice—and a much higher reward awaits the performance of every Christian duty to an afflicted fellow-creature.

  I HAVE THE HONOUR TO BE, &C.

  (Signed) JAMES HILLYAR.

  David Porter, Esq. &c. &c.

  It will be understood, from the foregoing letters, that the Phoebe and Cherub had gone to cruise off the port. The circumstance that hastened their going to sea was as follows: A signal from the Spanish Telegraph, on the hill, announced a sail in the offing. The morning being calm, I ordered the Essex Junior to get under way, and go in pursuit, towing her with the boats of the Essex. After reconnoitering the vessel, which proved to be a store ship of the enemy, the Phoebe and Cherub got under way, and made all sail to cut off the Essex Junior from the harbour, which they were near effecting, but for the timely aid of the Essex’s boats, which again brought her safe to her old anchorage.