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 THE CASE OF THE BRIG GENERAL ARMSTRONG

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THE CASE OF THE BRIG GENERAL ARMSTRONG1 BY CHAS. NOBLE GREGORY DURING the war of 1812 the brig I evening Mr. Dabney, the American consul, General Armstrong was commissioned communicated to him that there had been as an American privateer under the com an attempt to surprise the privateer by mand of Capt. Samuel Reid. There is four or five armed boats, that this attack some dispute as to her armament, but she had been repulsed, but a more formidable seems to have had from seven to nine one was feared, and that the protection of guns, the largest, apparently, a twenty-four the governor was prayed. He also asked pounder. Her crew is stated to have con that the Americans on shore be allowed to go sisted of ninety men. About midday on to the brig to aid in her defense "in a con the 26th of Sept., 1814, the Armstrong test so unequal." The governor refused entered the harbor of Fayal, in the Azores, the latter request, but at once wrote the a neutral port belonging to Portugal. She British commander asking him to abstain entered to get fresh water and the Portu from hostilities, and supposed that this would guese governor gave permission, ordering her terminate the difficulty. However, about to depart within twenty-four hours. Just eleven o'clock he saw by the light of the as the sun sank, between seven and eight moon that a new attack was prepared. o'clock on the same day, there sailed into the Shortly after midnight a large number of port a British squadron of three ships, boats, as many as twelve or more, put off from carrying one hundred and thirty guns, the the squadron and attacked the brig. The largest ship being the Plantagenet with governor reports that the British force en seventy-four guns, the smallest, the Carna gaged numbered about three hundred men, tion, carrying eighteen guns. The latter was and in an encounter lasting about twentythe first to enter, and she anchored within eight minutes, that they were almost en a pistol shot of the American brig. Captain tirely destroyed. The British Consul Reid saw that escape was impossible, but stated that the loss in killed and wounded thought he might trust to the protection of was one hundred and sixteen, but it was the neutral port. Presently, however, he generally believed to be greater. The loss noticed an exchange of signals between the on the privateer was two killed and seven ships, and fearing an attack he cleared his wounded. Ten minutes after, the governor ship for action and had her warped in shore received a note from the British commander close under the guns of the castle. While saying that one of the boats of his ships had occupied in this he saw four boats well been fired on without the slightest provoca manned, and apparently armed, approach. tion by the American schooner, General He believed that they intended to board Armstrong, in consequence of which two him, and hailed them, warning them to keep men were killed and seven wounded; that off. As they continued without changing he intended to respect the neutrality of the their course he ordered his men to fire, and port, but that such neutrality had now been they did so with fatal effect, killing and violated, and in consequence he was deter wounding several in the boats. The Portu mined to take possession of the vessel and guese governor, Ribeiro, did not see this inci wished the governor to order the forts to dent, but shortly after nine o'clock on that Snow's cases on International Law, 399. 1 Reference is made as to this case, to : Moore's International Arbitrations, Vol. II, pp. 1071 to 1133.

Scott's cases on International Law, 687. Wharton's Digest on International Law (zd edition), p 604. Calvo"Le Droit International," § 1732 and § 2662.