To James Madison from James Monroe, 24 October 1806
From James Monroe
Duplicate
London October 24. 1806.
Sir
I have the pleasure to transmit you a copy of some communications which have lately taken place between this government and myself relative to the trial of Captain Whitby,1 which you will find is postponed till the first of March next to afford an opportunity for the witnesses to attend on the part of the United States. The time allowed is I fear rather short for the object, especially if the parties should be absent, or not prepared to sail without delay. Having used my best endeavours to obtain this arrangement, which cannot be popular with the Navy, I have thought it improper to propose an extension of the time in this stage; nor do I Know that it will be possible hereafter to effect it, as the subject is in many respects a delicate one with this government. A great public object is accomplished by the decision to bring the officer to trial and the delay which is allowed to precede it: and it might produce an ill effect if any thing Should be desired on our part which Should be thought unreasonable. My hope therefore is that the utmost effort will be made to Send forward the witnesses that they may be here by the first of March. It is asserted with confidence that Captain Whitby was not on board the Leander, when the shot was discharged from her which Killed our Seaman. Altho’ I was ignorant that Such a pretention existed, when I wrote my first note, yet I endeavoured to comprize in it, in general terms, every act of aggression that was committed on that occasion at the port of New York, by whomsoever it might have been committed. Having however heard of it afterwards I was still more attentive to that object in my Second. The subject therefore is open to any and every species of charge which those outrages may be thought to deserve. I mention this circumstance that if you think proper, as you will have the facts and evidence before you, you may give particular instructions on the subject. It is proper to add that I was informed by Mr Bicknell, the Solicitor of the Admiralty, that it was indispensible, by the usage which was applicable to Such a case, for the witnesses to attend; as I had been at an earlier stage by Lord Howick that the evidence which I had communicated could only serve to indicate the facts which it was proposed to prove. I am, Sir, with great respect and esteem, Your most obedient Servant
Jas. Monroe
RC, two copies, and enclosures (DNA: RG 59, DD, Great Britain, vol. 12); letterbook copy and letterbook copy of enclosures (DLC: Monroe Papers). Each RC in a clerk’s hand, signed by Monroe. First RC docketed by Wagner. Second RC marked “No. 53” and “Triplicate”; docketed by Wagner as received 12 Jan. 1807.
1. The enclosed correspondence (6 pp.) consisted of 1) Lord Howick to Monroe, 29 Sept. 1806, reporting that Capt. Henry Whitby of the Leander had arrived in England, that he would be court-martialed, and that Monroe should forward to Howick “any particulars which may be useful in this investigation”; 2) Monroe to Howick, 6 Oct. 1806, referring Howick to evidence that Monroe had previously sent and enclosing additional documentation; 3) Howick to Monroe, 11 Oct. 1806, stating that the documents had been sent to the Admiralty; 4) Charles Bicknell to Monroe, 16 Oct. 1806, requesting an appointment; 5) Monroe to Bicknell, 16 Oct. 1806, replying that they could meet the following day; 6) First Lord of the Admiralty Thomas Grenville to Howick, 18 Oct. 1806, stating that Bicknell had not been able to obtain “evidence of the death of the American, or of the position of the Ship in which he was shot,” and that “common decency” and the need to avoid the “appearance and effect of a mock trial” therefore required that the court-martial be delayed in order to allow American witnesses to attend; 7) Monroe to Howick, 20 Oct. 1806, communicating his agreement with Grenville’s proposal, which Howick had passed along to him; and 8) Howick to Monroe, 22 Oct. 1806, stating that the trial would begin on 1 Mar. 1807.