weeks after this outrage, when ia sight of the island of Madeira, the same vessel came close to the Hermes, and Lieutenant Kent pointed the master out as the aggressor, and offered to bring him on board the Hermes with his papers for examination; to which your memorialist consented. That the master, on coming on board, behaved even then with great insolence and effrontery; and that your memorialist, excessively irritated by his demeanor, and by the insolent threat of personal chastisement, by which the ship-master had so recently outraged his feelings, asked him what he meant by such abuse, and if he could now make good his threat, and face him as a man, and that he, the memorialist, would take no advantage, although in his own ship – and then threw off his coat for the purpose: that the ship-master, to avoid fighting, lay down on the deck of his own accord; and your memorialist declaring he would not strike him when down, ordered some marines who stood by to raise him up: but his clothes were not torn; he received no abuse except being called a damned Irishman, nor was the smallest violence offered to him; neither did the memorialist ever attempt to strike him. That your memorialist then asked the master if he would meet him on shore singly to execute his threat; which he refusing, your memorialist put on his coat and left him, desiring Lieutenant Kent to see him on board, to press any man that he might find liable, but gave him especial orders not to distress him in consequence of which none were impressed. That Lieutenant Letch, the prosecutor, remarked at the time, that the captain was too warm, but that the master of the Recompense deserved worse treatment than what he had received; and that he, as well as Lieutenant Kent, repeatedly afterwards approved of the circumstance.
“Such is every particular of evidence on the transaction in question, whether for or against your memorialist, which the minutes of the court martial afford; and he has the more carefully selected them, because, with the exception of the present charge, your Lordships will find, there ia not a shadow of blame to be imputed to your memorialist, that can arise, by any possibility, out of the other charges, which it will hereafter be shewn, were utterly false, malicious, and vexatious.
“With respect to the articles of war which your memorialist’s conduct on this occasion is alleged to have violated; he humbly begs to observe to your Lordships, that the 23d article is wholly inapplicable to the case, as this article prohibits one person belonging to his Majesty’s fleet from fighting with, or provoking, any other person belonging to the same fleet; whereas, in the present instance, only one of the parties is in his Majesty’s service; moreover, that it is an article seldom or never acted upon.
“But the 33d article is, in fact, that alone which is contemplated to affect your memorialist’s case; on which he has also humbly to observe, that he is informed, that the penal acts of parliament ought to be strictly interpreted according to the letter, and not to be in any case strained by inference against the accused. That, in this instance, the legal question