Class _:^ fofiyrightN!'. CCEMRIGHT DEPOSIT. CAPTAIN OTWAY BURNS Captain Otway Burns Patriot, Privateer and Legislator Arma virumquc cano.— Vergil. COLLECTED AND COMPILED BY WALTER FRANCIS BURNS NEW YORK 1905 u j:>j us R arToTgoSressI Two OC'L-iei- deceived | APH ^c 1905 ) 00tiy,-.;T;ir rf.av i TO THE) MEMORY O^ AMERICA'S NAVAL HEROES WITH FEEI^INGS 01^ THE DEEPEST ADMIRATION FOR THEIR ACTS 01^ SPI.ENDID DARING FOR THE HONOR OF OUR COUNTRY THIS WORK IS RESPECTFUI.I.Y DEDICATED Copyright 1905 WALTER FRANCIS BURNS INTRODUCTION. A careful and sustained search for written and traditional records of those who shared in the na- tional defence in 1812 has revealed a lamentable dearth of authentic information both in official and private circles. America has been prodigal of her heroes. Contemporaneous foreign history shows a wealth of smallest details in their perfected systems of War Office Records. But America was in her infancy; a struggle for even the form of the con- stitution itself was raging while the war of 1812 was being waged. Such official records as were kept were despoiled by the British invasion of Washington. The vast extent of the country and the rapidly shifting scenes of action also contri- buted much to the difficulty of accurately recording events. But above all the fact that so many who acquitted themselves most bravely in this struggle retired to their home-life, and, Cincinnatus-like, took up the arts of peace with the happy reflection of duty performed has made the historian's work a most discouraging and difficult task. The writer was actuated by family interest in gathering information of his immediate ancestry; but as the work went on with increasing difficulty, as he soon found himself involved in a tangle of historical detail, and confronted by a mass of im- perfect and contradictory local traditions, he was impelled to place the result of his pains-taking in- vestigation in a permanent form. It is sincerely to be hoped that others may be prompted to perpetuate the memory of those who have contributed to the making of a nation and that there may be evolved from the chaos of the past a lasting memorial to the actors in the great drama. Especial thanks are due to those who have rendered material assistance in gathering and veri- fying information and for the interest that they have displayed in the subject. The writer feels under great obligations to many who have entered upon the work of collecting facts in the life and doings of Captain Otway Burns and who were actuated solely by pride in the career of an illus- trious North Carolinian. 8 Foremost among these is the Honorable Chief Justice Walter Clark, of the Supreme Court of North Carolina, who in a letter to the writer says: *'You have done great service to the state of North Carolina in having the useful and honorable career of your grandfather traced out and put upon record. This state is too prone to neglect to record the fame of her sons who have served her well. In neglecting their fame she has neglected her own." Kemp Plummer Battle, LL. D., Alumni Profes- sor of History in the University of North Carolina, has been indefatigable in the research work upon this local, as well as national, historical subject, and has brought to bear upon the work his sixth, or "historical sense" with which he is so eminently endowed. Mr. Romulus A. Nunn, of Newbern, N. C, has proven a most competent and tireless ally, not only in the efficient discharge of the onerous duties of chairmanship of committees, but in the tedious and exacting work of investigation and proof of details. Not a portion of his work left his hands until he was positive of its full authenticity. The writer gratefully acknowledges the many courtesies and the willing assistance of all who have contributed to the success of this undertaking. WaIvTeir Francis Burns. New York City, 1905. 10 CAPTAIN OTWAY BURNS. The deeds and character of Captain Otway Burns are most eloquently and graphically described in the scholarly and graceful orations which are reproduced in their integrity. There is, of course, some repetition in the statement of facts ; but the use of the collected material by two men of such eminent attainments serves to show the workings of two trained minds upon the same material. The deductions, inferences, and mental processes of a trained jurist and of a keen historian acting upon the same premises form a study of interesting psycho- logical importance. Mutilation for convenience or for practical purposes would under these circum- stances be unpardonable. The oration of the Honorable Chief Justice Walter Clark was delivered at Beaufort, N. C, in July, 1901, on the occasion of the unveiling of a monument erected to the memory of Captain Otway Burns by his descendants. It was vastly to the II honor of the state that a ceremony which might easily have been regarded as a family commemo- ration was, by the numbers and the eminence of those who participated in it from all parts of the state, transformed into a tribute from North Caro- lina to the memory of one whom her people were glad to honor. 12 PROGRAM of the Ceremonial Exercises at the Unveihng of the Monument erected to the memory of CAPTAIN OTWAY BURNS by his descendants Beaufort, N. C. July 24, 1 90 1. 1. Song ''America.** 2. Prayer Rev. Thomas P. Noe. 3. Song "Columbia.'* 4. Introduction of Orator Charles L. Abernathyj Bsq. 5. Oration Hon. Chief Justice Walter Clark, 6. t/NVEii^iNG. . .M/^^ Theodora Waltona Wilkens. 7. Salute Nezvbern Naval Reserves. 8. Benediction Rev. Mr. Hornaday. 13 ORATION BY CHIEF JUSTICE WALTER CLARK. Ladies and Gentlemen: We have met to do honor to the memory of one whose Hfe reflected honor on this city and county, and on his state and country as well, — one of those brave sailors and soldiers,who in our second war with Great Britain, maintained the honor of his country upon the open seas and carried the starry flag of the Union of our fathers to distant latitudes. We rarely hear of him now ; but when the past century was entering upon its 'teens, fame had no greater favorite in these parts than the brave sailor and soldier. Captain Otway Burns. Both of these names "Otway" and "Burns" are borne to this day by many of your citizens as Christian names. No surer proof could be had of the respect, admiration, and affection inspired by the original bearer of these names among the masses of his countrymen. 15 The destructive process of the years is strik- ingly shown by the small mass of authentic material left out of which to construct a narrative of the life of one whose smallest actions were once on every lip. One by one those cognisant of his deeds of daring and courage have passed away. With true North Carolina indifference his deeds were rarely committed to paper and hence it is now perhaps impossible with the utmost diligence to compile a narrative of the career of Captain Burns which is worthy of him or to give it that interest which would attach to a complete and accurate statement of the stirring events in which he shared. And first I may be pardoned for a word as to the historic interest attaching to the city and county which are most intimately associated with his fame and which hold his ashes and the monument which we are about to unveil to his memory today. It was your shores which were first espied by Amidas and Barlow, July 4, 1584, — three hundred and seventeen years ago, in the first exploring ex- pedition sent out by England to this continent. They proceeded farther up the coast and entered one of the inlets above us, probably Ocracoke. The next year, 1585, the first English settlement was 16 made at Roanoke Island over thirty-five years be- fore the landing of the Pilgrims at Plymouth, and twenty-two years before the settlement of James- town, which was in reality a continuation of the one at Roanoke Island, the more commodious one at James River being selected as a substitute for the rather inaccessible one at Roanoke. But aside from that, eight centuries and a half of English history are inextricably interwoven in the very names of your country and city. On the shores of France, where the loud waves of the British Channel lash the shores, there lies the town or village of Carteret. From thence came the name of your historic county. As the steamer speeds from St. Malo in France to Southampton, the pas- senger standing on deck sees to the right, on a tall cliff, the little village of Carteret, containing only some 500 inhabitants today. Its aspect faces the setting sun, for at that point the. French coast runs for many miles nearly north and south. Looking further down the coast to the right, near the verge of the horizon, is the smoke of a larger town, of some 10,000 or 12,000 people which for near 1,000 years has borne the name of Granville. Still fur- ther south, about 100 miles as the crow flies, down in the heart of that pleasant land of France in the 17 beautiful valley of the Loire, between two swift rolling streams, lies the town of Beaufort. From thence comes the name of this second Beaufort, this fair town which lies around us, — a town whose importance is beginning and whose fame and wliose limits will grow with the years that are to come. How happens it that this country and this city founded and peopled by the English speaking people should revive and continue the names of French towns? Many present doubtless know, but they will pardon me if I relate the story to those who do not. In the year of our Lord one thousand and sixty six, William, of Normandy, ruler of the pro- vince of France which borders on the English Channel, took steps to add the Kingdom of England to his property, — for so they regarded dukedoms and kingdoms in those days, when the ownership of the people went with the ownership of the soil. He gathered himself a brave array of gallant soldiers, good knights, needy adventurers, and everyone who was willing to fight for love of leader, love of ad- venture, or love of plunder. To him, among others, came the owner of the village of Carteret, with his retainers whom he probably made a captain, and the lord of Granville, v/ho was doubtless a colonel i8 or general. At Hastings, William conquered and the English land was parcelled out to his adherents. Carteret and Granville fared well in England. Dur- ing the succeeding centuries their names were prom- inent in English history. Reginald de Carteret and his seven sons were all made knights in one day by Edward III for having held possession of the island of Jersey against Bertrand de Guesclin and the French. When England became a republic under Cromwell, Sir George Carteret went into exile with Charles II. On the restoration of that monarch, he rewarded this devotion by giving to Carteret and seven others the broad domain reaching from the Virginia line down to Florida and from the Atlantic clear across to the Pacific, under the style of the Lords Proprietors. The colonists dutifully named one of their precincts Carteret. Sir George Carteret's grandson (whom Colonel Wheeler in his history has confounded with his grandfather) was created first Baron Carteret and married the heiress of the Granvilles. He died very young and his son, John, Baron Carteret and Earl Granville, was not only a Lord Proprietor but a member of the British Cabinet and Lord Lieutenant of Ireland. Walpole says he was one of the five greatest men he had ever known. When the other Lords Proprietors 19 sold out, he retained his one-eighth ownership and had it laid off next to the Virginia line which was his northern boundary. Portions of his southern border you can see to this day in the long straight line in the middle of your state which marks on the map the southern boundary of Chatham, Randolph, Davidson, Rowan, and Iredell. All between that straight line, extended east to the Atlantic and west to the Pacific, up to the Virginia line (extended in like manner to both oceans), — a tract nearly seventy miles broad and extending from ocean to ocean — he retained in fee simple. No wonder when counties were first created in this province in 1729 one of them was named Carteret and that a little later, 1746, when another great county was created, it was called Granville. It was his own land, a part of his own farm. When the American Revo- lution ended in our independence he claimed that under the terms of the treaty of peace his right to the ownership of that vast territory was protected and he had a good show of right, as the treaty is worded. He began suit in the United States Court. How and why he failed is another story. But how about Beaufort? Well, the English kings, descendants of William, returned the Norman invasion by themselves becoming conquerors of the 20 greater part of France. One of the sons of Ed- ward III, John of Guant, ''time honored Lancaster", acquired among other scraps of property in the conquered country this town of Beaufort which he gave to some of his illegitimate children, one of whom was the great Cardinal Beaufort who con- ducted the English King Henry VI, to be crowned at Paris as King of France and who presided at the trial and conviction of Joan of Arc. He it was, when dying, whom Shakespeare makes offer to the approaching specter of death. ''If thou be'est death, I'll give thee England's treasure, Enough to purchase such another island, So thou wilt let me live and feel no pain." And it is to him the king said : "Lord Cardinal, if thou thinkest on heaven's bliss, Hold up thy hand, make signal of thy hope. He dies and makes no sign ; O, God, forgive him." Warwick. "So bad a death argues a monstrous life." King Henry. "Forbear to judge, for we are sinners all- Close up his eyes, and draw the curtain close, And let us to meditation." From a brother of that Cardinal Beaufort was descended the Duke of Beaufort who was one of the eight Lords Proprietors. The name of whose duchy was bestowed upon your city, and from him also is descended the present duke who sits as a 21 hereditary senator in the British Parhament and thorough the female Hne he also numbers among his descendants the present King of England. Nor does your historic connection with France terminate here, for this province was originally named Carolena in honor of Charles IX of France who is damned to all time and eternity as the author of the Massacre of St. Bartholomew, and it was rechristened Carolina when granted to the Lords Proprietors by Charles II of England, — himself of very indifferent fame. For this digression, showing to some extent how history is interwoven in the very warp and woof of the names of your county and city I trust that in an address upon an historic subject I may be par- doned both by those who remember these facts and by those who, perchance, may have forgotten them. Now to this historic 2, PRESENTATION 01^ A PORTRAIT OF CAPTAIN OTWAY BURNS TO THE State of North Carolina October 30, 1901. "That was a most interesting ceremony in the hall of the House of Representatives — indeed a most valuable contribution to the history of the state — ^the presentation of a portrait of a patriot son who rendered his state and country valiant and able service in their early struggles, and the sketch of him and of his deeds so well delivered by Dr. Kemp P. Battle. It was a graceful act on the part of Mr. Walter Francis Burns of New York, a grandson of this state, to present to the state the portrait of his distinguished grandfather. Captain Otway Burns, who commanded a privateer in the war of 1812, and served his state as a legislator later, the subject of Dr. Battle's most interesting address last night. Dr. Battle always does his work well, and this production is but another of his very many valuable contributions to our State's histo- rical literature." The Raleigh Post Bditorial Column October ji, igoi. 64 PORTRAIT OF CAPTAIN OTWAY BURNS. The portrait of Captain Otway Burns which was presented to the State of North Carolina on behalf of Mr. Walter Francis Burns by Kemp Plummer Battle, LL.D., Alumni Professor of History of the University of North Carolina, is the work of Mr. F. Mahler, pupil of Mr. W. M. Chase, America's great portrait artist. Mr. Mahler is also a suc- cessful exhibitor and the recipient of honorable mention at the Paris Salon. The painting is a life-size head and bust with a sailing vessel in the back-ground. It is a copy of an authentic oil-painting on wood and represents the subject at about forty years of age. Colonel John D. Whitford who knew Captain Otway Burns in his later years has pronounced it a faithful like- ness. The picture is protected by a massive gold frame, glass, and shadow-box and bears the following in- scription : 65 "Captain Otway Burns, born 1775, died 1850, Commander United States Privateer "Snap-Dra- gon", War 1812-15, presented to the State of North CaroHna by his grandson, Walter Francis Burns." The presentation took place in the Senate Cham- ber, at the Capitol in Raleigh, on Wednesday eve- ning, October 30th, 1901. PROGRAM. 1. Introductory Remarks, Justice Walter Clark, President of the North Carolina Historical and Literary Society. 2. Presentation Address, Kemp Plumnier Battle, LL. D., Alumni Professor of History, Uni- versity of North Carolina. 3. Acceptance for the State, Governor Charles Brantley Aycock. 66 INTRODUCTORY REMARKS BY WALTER CLARK, CHIEF JUSTICE OF NORTH CAROLINA. Ladies and Gentlemen : North Carolina has always loomed up grander in war than in peace. In piping times of peace, we are prone to take our ease and let the days drift by, but when the long roll beats, and brave men crowd to the perilous edge of battle, then her stalwart sons gather as to a marriage feast. In the war of 1812, as in all others. North Caro- lina contributed her full quota of men, but the con- test did not come within our reach. The war was fought largely on the ocean. On the land it was confined largely to the Canada border and, what was then our other border, at New Orleans, save the brief dash from Washington. This State sent a brigade to Norfolk, where they languished and died at Craney Island. She sent another brigade under General Joseph Graham to the aid of General Jack- 67 son in Alabama in the Indian War, but it arrived just too late to take part in the battle of Horse-Shoe Bend, where he broke the Indian power. This state furnished other troops, which also endured hard- ships and wasting disease, but were denied oppor- tunity for distinction on the battlefield. On the sea was our only opportunity. There in our small navy, Johnston Blakely, from North Carolina, achieved merit and distinction, and, on his premature death, the state educated his daughter, Edna; and a town was named in his honor, but it has long since vanished from the map. The most conspicuous figure that North Carolina furnished in our second war with Great Britain, take him all in all, was Captain Otway Burns. The Con- stitution of the United States provided for privateer- ing, and, under the broad seal of the federal govern- ment, Otway Burns was commissioned captain of a privateer, whose career was notable. He patrolled our ocean front, and displayed the Union Jack from Cape Farewell, the southernmost point of Greenland, to Cape San Roque, the easternmost point of Brazil. He captured the enemy's vessels under the guns of Halifax, and pounced upon them like a hawk upon a covey of doves off the mouth of the Orinoco. 68 For three years he was a terror to the British merchant marine, and inflicted damage only rivalled since by the Alabama and by another son of this state, the gallant Waddell in the Shenandoah. Captain Burns left but one son, who became a lieutenant in the United States navy, and who sided with the South in the Civil War. The children of this son, the only descendants of Captain Otwav Burns, are scattered from Australia to Holland, none of them residing in North Carolina. But wherever they are, the hereditary fervor of devotion to the land of their origin still flows in their veins. As a great people, now dispersed abroad, still turns to Jerusalem as the cradle of their nation and their hopes, and as the Roman legions, who "marched from east to west beneath the eagles from Pontus and Gaul," ever looked to the imperial city as their home, so these descendants of the brave North Carolina soldier and sailor still fondly recall the land of his nativity and the honors he won for the state of his birth. And North Carolina has not forgotten him. The highest town in the Union, east of the Rocky Moun- tains, the county seat of one of our fairest counties — Burnsville, bears his name. When, last summer, his 69 descendants unveiled a monument to his memory in the town of Beaufort, the counties of Carteret, Jones and Onslow, which had furnished his brave sailors, turned out to do honor to the memory of the commander who had led them to victory. And to- night, when his portrait is to be presented with filial piety to the state, a distinguished citizen, formerly president of our State University, and who occupies the chair of History in that historic institution, is to make the presentation, and the Governor of the state (who is, himself, unavoidably absent) will re- ceive it through a high state official, who has served North Carolina in two great wars, and this brilliant and cultured audience is here to bear testimony to the honor North Carolina pays those who have re- flected honor upon her history as a state. Ladies and gentlemen, I now present to you Dr. Kemp P. Battle, of the University of North Caro- lina. 70 ADDRESS BY KEMP P. BATTLE, LL. D. We are met to honor a man whose fortune it was at important epochs to do good service to the United States and to North CaroHna. It is my duty, at the request of his descendants, to show how this honor was won, and what chapters in our history are illustrated by his career. The portrait, which I have the honor in behalf of Mr. Walter Francis Burns of New York, to present to the state, is that of his grandfather, Otway Burns, Captain of a privateer in time of war, and a most useful legislator for his state in time of peace. It delineates him when in his prime, about forty years old. The original painting from which this is copied, was secured from Mrs. Hall, of Beaufort, an aunt of Jane Hall, second wife of Captain Burns, by Mr. Washington Bryan, and by him transferred to Mr. Walter Francis Burns. The copy is by a pupil of 71 the eminent William M. Chase, of New York, F. Mahler, who has received honorable mention in the Paris Salon. Francis Burns, one of that stalwart people, who have produced in proportion to numbers more men of mark in all pursuits than any others in the world's history, the Lowland Scotch, of whom their neigh- bors, the Scotch-Irish, are offshoots, emigrated from Glasgow in 1734. He was in company with many neighbors, who followed their countryman, Gov- ernor Gabriel Johnston, to the new lands offered for sale on low terms by the Crown, which had recently purchased seven-eighths of the title, and all the right of government. He chose Onslow for his habitation, a choice which profoundly affected the career of his grandson, because the county looks out on the waves of the great Atlantic. It is so penneated by sounds, inlets, and rivers that every Onslow baby is born a lover of the sea, as every duck is born web-footed. His farm was on Queen's Creek, two miles from Swansboro, and therefore very near the county of Carteret. His will dated in 1792 shows that he had been thrifty. He bequeathed lands, cattle, hogs, and fifteen slaves, and gave back to his wife all the prop- erty she had before marriage, as agreed in a pre- 72 ■r.\Ti: o!" XOrvTH-CAROLTNA. To all to TH-CAROLTNA. Ko. ^ zvhom thefe Prefoitsjhi f(7mcj Greeting. ril K NOW Vf., T ha' Wc, loi- and in Coiifidcration of Fifty J^hiliingj for every Hunch td A^rci heruhy -;, into our Treafary bv ^"/■"rn^^ff^ /^u>rtx' > • havo Given amb Granted a., I Grant-wuo the hid ^/rAint-xx.- ^'/i . ^V;^ (f-^T^ Tiaa of Lao,!, Piefents do Gr . A«ru, 7. Iyin| : id being in our\C^^- <;/ix^T, >x§ < nay ofi^??^^^ -- , ■^ i-^ Y^r of our Jndejxndenee^-O^iA ja tlie %aro, y\7 Thoufand Scvat Hiutdnd and ifi / .,- ,so ^-Cf^>' ^,^4^^^ /. ORIGINAL GRANT TO FRANCIS BURNS nuptial contract. Legacies were made to his grand- sons, Otway and Francis, and to children of daugh- ters, who had married into the Smith, Spooner and Davis families. The father of Otway Burns was also named Otway. The son was born in 1775. His early life was spent on the farm. He soon, however, devel- oped sea-faring tastes. On the sharpies and small schooners which plied in pursuit of fish or for pleas- ure in the neighboring sounds and near the ocean's shores, and in the larger vessels carrying merchan- dise to and from the Atlantic's ports and the West Indies, he learned thoroughly all the duties of sail- ors, from those of the Jack Tar before the mast to those of the lordly captain in his vigilant solitude on the quarter deck. He learned more than this. He became a builder of ships; not the great cHppers, of course, but of such craft as could enter the shallow waters of North Carolina. His ship-yard was at Beaufort. The merchants of his section, ever on the look- out for nautical experience, soon discerned in him qualities of leadership. He had a frame of hercu- lean strength and of tireless endurance, a mind active and acute, a courage which knew not shrink- 73 ing, a nerve which grew more steady in the fiercest dangers, a temper quick but never unsettling judg- ment, a serene self-confidence, which, united to fer- tility of resource and skill in seamanship, gained the confidence of others, and an iron will which com- pelled obedience. He was employed as a commander of a coaster, his extreme limits being Newbern on the south, and Portland, in Maine, on the north. The news of the passage by Congress on the i8th of June, 1812, of the declaration of war with the United Kingdom of Great Britain and Ireland, found him sailing to his northernmost harbor. On entering it, he was urged to convert his vessel into a privateer with him as commander, but deeming her too slow, he declined the proposition. He found in New York a clipper-built schooner, called the 'Xevere," of admirable sailing qualities. By the aid of a joint stock company she was purchased, strengthened, armed, and in all ways made ready for her new and hazardous career. Sailors are fond of calling vessels after animals noted for qualities of pluck, or swiftness, or some dangerous trait, offensive or defensive, and the own- ers like to please them. Thus in the regular navy of 1812 we find a Wasp, Hornet, a Viper, and those 74 5^- » >v -, «"„1^k1 5? \^ •I s- ri5 I; ?- ?C?- V' .^^Svg..^,,^^ equally dangerous ladies, Vixen and Syren. Among privateers there were likewise a Wasp and a Hornet, and in addition, a Fox and a wily Reynard, a Hawk, an Owl, a Snow-bird, a Sparrow, a Swallow, a Lark, a Curlew, a Young Eagle, a Young Wasp, a Lion and a Leo, a Reindeer, a Sword-fish, a Fly, and that giant mosquito, the Galliniper. In accordance with this taste in nomenclature, the name of the Levere was changed to that of Snap-Dragon, an animal not dangerous in either sting or bite, but having a suddenness of motion quite startling The co-part- ners of Burns were principally well-known business men of Newbern. Among them were William Shep- ard, father of the late eminent Raleigh lawyer, John H. Bryan, one of whose sons, William Shepard Bryan, has been on the Supreme Court bench of Maryland ; another, Henry R., is now a judge of the Superior Court of our state. Another share-holder was Isaac Taylor, of the Western Hospital for the Insane. Others were James McKinley, John Har- vey and Dr. Edwards Pasteur. Burns' experience as the captain of a coaster eminently fitted him for the charge of a privateer. The troublous days of the Napoleonic wars, when neutrals were not strong enough to enforce their 75 rights by anns, when, in imitation of the arrogance of ships of war of belHgerents, their merchant ves- sels often were guilty of acts of insolence and law- lessness verging on piracy, and when pirates in reality were sometimes met, the commanders of our merchant marine were forced to be wise as serpents and not harmless as doves. They were quick to resist , ready, if needs be, to train their long guns on the aggressor, or drive back boarders, with cutlass, pike and ax. They went prepared to fight as well as to trade. As privateering seems to be not in accordance with the spirit of the age and as it is often spoken of as "legalized piracy," I deem it proper to say a few words in vindication of those who in the war of 1812 engaged in it. It is a settled principle of international law that private property on land, unless needed for military purposes, must not be considered lawful plunder, but this humane law has never been applied to private property at sea. It is a recognized law that the seizure of merchant vessels and goods, and their appropriation or destruction, is an appropriate means of reaching the enemy and making him ready for peace. 76 It is one of the duties of public war vessels to make these captures, and nations having great navies may be satisfied to use no other force. But when a nation strong on the sea fights another which is weak in public ships, the latter may be driven in self-defence to hire her citizens to make captures in her behalf. These captures are made under written governmental authority. The trend of civilization is, however, evidently against privateering. Franklin in 1785 procured a treaty between the United States and Prussia by which each agreed not to employ privateers against one another; a provision, not, however, renewed in a subsequent treaty. It was not in use by either party in our conflict with Mexico, nor by either nation in the Crimean War, nor by either party in the recent Spanish War. In 1877, after making a treaty ending the Crimean War, Great Britain, France, Russia, Austria, Sardinia, Prussia, and Tur- key agreed to abolish privateering, and invited other nations to concur. The United States, Spain and Mexico are the only powers which refused. The United States replied that it was their policy to keep only a small navy, and in case of war to rely on in- creasing their power by the use of privateers. If, 77 however, an additional rule should be adopted, plac- ing private property on the seas on the same footing as that on land, they would gladly accede. This suggestion was not adopted. When the Confederate War broke out, alarmed by the danger to their com- merce, by privateers expected to be licensed by the Confederacy, the United States offered to adopt the rule, but as the offer was evidently intended for present use against the Confederate States, the great powers, having already conceded to the latter bellig- erent rights, did not accept the offer. The Confed- erate States, in view of their extreme weakness on the ocean, offered letters of marque to foreigners, as well as to their own citizens, but owing to the difficulty of bringing captures into port, and to the illegality of disposing of them in neutral ports, the project failed. The government was driven to build- ing or buying their own cruisers, the Alabama, Florida, Shenandoah, and others, which not only crippled, but well-nigh destroyed the merchantmen of the Union. This statement shows clearly that although in modern times privateering is less resorted to than formerly, yet it is entirely in accordance with inter- national law. Our wise statesmen of 1787 conferred 78 upon Congress, as auxiliary to the war power, the right to issue letters of marque and reprisal, and prohibited it to the individual states. It was not until 1 812 that this sleeping power was aroused into action. It had, however, been freely used by the Continental congress and the Confederation. After submitting for years to degrading insults and oppression, on the part of the warring European powers, led by England and France, the peace-lov- ing, tax-hating, debt-abhorring, standing-army- dreading, navy-despising statesmen who held the reins of power, declared war gainst Great Britain, believing her more blamable than France. Although the war had for years seemed possible if not proba- ble, neither respectable armies nor the material for making them had been provided. Our antagonist, of men-of-war had nominally ten hundred and sixty sail, of which nearly eight hundred were in good fighting order. We had a grand total of twenty sail, of which only seventeen were ready to fight. Great Britain had many great ships of the line, 74's and even larger. Our greatest vessels were three 44-gun frigates, the Constitution, the President, and the United States, while nine were from 18 to 12-pound- ers. With this enormous disparity in naval force 79 our government naturally, as Queen Elizabeth did against the Spanish Armada, made use of the ships of her citizens. Bonds were required that they would act according to the rules of international law. Captures and their cargoes, where necessity did not require burning or ransoming, were to be brought before a district court for adjudication. The usual import duties were to be paid out of the proceeds. A percentage was to be reserved for pensioning the disabled in service, and the widows and children of the killed. The residue was to be distributed accord- ing to proportions prescribed by law ; namely, unless there was a special agreement otherwise, one-half to the owners of the ship and armament, the other among the officers and crew in like manner as in case of public armed vessels. In truth, the priva- teers were as much government forces and doing government work, as were the independent com- mands of Marion, Sumpter, and Cleveland, in the Revolutionary War, or those of Ashby and Forrest, in the early stages of that of our own ; or in the Franc-tireurs, in that between France and Germany. The captures by such ships were no more robbery than the captures by ships of war. The Snap- Dragon was no more piratical than the Bon-Homme Richard, or the Constitution, the Alabama, or the 80 Shenandoah; Otway Burns no more a pirate than Paul Jones, or Hull, Bainbridge, or Blakely, Semmes, or Waddell. The Federalist opponents of the War of 1812 vented their fury in abusive epithets against those of the war party. Once a compam' of idlers was assembled at the wharf at Newbern, where the Snap- Dragon was lying. An ardent anti-war man, an im- pulsive citizen of French extraction, a compiler of our laws and author of a history of our state, after- wards a Supreme Court judge in Louisiana, Francis Xavier Martin, used against her officers and crew the epithet fashionable among Federalists, ''licensed robbers." Captain Burns heard the words, leaped into his boat, was rowed rapidly to the wharf and, catching the word-slinger by the seat of his breeches and collar of the coat, flung him into the Neuse. This cooling process persuaded him, I will not say to eat his words, but, in the refrain of an old rollick- ing song, to ''drink them down." The doughty Captain was also prompt to resent what he considered an infringement of his rights, and his methods were not always such as are laid down in books of legal procedure. While enlisting recruits at Newbern, he became satisfied that a sys- 81 tematic effort was being made to thwart him by arresting his recruits for petty debts. He gave orders that no process should be served on his men and, when a boat-load of constables rowed along- side his ship, he promptly ordered it to be upset, and the officers of the law made their way to land like half -drowned rats. When the government called for privateers, our sailors, being prevented by British blockaders and cruisers from plying their regular calling on the seas, responded with true American alacrity. Balti- more sent 58 vessels ; New York 55 ; Boston, 32 ; Philadelphia, 14; Portsmouth, N. H., 11; Charles- ton, S. C, 10. Others sent smaller numbers, the total being 253. North Carolina furnished four, the Lovely Lass, of Wilmington, the Hawk, of Washington ; the Hero, of Newbern, and the Snap- Dragon. Some of the privateers were of considerable size and strength, and refused to run away from a war vessel near their size. The Chasseur, of Balti- more, with 16 guns, attacked and succeeded in cap- turing the St. Lawrence, a public war schooner of her own class. Captain Champlin, of the General Armstrong, gallantly engaged a British frigate of 24 82 guns, and, after a desperate action, escaped. In this action he lost six killed and sixteen wounded, and had masts, sails, rigging, and hull badly cut up. Captain Reid, in the same General Armstrong, in the neutral harbor of Fayal, made one of the most gallant defenses of his vessel known to history. The Non-Such, of Baltimore, Captain Levely, a i2-gun schooner, fought three hours and twenty minutes a i6-gun ship and a 6-gun schooner, and made her escape. The brig privateer, the True- blooded Yankee, the Saratoga, and the General Arm- strong, each carried i8 guns and i6o men. Others had i6 guns or less. These were intended for com- bats with armed merchantmen and enemy privateers, if perchance they should be met. Others expecting to encounter weaker adversaries had fewer guns and men. One captain actually sailed with a single gun, but it was very large and he had a crew of 50. The aim of the privateers, if they attacked an armed vessel, was to do all the execution possible with their guns, and then dash in and board the adversary, their superior numbers thus generally gaining the victory. This maneuvre was generally dangerous in a storm, as the smaller craft dashing against the larger might be wrecked, but in favorable 83 weather victory was well-nigh sure. Merchantmen carrying as many as 14 guns had only 25 sailors, others 30, while the privateers could throw on them 80 to i(X) men who had no duties in navigating the ship, but were trained to fight. This accounts for remarkable captures, for example the taking of a merchantman so large that the victorious captain hauled his craft on the deck of his prize and thus sailed into Portland. As a rule the British merchant vessel sailing alone was almost sure of being captured, and it was usual therefore to make up fleets, under the protection of one line-of-battle ship and two or three frigates. The privateers met this by hovering near and attack- ing stragglers, trusting to their speed to escape the armed escort. They were like wolves prowling around a flock of sheep, endeavoring to evade the vigilance of the shepherd dog. If perchance a storm scattered the fleet, a golden harvest was reaped. The Snap-Dragon, being fast and strong, quickly obedient to her helm, and commanded by an ex- tremely skillful captain, was very successful in weath- ering storm and picking up stray vessels. The law required that a description of privateer vessels and lists of crews should be filed before 84 each voyage. We have only one of these in rela- tion to the Snap-Dragon, that of July, 1813. In that she is said to be of 147 tons burthen, her crew 78, her armament 5 carriage guns, 50 muskets and 4 blunderbusses. The First Lieutenant was James Brown. On subsequent voyages her force was strengthened ; when off the coast of Nova Scotia she had one long gun on a pivot, probably an i8-pounder, and six others. On one voyage she had 187 men, and her last under Burns, in 1814, 99. A 147 ton merchant- man would not require more than 6 men to handle her, which shows clearly the excess of numbers on a privateer needed to board the enemy and furnish Qrews for prizes taken. The officers in the lists pre- served for the cruise beginning January 20, 18 14, were besides Burns, Captain ; Benjamin DeCokely, First Lieutenant; James Guthrie, Second Lieuten- ant ; Thomas Barker, Captain of Marines and Joseph Meires (probably Myers), Surgeon. Fourteen of the whole number were classed as marines. Some of the papers connected with the cruises of the Snap-Dragon, have been lost, but we have authentic copies of the logs or journals, kept by Burns in 1813-14. The substance of one is pre- 8s served in the North Carolina University Magazine, of October and November, 1855, in a sketch pre- pared by the late John H. Bryan, Jr. ; the second was found by myself printed in the Raleigh Register, September 24, 1814. The third was procured from the collector of the port of Newbern by Colonel John D. Whitford and printed in the Newbern Jour- nal January 5 — /February 23, 1896. This last cruise was from January 20, to April 19, 18 14. These journals portray in the terse, direct style usual in such documents the important incidents of the voyages. I will abbreviate some of them, trans- lating the nautical language into the vernacular, as I presume most of you are, like myself, *'land- lubbers". Some I will give without alteration. It is unfortunate that the publication in the University Magazine does not give the dates of the cruise therein commemorated. From internal evidence it appears to be the fiirst. It was among the West Indies. To show the method of Captain Burns in manag- ing his crew, I give the following: While on his first cruise he called at Providence, a beautiful island of the West Indies. Mindful of the health of his men, he allowed them, one-third at a time, 86 to go on shore. The last party, in which were several Irishmen, found a dram shop, with the usual results. While in the midst of the carnival, the Captain sent an officer to order them to return at once, but prompted by the sergeant of marines, a reckless son of Erin, named Plane, they refused obedience and threatened to throw the messenger down the hill. As soon as this was reported to Burns, he seized a cutlass, and ordered the boatmen to put him ashore. In his maudlin recklessness. Plane met him, saying : Well, Captain, when ashore I am as good a man as you are." Without a word Burns cut him down, with a wound not mortal, and then attacked the rest of the party single-handed, cutting and slashing until blood ran in streams. They were overawed by his terrific manner, and submitted to be driven to their duty. This conduct may sound harsh to a landsman, but Jack Tar must render swift and unquestioning obedience as a habit, or else in storms and battles crew and craft may be lost. I am not describing a kindergarten teacher nor the chairman of a Peace Society, but a fighting captain of a fighting cruiser. Another incident on the same cruise will further illustrate his discipline. The Snap-Dragon had just captured a merchantman of 14 guns. A seaman, named Thompson, with a tongue as tireless as the restless waves of the sea, had been from the be- ginning of the voyage, gasconading about his prow- ess and exploits. On this occasion his words were really offensive, tending to create disaffection among the crew towards the officers. The captain roundly chided him, observing that he was always loudest in peace and stillest in danger. Thompson replied tliat the captain, being the commander, could safely use such abusive language. Burns said he was willing to waive his rank, but thought it essential to disci- pline to administer a flogging, which he proceeded to do with his own hand. It subsequently became necessary to put the flogee ashore. He left with threats of vengeance upon the flogger. It is strange that the first person he met after landing in the United States was his old enemy, but instead of carying out his threat he begged that the past be for- gotten. This incident illustrates the strong difference between the discipline of a man-of-war and that of a privateer. Such a scene could not have occurred in the regular service, where by custom and rule the commander has but little personal communi- cation with the crew. The captain of a privateer, with recruits recently enlisted, with the terror of 88 government authority much more remote, his men serving primarily for gain and little for patriotism, must exact obedience by strength of character, tact, utter fearlessness and indisputable superiority and seamanship. In order that you may form some idea of the graphic and vigorous style of Captain Burns' log, I give in its words an encounter with a large and powerful merchantman. The date is March, 1814. It shows the daring nature of the man, that he at- tacked a vessel with three times as many guns as he had. Victory was prevented only by an accident as will be seen. "Thursday, 3rd, commenced a pleasant light rain about ten P. M. At five A. M. made a strange sail to leeward ; at six gave chase ; about seven gave her a gun and hoisted American colors ; she answered us with another and hoisted English col- ors. At half-past seven we engaged her and a regular and constant fire was kept up by both par- ties ; the enemy perceiving that we designed board- ing, manoeuvred his ship with great skill for considerable time. At half-past eleven got our mus- quetry to bear upon him — orders were given to hoist the red flag; (the red flag was the signal for 89 boarding.) At twenty minutes past noon we got on the enemy's quarter. They perceiving that we meant boarding gave us several stern guns, which injured our sails and rigging very much. We kept up constant fire of great and small arms; at half- past one we received orders to board. He put his helm hard up to run us down ; his fore chains took our jib-boom and bow-sprit; he endeavored to haul down his colors and got them as low as the gaff. At that instant our bow-sprit gave way and fore- mast went by the board. The schooner then fell off as quick as two vessels could fall. The enemy then rallied his men and let off the men that had boarded him, hoisted his colors and made the most of a good wind. All hands on board of us were called to clear the wreck, our shrouds, sails and top-mast being shot away. Our colors were shot away, and immediately tied in the main rigging. The pumps were sounded and we found she made no water; we then engaged by a jury-mast and at length set our jib, and at four made sail on the vessel. Our sails, rigging and hull is much dam- aged, and our boat completely ruined. The enemy's force is not known. She is a large ship, coppered to her bends, mounts 22 guns, and fought desper- ately, using round, grape, canister and cold shot. 90 They beat off our boarders with pistols, cutlasses, boarding-pikes, and the above cold shot were thrown. When some were swarming on board they threw stink-pots, bricks, and glass bottles. We do not know her loss, but suppose she lost considerable, as blood run out of her lee-scuppers and her hull received damage from chain and star shot. We lost 4 killed, 7 wounded * * * . This ends an action that forces us to run for some port to repair, owing to losing our mast ; had it stood she was our prize. We were so near Surinam, we heard guns from the battery." This story brings out clearly the usual tactics of the privateers in capturing a much larger mer- chantman, armed with many more guns. At a distance the long guns are used ; as they approached, the carronades and the musketry. Then, as soon as possible, boarders leaped on the enemy's deck. Resistance, however desperate, was usually over- come by superior numbers of picked men, trained for hand-to-hand conflicts. In this fight the Eng- lish captain was evidently a very able and fierce antagonist. As a last resort he adopted the dan- gerous expedient of endeavoring to ram the Amer- ican, and, although Burns by prompt action pre- 91 vented entire success, he carried away the support of the Snap-Dragon's fore-mast and caused its fall. He then sailed away and escaped. It was a beautiful contest between two uncommonly skillful seamen, the Englishmen evidently having a larger crew than was usual with merchantmen. One of the Snap-Dragon's crew, Nat Owens, stated that in one of his fights at close quarters. Burns charged his gun with sail-needles when grape ran low, and this was probably the occasion. Burns was a capital sailor. In a tropical gale of tremendous force, the Snap-Dragon was saved entirely by his resourcefulness. The first blow of the wind lost her jib-boom and started her cut- water. After being on deck all night he took a rest, leaving his lieutenant in charge. The wind shifted and a huge wave knocked the ship on her beam-ends, breaking the guns from their fasten- ings and opening a seam in her side thirty feet long. Burns rushed on deck, secured the guns, promptly turned her head and held it on the tack. This raised the leak above the water and by vig- orous pumping the danger was passed. The log tells of a narrow escape from capture effected by the benius of Burns. Four large ships were descried. His keen eye satisfied him that 92 one was a war vessel disguised by taking down her fore and mizzen top-gallant masts and pinning old black patches on the sails. There was such mur- muring at his caution that Burns concluded that it was best to run some risk in order to satisfy his crew. Bearing down on the stranger he sent sev- eral shots into her but no answer was made until the Snap-Dragon began to retreat. Suddenly the batteries were unmasked and grape and cannister whistled through her sails. The peaceful-looking merchantman was transformed into a povverful and swift man-of-war. Then ensued a trial of skill be- tween the two, both manoeuvering with ability, while the breeze increased almost to a storm. Some on the Snap-Dragon, seeing the Englishmen's size and speed, began to pack up their clothing, so as to be ready for a voyage to England. But the pluck of Burns and the faith in his craft never faltered. He seized the helm and suddenly tacking, sailed by his adversary only three hundred yards off. Of course he received a broad-side, but just as the shot left the guns a great wave hid the privateer, so that she really seemed to dive like a duck out of danger. Her sails were only slightly cut up. The Englishman attempted to tack in pursuit but his ship failed to turn promptly and, by a series of 93 short tacks, which his larger enemy could not irri- tate, the Snap-Dragon rapidly increased her distance. Such was the force of the wind and she was so hidden by the mountainous waves, that the captain of the man-of-war reported that she had sunk. Captain Burns' pluck and seamanship was dis- played to great advantage in rescuing his vessel from five British vessels of war at the port of St. Thomas on the island of the same name, then in possession of Great Britain. Stationing himself at night near the harbor in order to cut out some vessels at anchor therein, he was surprised when the darkness lifted at finding himself lying between five English men-of-war, three to windward and two to leeward. One of them, the Garland frigate, was in gun-shot distance, and fired a 32-pound shot, which, fortunately, missed. Forty miles distant there was a huge rock, called the Sail Rock, it being feasible to pass on either side. Burns, headed his swift cruiser directly for the rock so that the enemy could not divine on which side he would pass. Making his men lie down, he took the helm himself, and at the critical moment chose the safer side. The nearest brig, the Sophia, gave him a broad-side of grape and round shot, and then anodier, without effect, and the Snap-Dragon sailed 94 down the Wind until out of danger. The captain had the pohteness, or perhaps you will call it the im- pudence, before going out of sight, to tack his ship, display the American colors, and fire a fare- well gun. There were few men in our navy who could have escaped such an ordeal unharmed. Burns did not hesitate to attack a lo-gun brig- of-war. The Nettler of that force, when he was cruising near Tortola, one of the Virgin Islands, bore down upon him. The Snap-Dragon was headed to meet her, but the Nettler declined the combat and took refuge under the walls of the fort. Burns, when night came on, ran by the fort and endeavored to seize one of the merchantmen. In the darkness his boat encountered the Nettler, and, being unable to fight both brig and fort, by aid of his sweeps he left the harbor. At one time, when ofif the coast of a Spanish island, some English prisoners on the Snap-Dragon begged to be put on shore. Burns, who was always kind to his prisoners, consented with reluctance, because the island was remote from the tracks of commerce, and his men might be detained on sus- picion of piracy. His fears were well founded. His boatmen were thrown into prison, and vexatious delays interposed against their release. He deter- 95 mined on the strong hand. He weighed anchor and sailed off. Soon a small war boat, called a felucca, with about a lOO men on board, came out of the harbor. The Snap-Dragon suddenly returned and captured her. Two gibbets were rigged and the commander was notified that, if the Americans were not released in two hours, all would be hanged, beginning with the captain. In one hour the Snap- Dragon's men were on board, and the voyage was continued. Another incident well illustrates the little weight the United States then had among nations. While sailing to Cartagena for supplies, Burns disting- uished an English vessel on the high seas convoyed by two Spanish, one a brig of 12, the other a schooner of 8 guns. Without any warrant of inter- national law, they claimed in a blustering manner that the Englishman was exempt from capture. He disregarded their threats, seized her, put on her a prize crew of 20 men, and, ordering them to await his return, proceeded to Cartagena. While absent, a number of Spanish gunboats attacked and cap- tured the prize after a short resistance and carried her into harbor. The crew were thrown into prison in irons for firing on the Spaniards. After three 96 weeks' detention, by free use of bribes, their release was secured. The loss to the stockholders of the Snap-Dragon was estimated at $20,000. It is not conceivable that a United States privateer would be treated in this arbitrary manner in these days of fleet smashing off Manila and Santiago. While at Cartagena, one of the crew attempted to desert, and, being caught, claimed to be a Span- iard. A brig-of-war anchored near her, and her captain came on board the Dragon and claimed the sailor. High words followed between him and Burns, when in a spirit of gasconade, he drew his sword. Burns seized a boarding-pike and was with difficulty prevented from staving it through his adversary, who promptly abandoned his claim. Shortly afterward, in exercising the right of search of a Spanish brig, and while the boarding officer was in the cabin examining papers, some of the sailors who had been imprisoned at Cartagena, pro- ceeded to hang a Spaniard or two by way of retaliation. The rope was around the neck of one of the dons, and the body was about to swing, when the officer came up from below and stopped the execution. Truly, Jack Tar is a reckless fellow in times of war. 97 The next incident is supplied by Mr. Thomas C. Davis, of Morehead City, to whom I am indebted for much valuable information. Captain Burns and Captain Almida, of the privateer Kemp, differed about the division of a valuable prize. The dispute waxed so hot that Burns challenged Almida to a "yard-arm-duel." In this mode of satisfying honor, the antagonists station themselves on a yard-arm of their respective vessels, Then the vessels are sailed near and around one another, while tlie duel- ists from their airy seats fire away each at the other with musket, rifle, or pistol, while the sailors below eagerly watch the sport. He, who is hit, may drop at once on deck or into the ocean. While they were on their way to the place agreed upon, they chanced to see in the distance several sails. The hostile encounter was changed into a chase of the enemy, and the capture of one apiece so mollified their anger that the duel was adjourned sine die by unanim.ous consent. From the journal of the cruise from June 3rd to August i6th, 1813. over the Banks of New- foundland, we find a sarcastic allusion to an opinion of the Chief Justice of the United States. ''June 8, spoke American ship Active, from Wilmington to Cadiz, cargo, flour — had the impudence to show 98 us his British Hcense ; suirered him to proceed ; so much for the decision of Judge Marshall.*' To the downright mind of Burns accepting the license from the enemy made the acceptor equally an enemy. The following shows quick work, though not profitable : "June 24, at 4 P. M. captured the barque Henrietta, Captain Mason, of Liverpool — at a quar- ter past four captured the brig Jane, of Maryport, Captain Arkbridge — at five captured brig, Pandora, of Havre de Grace, Captain Murphey, all in ballast." "June 25, at 7 A. M. manned and ordered for the United States the two former and gave up the latter to the owners, after having paroled the pris- oners and put them on board her." The next statement of the journal shows the cunning of the Englishman, and how the fox. Burns, was not caught in the trap. "June 27, at meridian saw a strange sail to the south of us, and stood for her. At 2 P. M. the chase gave us a gun and hoisted English colors, distant three miles. We returned it and hoisted American colors. She then crowded all sail and we gave chase until night concealed her from us. Saw her again at daylight and chased her again until 5 A. M. when the fog, which, how^ever, was 99 light, cleared away and discovered a convoy of 25 or 30 sail to windward, protected by several frigates and 74's, two of which stood for the chase, as soon as they heard her signal guns. As soon as the chase, which we ascertained to be a brig, show- ing 14 guns, came up with one of them, she was fired upon, and immediately ran toward us, and the firing continued at intervals until 4 P. M. We, however, suspected a decoy, and kept at a respectful distance." After some days of anxious sailing in and out of the "darkness visible" of the fogs, was made the most valuable capture of the voyage. I quote from the log: "At 4 P. M., a thick fog prevailing, a brig hove in sight in half-musquet shot, standing across our quarter. We hailed immediately. She answered she was the brig Ann, Captain Martin, from Liverpool for St. John, New Brunswick, car- go, bale goods, steel, card wire, and crockery; put a prize master and crew on board and took her in tow. Thick fog prevailing for several days." "July 15th and i6th employed in taking goods out of the prize and putting them aboard the Snap- Dragon." On August 1 6th, Beaufort Vv^as reached after a cruise of 76 days. The captures were of inconsid- 100 erable value, except that of the last mentioned brig, the Ann, which, with her cargo, was estimated at nearly half a million dollars. After being duly libelled in the District Court of the United States, Judge Henry Potter presiding, they were sold for cash at auction by Edward Pasteur and William Shepard, agents, at Newbern, beginning October nth, 1813. The hearts of the belles and beaux of North Carolina must have leaped for joy at reading the advertisement. I copy the list of articles speci- fied in order that you may see what kind of goods our grandfathers and our great-grandfathers and their wives and daughters wore and used. "Super- fine and coarse cloth of all colors and sizes ; Cassi- meres, ditto ; Grey, Brown and Olive coatings ; Red and White Flannels; Rose and Striped Blankets, Plams, Duffels, Kerseys, Bombazeens, Bombazets of all colors ; Satinetts and Rattinets of all colors ; Swansdown, Striped and Figured ; Prince's, Bruns- wick, and Benner's Cord; Flushings of all colors; Carpeting, Cambric, and Cambric Muslin, Cotton Shirting, Prints, Calicoes, Shawls, Checked and Fancy Molesdown, Plain and Silk Striped Toil- enets, Bedford, Patent and Windsor Cords; Vel- veteens; Elastic Stockinett; Webb Braces; Cotton and Silk Laces; Men's and Women's Cotton and lOI Vv^orstecl Hose ; Dimities, Love Handkerchiefs, Bea- ver Gloves, Fancy Vestiilets, Sewing Silks, Boot Cord, Thread, London and Whitechapel Needles, 60 casks Card Wire invoiced at 2200 pounds ster- ling, 25 tons of Steel and Sheet Iron, and finally, the contents of 58 packages as yet unknown." The Ann and her furniture were sold at the same tim.e. Articles of the same name as most of these are Vv^ith us yet about our persons and homes. Some are new to me. I have heard of Satinetts, but what are Ratinetts? I am not acquainted with Molesdowns. Perhaps they all got lost on the ''Underground Railway." 'Xove Handkerchiefs" became obsolete before I had need of them, away back in the fifties. If a toilenet ever crossed my path, I did not recognize whether it was male or female. I can only guess that a "Vestulet" is a more becoming appellation for a modern raiment with a name, which to an old-fashioned ear has a flavor of immodesty, ''Shirt-Waist. " The list is comforting as showing that the fabrics which adorn the persons of the ladies of 1901 are not much more numerous and perhaps not more costly than the fabrics which aided our grandmothers in causing the hearts of our grandfathers to thump under their capacious waistcoats. 102 We have no means of knowing the number and the value of the captures made by the Snap-Dragon under Captain Burns. Mr. T. C. Davis, who has paid the matter more attention than anyone else, states that in the first seven months of the war, he took two barks, five brigs, and three schooners, with valuable cargoes, estimated at one million dollars. With the vessels were taken 250 prisoners for which the government paid a bounty of $10 each. The brig Ann and her cargo, already mentioned, were rated at nearly half a million dollars. Cer- tainly, at the call of the government our worthy Captain played no unimportant part in carrying out its policy by crippling the commerce of its enem}'. The aggregate loss inflicted by all vessels carry- ing letters of marque was enormous. Captain George Coggleshall, himself the captain of one of these vessels, in his "History of the American Priva- teers," states the loss to Great Britain as 2000 ships and vessels of all kinds, not counting captures on the Great Lakes. Of these 2000, about 1300 sail were captures of privateers. Of our own vessels taken by the British, he estimates that the number was not over 5CXD, which appears reasonable when it is remembered that we declared an embargo 103 seventy-five days before the war began and that a large portion of our merchantmen returned to their ports within four months afterwards and were laid up out of reach of the enemy. After six months the blockading vessels rendered regular commerce imf>ossible. The privateers penetrated every part of the several oceans, where it was likely that a British merchantman could be found. They cruised and made prizes in the English Channel, in the Irish Channel, in the Bay of Biscay, and along the Spanish coast, in the waters around Hindostan and Australia, among the West Indies, along the coast of South America and Africa and beyond the Arctic Circle. They not only inflicted immense losses on the enemy, but to them, as well as to the commanders of our war frigates, is due the increased respect felt by all the nations of the world for the intelli- gence and skill, the daring and energy of American seamen. They aided in securing the grand result that the United States was thenceforth to be recog- nized and treated as equal to any of her older brothers in the family of nations. Wheeler is wrong in stating in his "Remini- scences" that Captain Burns was captured with the 104 Snap-Dragon. His constant exposure to drenching storms and icy blasts told even on his iron frame, and during her last cruise, excruciating rheumatism kept him anchored at port. In this last cruise the commander was Lieutenant DeCokely. On the 29th of June, 1 8 14, she was carried into Halifax as the prize of the British man-of-war, the Leopard. She had sailed from Ocracoke on the 28th of the pre- ceding month. The lieutenant was experienced and capable but he doubtless lacked the nautical genius of Burns. Perhaps the Snap-Dragon resembled the woe-begone Lady of Orange, who married a bad husband. She accounted for her bad fate by saying ''that she was snared into it." We will now briefly trace the career of Captain Burns in times of peace. About the close of the war. Captain Burns mar- ried Miss Jane Hall, of Beaufort, and lived there in a handsome residence for twenty-two years. He renewed his old calling of ship-building, using the staunch old live oak timbers from Shackel- ford's and Bogue's banks. About 1820, be built for a Wilmington company the first steamer which ever plied between Wilmington and Smithvill^, now Smithport. The captain was Thomas N. 10; Gautier and the engineer John Snyder. The sig- nals were given by a trumpet, and it is handed down that when more speed was desired, the cap- tain shouted down : "Give it to her, Snyder." This expression was admitted into the language of cant and has hardly died out at this day. Shortly afterwards, Burns built the brig War- rior and afterwards the brig Henry, both being in the coast-wise and the West India trade. He also constructed a small two-masted sail-boat, the swif- test of the Sounds, and named her in honor of his beloved old fighting-vessel, the Snap-Dragon. He put in her a center-board, the first ever heard of in that section. He, however, did not confine him- self to private business, but found time to represent his county in the General Assembly, which then held annual sessions. He was a member of the House of Commons, in 1821, 1822, 1824, 1825, 1826, 1827, and of the Senate in 1828, 1829, 1830; of the House of Commons again in 1832 ; and of the Senate again in 1833 and 1834, in all twelve terms after twelve elections. This statement shows that he had in a marked degree the esteem of the people. When the Republican party divided into Jacksonites, afterwards Democrats, and National 106 Republicans, afterwards Whigs, he followed the leader most like himself in character, Andrc'.v Jack- son. My yoimg friend, Ivey F. Lewis, has examined, at my request, the Journals of the Houses of which Otway Burns was a member and noted his votes on the questions of the day. In tracing his course, I find that no North Carolina statesman took more independent and enlightened positions than he. His public career was at a time when the great Eastern and Western controversy was being agi- tated. A short statement of the causes of the con- troversy is necessary to understand the singular merit of the political conduct of Captain Burns. Under our colonial government the counties of old Albemarle had five members each and those from Bath two members only in the General Assem- bly. In order to secure harmony, John Harvey and other patriots induced the former to agree that the State Conventions or Congresses should have five delegates from each county. When in the darkest hour of the Revolution, the Constitution of 1776 was formed^ the public danger swallowing up all minor questions, the people of Albemarle surren- dered the representation they had enjoyed for one 107 hundred years, and consented to equality with the others, that is, one senator and two Commoners from each county and a commoner each from six boroughs. Of course this arrangement was to the advan- tage of the small counties of the east, but for some time the only serious effect on legislation was the taxation of land by the acre, a $20 eastern acre, rich in corn, paying the same as a ten cents middle or western acre, rich in jagged stones. This inequal- ity produced little discontent because the rate was only six cents on $100 worth. The General Assembly thus constituted had al- most unlimited power. It could tax some articles and not others and that without limit. There was no restraint whatever on its pledging the credit of the state. It elected the governor and other execu- tive officers for one year only and controlled their salaries. While the judges were chosen during good behavior, their salaries were subject to the will of the legislature. It is much to the credit of our people that there was no wild action by this power- ful body, that the only complaint was as to their strict economy. As all the smaller counties were in the eastern half of the state, eastern land-holders controlled the 108 General Asembly by a two-third's vote. This con- trol they determined to retain. Whenever the necessities of the west required a new county, its creation was either refused, or delayed or accom- panied by the creation of a new western county. In 1776, the Senate stood 2'j eastern to 8 western members ; counting the borough members, the House stood 58 to 20. In 1777, were created three east- ern and two western counties ; in 1779, five eastern and five western counties ; and so on. Between 1776 and 1835 there were 17 new western and 16 new eastern counties. The Vv^est had one advantage and that was obtained largely by the independence and love of fair play of the sturdy old privateer, Otway Burns. In 1827, the vote for Macon County stood 6}^ to 61, and he was one of the 63. In 1822, his vote was cast for the county of Davidson. In 1827, he favored the establishment of Yancey Coun- ty, the vote being tied, 62 to 62. The speaker voted Aye, but the measure was lost in the Senate. In 1833, in the Senate, Yancey was created by 33 to 28, and so grateful were the people of the new county to Bums, that they named their county-seat Burnsville in his honor. He likewise favored the erection of Cherokee, in 1828, (63 to 61) eleven 109 years before it was admitted into the family of counties. Matters in the General Assembly went on for some years after the Revolution in an easy, som- nolent, way. The war of 1812 aroused the mem- bers to the extent of taking land according to the value, instead of by the acre. But the time was approaching when Governor DeWitt Clinton, with many great men of the state of New York, tra- velled in a canal-boat eastward from Buffalo, and, being towed through New York harbor, amid deaf- ening shouts from the throats of men and screams from the whistles of engines and bellowings from the mouths of cannon, poured water from Lake Erie into the Atlantic. Thus was the marriage of the lakes and the ocean solemnized. The spirit of canal building spread with the intensity and rapidity of a prairie fire. In North Carolina there were wild dreams of navigating our streams nearly to their sources. Raleigh was to receive the vessels of Pamlico Sound up Neuse River, up Walnut Creek, up Rocky Branch to the crossing of the Fayetteville Road. Boats were to ascend Cape Fear and Deep Rivers to the Randolph Hills. The produce of the Yadkin valley from the no foot of Blowing Rock was to cross to Deep River and be exported from Wilmington. The puffing of steamboats was to be heard on the head-waters of the Catawba and the Broad. In vain Carney Cotton, a Commoner from Chatham, told the House that after dry weather a terrapin could carry a sack of flour on his back from the hills of Guildford to the landing at Fayetteville, right through the middle beds of the rivers, while not a drop of water would dampen the flour. Such prudential counsels were unheeded. When the salary of the governor was only $1500, our staid ancestors imported from Scot- land a civil engineer, Fulton, at a salary of $6000 in gold to begin the good work, and the western members clamored for appropriations in money or in bonds by the state to save the tribulations of four-horse wagons rumbling over jagged rocks or splashing through mucilaginous mud. They had gold-tinted visions of Asheville, Morgantown, Ra- leigh, Wilkesboro, Asheboro, Louisburg, Ruther- fordton, glistening with the white wings of com- merce. A few years afterwards, when the canal fever had been cured in part, at least, it was replaced by by the railroad fever. At last, distance was to be partially annihilated and the different sections made III near neighbors. The western counties became clamorous for the state to open her treasury and to provide these swift and easy highways. The eastern counties having navigable rivers through their borders, or of convenient access, sat heavily on the treasury box and answered every appeal with emphatic Noes. This difference of interests fired the minds of the western people with indignation against the inequality of representation in the General Assem- bly. They began to assert with wrathful intensity that the state government was under the control of an oligarchy of landed wealth. They pro- claimed with eloquence the injustice of Green with 432, Camden with 394, Carteret with 364, Chowan with 329, Jones with 261, Currituck with 138 votes, having the same weight in the Senate and in the House as Buncombe with 1344, Burke with 1360, Rowan with 1594, Surrey with 1755, Wilkes with 1765, and Lincoln with 1929 votes; four freemen from one locality not having as much weight in the government as one in another. An active agitation ensued for calling a Con- vention to redress the evil. It goes in history under the name of the eastern and western controversy. 112 It was of such bitterness that even so prudent a man as Governor Swayne, a citizen of Buncombe, warned the east that there was danger of the west rising in its might and pulHng the pillars of state down with a ruinous crash. After long discussion the Convention of 1833 was called and the evil partially remedied. The measure was passed by a few bold and independent eastern members, who were convinced of its justice, and were willing to sacrifice their local popularity for what they con- sidered to be right in itself and for the best inter- ests of the whole state. Prominent among these, am.ong whom was the great Judge William Gaston, was the fearless and independent sea-captain, Otway Burns. Their action led directly to the restoration of harmony and eventually to the development of our state by building the iron highways from north to south, from east to west, throughout the borders. By this patriotic course. Burns sacrificed his popularity. His legislative career ended with the senate of 1834. And when the amended con- stitution was passed on by the people the county of Carteret repudiated his action by 322 to 32, over ten to one. Other eastern counties were even more rabid. The constitution in Hyde obtained only two votes, in Tyrrell only one, in Bladen six, and "3 in Brunswick the negative was unanimous. But in the west the approval was shown by such major- ities as in Lincoln 1887 to 42, Rowan 1570 to 24, Buncombe 1322 to 22, Wilkes 1757 to 8, Surrey 1754 to 4, Burke 1359 to i, and Yancey with its county-seat of Burnsville, rolled up a vote of 564 to nothing. Captain Burns showed that he was superior to the prejudices of his section in other ways. He favored all measures looking to internal improve- ments, such as clearing out of Cape Fear below Wilmington and making navigable the Cape Fear and Deep Rivers, draining Mattanuskeet Lake, aid- ing the construction of a turn-pike road from Fay- ettesville to Wilkesboro, granting charters for rail- roads, and draining the swamp lands. He opposed all propositions to cripple the work projected for improving our rivers. He favored measures de- signed to favor our agriculture and manufactures. He aided in carrying against strong opposition the bill making appropriations for rebuilding the Capitol in place of that destroyed by fire in 1831. He opposed efforts to cripple the Supreme Court, which, having been recently established, had not then the strength in popular estimation wliich it 114 afterwards acquired. And those who had made an ineffectual effort to give debtors a homestead, a beneficent provision forty years later placed in the constitution. He displayed conspicuous courage in other direc- tions. He refused to court popularity by favoring the election of Sheriffs and Clerks of the Court by the people. When the notorious Bob Potter started a crusade against the Banks of the state, which were then the subject of much popular odium, he declined to join in the persecution. And, finally, he could not be drawn into the rapidly growing prejudice against free negroes. He voted against the prohibiting those of other states from settling in North Carolina. And he favored a bill allowing slaves to be emancipated by their owners. On the whole, in legislative bodies in which sat such men as Bartlett Yancey, Montfort Stokes, John Owen, James Iredell the younger, William Gaston, John M. Morehead, John L. Bailey, David F. Caldwell, Charles Fisher, and others like them, as a broad- minded, fearless, intelligent member, the old priva- teer and ship-builder, Otway Burns, was the equal of any. By doing his full duty in arduous posi- tions in war and peace, and by his services to the im United States and to North Carolina he has earned a right to a place in the Portrait Gallery of the state. In the course of my investigations into the career of Otway Burns, I must admit that harsh words have been said of him, usually in connection with his privateering ventures. I have come to the con- clusion that this traditional opinion is unjust; that it is founded on two misconceptions, both engend- ered and propagated by hot party spirit. The Fed- eralists who disapproved the war, visited all acts of the administration, including the sending forth pri- vateers, with hot displeasure and calumnious epi- thets. Then again, when in opposition to nine-tenths of his constituents, he sided with the west, and gave votes which they deemed fatally injurious to their interests they poured forth the vials of their wrath upon him. Time has shown that he was right, and I believe that in his political course he was actuated by honest motives. I remember distinctly that my fathei", the late Judge William H. Battle, who was a commoner from Franklin in 1833 and 1834, when Burns was Senator, spoke of him in high terms, especially praising his independence and freedom from demagoguery, coupled, candor compels me 116 to say, with the disposition to answer supposed insults with the strong argument of ^ponderous fists. After his legislative career was over, Captain Burns, his fortune having been impaired by the financial crisis of those days, received from Presi- dent Jackson the appointment of Keeper of the Brant Island Shoals Light Boat. This was not far from the village of Portsmouth, then a port of entry, with a population of about looo. He re- moved his residence to that place and there the old seaman lived a tranquil life until his death on October 25th, 1850. He was buried in the beauti- ful cemetery of Beaufort under his favorite live oaks. Recently a cannon, said to have been on the Snap-Dragon, was placed over his grave, with ap- propriate ceremonies. Judge Walter Clark deliv- ering an able and scholarly address. Captain Otway Burns was thrice married; first to Miss Grant daughter of Reuben Grant, of On- slow, executor of his grandfather's will; second to Miss Jane Hall of Beaufort, in 1814; and third, in 1842, to Miss Jane Smith of Smyrna, in Carteret County. His only child was by his first wife, born in 18 10, a captain in the United States Navy, who 117 after service on the Atlantic, Mediterranean and Pacific, resigned in 1840 and died in 1869, Cap- tain Owen Burns. Captain Owen Burns married Miss Martha Armstrong, daughter of Solomon, and grand- daughter of Gen. John Armstrong. The only liv- ing descendants of Owen Burns are his seven sons, a daughter and ten grandchildren. 1. I. R. Burns, who resides in New York City and Daytona, Florida. He has an only daughter Bessie Burns Hulse. 2. X. Eugene Burns, a fruit grower in Santa Clara Co., San Francisco, California, who has an only daugher Eugenia Stewart Burns. 3. Richard Burns, who resides in Chicago, has an only son Grindall Jerome Burns. 4. Charles O. Burns, President C. O. Burns Co., New York City. 5. Walter Francis Burns, of In wood. New York City, Vice Pres. and General Mgr. of the W. F. Burns Co., has two sons Walter Francis Burns, Jr., and Otway Burns. 6. Edwin Oscar Burns, San Francisco, Cal., who has a daughter Martha Burns and a son Owen Burns. 118 WAl.TKR 1- RAN CIS BURNS 7- Owen Burns of the W. F. Burns Co., who resides in Chicago. The only daughter Lillian lives at Inwood, New York City and is married to John Anthony Wilkens, of Rotterdam, Holland. They have an only child a charming young lady of four, Theodora VVal- tona Wilkens. Divers great-grandchildren of the old privateer bid fair to insure that his blood will continue red and lively as long as our Ship of State shall be manned by men of active brains, brave hearts and strong hands. In conclusion, I do not claim that my hero was a shining light in the church or appropriated to himself all the cardinal virtues. But he had strong virtues. He was brave and honest, faithful to his trust, and kind of heart. He was largely generous both in his prosperity and in his adversity. His long service in both branches of the legislature shows that he had the confidence of his neighbors, not alone of the poor, but, as only land-owners voted for the Senators, of the rich as well. And we can now see that this straight-forward sense of justice aided in settling dangerous questions and advanced the prosperity of the state. At the call "9 of the government he did his full duty in arduous and dangerous service on the sea. Let us then hold in honor the bold warrior and v^^ise legislator, Otway Burns. 120 LOG OF THE CRUISES OF CAPTAIN OTWAY BURNS AND THE SNAP-DRAGON. Chapter I. DURING the year 1812, Otway Burns com- manded a merchantman, which sailed from the port of Newbern, N. C, to Portland, Maine. Whilst on his voyage and before he reached Portland, war was declared between Great Britain and the United States. Commercial intercourse being at an end Captain Burns determined to render all the assistance in his power to his country, and to second in a private capacity the gallant and glori- ous struggles of our infant navy. At this time several privateers were fitting out at Portland to cruise against the enemy. A com- pany of persons proposed to Burns to purchase his vessel and convert her into a privateer, upon con- dition thaf he would take command. He was not averse to the employment but thought his vessel too 121 slow a sailor to suit the service. He therefore declined the proposition and soon after sailed for New York. Whilst there he fell in with a schooner very well suited as he thought for a privateer. Upon inquiry he ascertained that her name was 'Xevere," that she was for sale at $8,000. After consultation with a gentleman who was part owner of the vessel he commanded, they sold their vessel and bought the other. They fitted her up as a privateer and changed her name to the Snap- Dragon, and sailed for Newbern. Here she was sold out in shares and books were opened to ship men for a cruise. At this time most of the influ- ential men in Newbern were opposed to the war, and endeavored to counteract Burns' efforts. Among other expedients adopted to prevent his obtaining a crew, they tempted those who had already shipped to contract debts, and then would issue civil process for their arrest. Burns being very much provoked, gave orders that no legal officer should be allowed to board the Snap-Dragon without his permission. On one occasion six con- stables undertook to board without obtaining leave. The officer qji duty ordered them to keep off. They disregarded his command and came along- 122 side. The officer then ordered his sailors to upset their boat, which was accordingly done and the poor constables were compelled to get upon the bottom of their boat to keep from drowning, where they remained until they drifted ashore. That frolick, says the Log Book, "finally broke tlie con- stables." Another incident which happened at this time, illustrates the opposition entertained by many citi- zens to the war of 1812, as well as the bold and daring character of Burns. Whilst the Snap- Dragon was moored on the Neuse in front of the town, a considerable crowd assembled on the nearest wharf. In the crowd was Francis Xavier Martin, then a resident of Newbern, since a Judge in Loui- siana, who hailed the Snap-Dragon and called her a "licensed robber." Burns was on board, heard the epithet and ordered his boat to be manned. He soon stood upon the wharf in the midst of the crowd. He seized Martin, dragged him to the water's edge and threw him into the river, when the ardor of his patriotism soon cooled to civility. Whilst in the water he begged Burns to pardon him. Upon being released he and his associates dispersed in confusion. 123 Finding that he could not complete a crew in Newbern, Burns sailed for Norfolk. The priva- teer Revenge, was also at that port for the same purpose. In a few days both were ready for sea, and it was agreed by their respective commanders to cruise together. They weighed anchor and passing through Hampton Roads sailed down the Cliesa- peake. 124 Chapter II. Shortly after the vessels were clear of the Capes a sail was descried on the weather bow, and a signal was made from the Revenge for a chase. The Snap-Dragon was immediately under a press of canvas and in two hours was several miles to the windward of her companion. It was soon ascer- tained that the chase was an armed vessel and all hands were called to quarters. Whilst in port, some of the crew of Snap-Dragon in the language of her commander represented themselves to be the bravest fellows in the world, and if they might be believed, could make each a meal of an English- man. Captain Burns having never seen a hostile shot fired, was by no means disposed to brag until he had an opportunity to make a trial of his nerves. Now, when the moment of trial seemed to be at hand, some of those men who had been very brave in port, turned pale and asked Burns if it was not best to wait for the Revenge to come up. He made 125 no reply, but stood on his course. When in gun shot distance, the chase fired a shot to leeward and hoisted American colors, proving to be a Baltimore privateer. The Snap-Dragon still continued in company with the Revenge, and in a few days made two sail to windward. Again the signal was given for chase. The Snap-Dragon was soon alongside the stranger and fired a gun, whereupon they hove to. Captain Burns sent a boat aboard to examine their papers, and ascertained that both were Spanish vessels and being neutrals were of course permitted to pass unmolested. It was upon this occasion, as before, with these very brave fellows among the crew: their fears magnified each vessel into a man- of-war, and it was whispered among them that the "fool of a boy (Burns) w^ould send them all to prison or the devil, by imprudently running along- side a strange vessel before he knew what she was." The two privateers had now been in company for some eight or ten days, but Captain Burns hav- ing by this time ascertained that his companion was a slow sailor, concluded to separate. He ac- cordingly did so. The very next day, cruising alone, he fell in with two British men-of-war, a 120 frigate and a sloop. The day was fine and they gave chase to the Snap-Dragon: it was fruitless however for the Snap-Dragon had the heels of both and using them, she soon, in the language of Cap- tain Burns, bade them adieu. The chase though short was interesting. It was the first time that the speed had been decidedly tested, and the result confirmed Captain Burns' judgment and raised the spirits of the crew. The two best qualities of a privateer are speed and spirit, and both are equally important. The speed of the Snap-Dragon was already ascertained : of the spirit the sequel will more properly speak. Having escaped an unequal encounter with the British vessels, Captain Burns resumed his course, and in a few days encountered a British ship of 14 guns. It was late in the evening when the sail was made, and soon after night-fall the Snap-Dragon was alongside. Burns fired one gun and the enemy surrendered, being the first prize. For some days after this adventure the weather was very fine and the Snap-Dragon moved pleas- antly and sleepily over the waters. The pause of adventure allows mention of a little incident, which illustrates what has ever been remarked, the inti- mate union of the braggadocio and the coward. 127 One Thompson, holding in the Snap-Dragon some subordinate post, had already thrust himself fre- quently upon the notice of the Captain as the noisiest of the crew, vaunting constantly, in the absence of danger, of his daring, and when it was presented complaining of the imprudence of Burns in encountering it. After the capture of the British vessel mentioned above, Thompson, as usual, was gasconading in the hearing of the officers who were assembled on the quarter deck, and in language which savored of mutiny. He was interrupted by Burns who told him he wearied of his bragging, that he observed he was always loudest in peace, and stillest in peril. Thompson of course went into a net, and said that Captain Burns felt safe in using such language being his superior officer, but would not dare to do so if ashore and on equality. Captain Burns told him that he waived all distinction of grades, and called upon the other officers to witness that he held himself in this particular on an equal footing with him. and fur- ther he told Mr Thompson that under the circum- stances he considered it important for the discipline of the vessel to administer to him with his own hands "a genteel flogging," and that he was at liberty to defend himself. Thompson submitted 128 and Burns chastised him with the end of a rope. If you should incHne to consider the conduct of Burns rather harsh in this instance, 3^ou will please consider the nature of the service — demand- ing the strictest subordination and the most in- trepid spirit. What followed will at least show that Thompson deserves none of his sympathy. If so happened that during that cruise Thompson was put ashore at St. Matthews on the Spanish main, declaring that if he ever met Burns, he would kill him. He did not return to the United States until after peace was restored, and by a singular co- incidence the first man he met upon land was Burns himself. He did not pursue his purpose of revenge, but on the contrary begged Captain Burns not to mention what had passed. In relating the adventure now, Captain Burns acts upon the prin- ciple that the moral is worth more than the man. In a few days the Snap-Dragon made the island of St Thomas, which was in posession of Great Britain, and at night a boat was despatched to reconnoitre the harbor, which reported that several vessels, ready for sea, had dropped out. It was too late after the return of the boat to cut them out that night so the Snap-Dragon hauled off to the windward of Buck Island, intending to cruise near 129 the harbor the next day. With this view she was disguised, but at daylight the first objects descried by Captain Burns were five British men-of-war, three dead to windward, and two leeward. The "Garland" frigate was in gunshot distance ; and in fact such were the relative positions of all towards one privateer, that they could not have been im- proved if they had been chosen with a view of capture, instead of being as they were, purely acci- dental. Captain Burns first tried to deceive the enemy by hoisting colors, but John Bull was wide awake. The Garland fired a 32-pound shot at the Snap-Dragon, which came near striking the hull, and immediately set skysails and made a signal to the other men-of-war to join in the chase. The condition of the privateer was perilous, and soon her top hamper was up, and every sail set to the best advantage. The only possibility of escape, was through Sail-Rock passage, which was some forty miles distant, dead to windward, and to make the point, three of the enemy hovering upon her direct course, was of extreme difficulty. Indeed escape was hopeless, unless the enemy could be deceived by some manoeuvre. With that sort of decision which distinguishes the man of genius, and that presence of mind which, marks tlie man of 130 courage, Captain Burns adopted perhaps the only ex- pedient which could have succeeded. It was this : To put the Snap-Dragon directly towards the Rock, which gives name to the passage, so that the enemy could not anticipate on which side she designed to pass. The chase immediately opened in goovd earn- est, and our little privateer, pursued by five British men-of-war, may not inaptly be compared to a fox chased by a pack of hounds in full view. Captain Burns so shaped his course as to get all the Gar- land's sails to draw on one mast, which gave his vessel a great advantage in sailing. Nevertheless, the frigate kept for more than two hours in gun- shot, during which the shot continued to fall around the Dragon, and although without effect, still so near as to throw the spray upon the officers. When they approached the rock, the Garland made signals to her companions to cut off the Dragon when she hauled up to choose the passage. Two brigs accord- ingly got into the passage with the object of inter- cepting her. Now came the rub ; Captain Burns made all of the men lie down and took the helm him- self. The brig Sophia was nearest the privateer, and when she came abreast discharged at her a broadside of grape and round shot. The fire was harmless, and such was the hurry of the brig to repeat lier fire, 131 that in doing it her forward bulwark was shot away. The crisis was now over. In a few minutes the Dragon had all five of the enemy on the wind, and was quite out of gun-shot, ''walking upon the waters like a thing of intellect." As soon as he was well to windward Captain Burns tacked ship, hauled up his foresail, displayed his colors, and fired a gun by way of defiance and farewell. Night at length interrupted the pursuit. At daylight the next morning a sail was made on the lee quarter, which proved to be his Majesty's ship Dominick. She gave chase to the Snap-Dragon and ran her down to the passage, and then aban- doned the pursuit. During the chase the wind blew so fresh as to carry away the jibboom and two top- mast stays of the Snap-Dragon. After this Captain Burns beat up to windward and cruised about the island of St. Croix, where he made several small captures. Intelligence of Captain Burns' movements reached the island of St. Thomas, where his Maj- esty's brig. The Nettler, of ten guns, was in harbor. One morning found the Snap-Dragon about forty miles from Tortola under easy sail, when she made a sail to windward, running down upon her, which 1^2 proved to be the Nettler. Her force was known to Captain Burns, and when some of his officers pro- posed to run from her, he, aware that he had more men, and there being httle disparity in size, and withal being (in his own language) tired of run- ning, scouted the idea, and prepared for action. The Nettler came rapidly down under a full press of canvas. "All hands to quarters" was the order of Bums. When the Nettler came within about two miles, she changed her purpose of attack and, taking in her light sails, hauled dead by the wind. The Snap-Dragon immediately started in pursuit, and chased her into the harbor of Tortola, the race con- tinuing from 6 A. M. to 6 :30 P. M., at which time the Snap-Dragon was within half gunshot of her. The Nettler passed under the guns of the fort at dusk and anchored. Such is the position of the fort that a vessel may pass by it and go out another way. Captain Burns hoisted English colors and passed the fort. It soon became very calm and dark. The Snap-Dragon lay abreast of the town about a half mile distant. Some of the officers being well acquainted with the harbor and town, the boats were manned in order to take some of the vessels there anchored if possible. The boats pulled in to a point only a hundred yards distant, which was covered as 133 they thought upon a near inspection by a flock of sheep, but which turned out to be a battery, the guns of which were painted white. Passing the battery undiscovered they approached a vessel at anchor. Quietly they pulled alongside, and visions of prize money were already passing through the imagina- tion of the crew, when a hail followed by a volley of musketry informed them they had gotten hold of the wrong customer. It proved to be the Nettler. Her crew were evidently prepared for their reception. The town was in arms, and sky-rockets were travers- ing the heavens in every direction. Under these circumstances it was considered advisable to retreat. A light was hoisted on board the Snap-Dragon to guide them in retracing their steps. The light dis- covered her position to the battery, which opened upon her immediately. Burns, extinguishing his light, returned the fire with his long gun, which enabled the boats to find him. He then ceased firing, ran out his sweeps, and in a few minutes was out of danger. But Burns thought it would never do to take so much trouble for nothing, and he came to the conclusion if he could not get a prize he would at least get some fresh provisions. He therefore ordered a boat to be manned and went ashore to a plantation. Filled with sheep, poultry and vegeta- bles she returned to the privateer, and by daylight the island was twenty miles distant. 134 CHAPTER III. We left our gallant navigator at the epoch of his escape from the harbor of Tortola, twenty miles at 5ea rejoicing in his might. That day we fell in with and captured an English vessel bound to Santa Cruz ; she had on board between forty and fifty Guinea negroes and some other articles of merchandise. We took out of her seventeen or eighteen of the blackest, who were very anxious to go with us, and released her to pursue her voyage. Some days afterwards while cruising off Santa Cruz, we sent in a boat and cut out a schooner; her crew had already left and she was loaded only with mill timber and was not considered worth man- ning, so she was burnt. The Snap-Dragon then went into a small harbor on the south side of Porto Rico, named Ponce. This was a neutral point or port belonging to the Spaniards. We were very kindly treated, for the Governor gave us permission to fill water and get what stores we might want. 135 We sold dry goods and some otlier articles to pay for what we got ; bought a very fine long nine of the Governor and in four or five days were ready to go on our cruise again. We shaped our course with an English packet ; we exchanged some shot with her, but were forced to give up the chase on account of the rough sea. Here we encountered a tremendous gale, which lacked but little of proving fatal to the Snap-Dragon. We were to the windward of the Gulf of Mexico when it came down on us; she lost her jibboom and started her cutwater; we lay to under sail; Burns never left the deck the whole night, for she wanted watching by such a man as he was, and there was no man on earth that could manage her like him. At four o'clock he called one of his best officers, and giving him charge of the deck, went below to refresh himself a little. In a few minutes the wind had shifted two or three points and brought the Snap- Dragon in the trough of the sea ; still the officer of the deck did not see her danger, till a tremendous wave knocked her on beam ends, filled the w^aist with water and set some of the guns adrift. Burns was on deck in an instant and proved himself equal to the crisis ; the guns were secured and as soon as pos- 136 sible the vessel wore round and got on the other tack; the pumps were sounded and three feet of water found in the hold; they were immediately manned, but it took two hours of hard work to pump her out. When the daylight came it was found that the plank sheer had started more than thirteen feet, so that you could put in your finger. As luck would have it, the gale now moderated, and our good bark was saved. I am as certain as that I have a soul to be saved that if it had not been for Burns, the Snap- Dragon and all her brave crew must have gone to the bottom ; for if she had not been gotten on the other tack she would have sunk in fifteen minutes; all the leak was under water and wearing her was the only way to bring it above the waves. Now we bore away to Maracaibo to repair dam- ages; but we put into a small harbor where were only a few fishermen. We had on board two very good carpenters and plenty of tools and everything that was wanted. From where we lay to the Gover- nor's house was three or four miles and the com- mander had to go there to get permission to repair. The carpenters set to work with a will and all hands helped, so in three or four days we were all right and tight again. Meantime the Governor paid us ^37 a visit and was treated as well as the nature of our circumstances would permit. We were invited in turn to dine with him. Having learned from the fishermen that some seven or eight sail of English vessels were up the gulf, trading with the Spaniards, we got under way and stood out after them. There was a fine breeze at eleven A. M. We fell in with five of them alto- gether; they soon separated like a covey when a hawk darts in among them, but we succeeded in cap- turing three, one ran on shore and the other escaped. The prizes were principally loaded with dressed skins and dry goods; we took on board the greater part of the cargoes ; gave two of the barks to their original owners ; manned the other and ordered her to the United States. Some days after this we fell in with four sail of large ships, all in company ; the Snap-Dragon was to windward and bore down on them till our command- er was satisfied one of them was a man-of-war ; he was in disguise, had his fore and mizzen top gallant mast struck, and a good many old black patches on his top sails. All the others kept well under his lee ; there was a spanking breeze and we just hauled off from him, dead by the wind. Now some of those 138 cowardly officers began to grumble, and said they were all merchantmen ; you will always find such fellows, plenty of them, anywhere, ready to get in a scrap and never know how to get out. After a little Burns got angry and told them he had as many friends in British prison as they had and was just as wiUing as they were to pay them a visit like, and he now would show them he Vv^as not deceived in the stranger, so he ordered her helm hard aweather, and hauled in our weather braces ; now says he, "I hope I see some of your bravery," but soon you might see some of their fierce countenances change. The chase kept on their course, as near the wind as they would lie, the Snap-Dragon ran down till every- body was thinking the ship would not fight. Our shot had struck him several times, but he never replied ; all he wanted was to get us close alongside and then make a sure business of it ; but Burns or- dered his vessel hard by the wind ; just then the man- of war seemed to think it was his only chance and he did show his teeth and let us know he could bark and bite, pretty savage. He gave us a broad side of grape shot and canister, but it did not hurt us and only cut some holes in our sails ; he then put up his top mast, set a press of sail, and we soon perceived 139 that he was a first-rate sailer. The Snap-Dragon had just such a breeze as we wanted, and we eat the ship right out of the wind, but before she reached on us, both were heading into the land, and as the wind increased we had to furl top gallant sails, single reef topsails and take the bonnet out of the fore sail. It was pretty tight times, the wind blowing big guns, the sea breaking over us, and a dangerous looking stranger walking right in our wake ; he had by this forereached on us four or five miles, but we were to windward. When we got pretty near to land he tacked ship and a squall came off which favored him, so he headed to windward of our bow ; the wind still increasing we were forced to furl top sail. Now came the rub which was to weather, the Snap- Dragon or the ship. Burns had sent all of his men below except just enough to work the vessel ; some of the officers wished to keep the Snap-Dragon away from the wind, but he paid no attention to anything they said; he knew his business too well for that, for the ship would have been alongside in a jiffy. Men and officers were all packing up their baggage to go aboard the stranger, for we made certain we were all ticketed for a free passage to England. As good luck would have it, just at the scratch as the 140 two vessels were meeting, the wind favored the little Snap-Dragon, and she weathered the ship three hun- dred yards off. Just as the ship got abreast us, he up ports and gave us another broadside of grape and canister. Burns had the helm himself, the men all lying low, and as the ship fired it apperared the Snap-Dragon dived like a duck, so that nearly all the shot flew over us ; only four or five struck our sails. "Now boys," says our commander, when he saw that none of our spars were gone, "now we are safe." We were so near the ship you could tell the officers from the men, and almost hear the commands they gave. Before he could get another at us we flew by him; we were heading on one tack and he on a different one, so he attempted to tack and missed stays ; at the same time the Snap-Dragon split flying jib, and carried away two back stays, but we repaired them without loss. Burns was determined to make short tacks, dead to windward; he knew the Snap- Dragon would not miss stays, and he found in such a gale the ship would catch him on long tacks ; again he ordered her in stays, and round she spun beautifully, hard as it was blowing, and she buried in the waves. The ship had now just got on the 14T right tack, but we shot by him again a Httle further than before ; he paid us his compHments at parting, but it was impossible to hit our hull, for that .was almost under water. Towards night it moderated a little and we put on more sail ; at sunset the Snap- Dragon was more than two miles dead to windward ; dark came on and that was the last we ever saw of our troublesome customer. Nothing saved us that day but the exertions of Captain Burns alone and his skill in sailing manceuvres. A few days after we captured an English vessel from Curacoa, which gave us the information that the ship with which we had such a tight race was the Fawn, sloop of war, one of the fastest in H. B. M.'s service. She had gone into Curacoa and re- ported that she had sunk a Yankee privateer. I sup- pose he did think so, after taking three full broad- sides at us ; but people make mistakes sometimes on sea as well as land and some of his English friends found it so too, not long afterwards. For some time after this we cruised off Santa Martha; we had some English prisoners on board who were very anxious to be set ashore there ; so one morning the Snap-Dragon stood in about off tlie port. The commander told the prisoners that lie was 142 willing to oblige them, but the Spaniards were a sus- picious set of people, and that they and his crew might be taken for pirates. But after some time, a boat was manned and the prisoners and one of the officers went on shore ; the Snap lay just out of gun shot from the fort. It began to get late in the after- noon and no boat appeared; our commander grew more and more uneasy, and more certain something wrong was the matter. He did not intend to go in the Snap-Dragon, but finally concluded to send another boat and a copy of his commission ; as soon as she arrived she too was taken and hauled up alongside of the other one ; the officer and his men were marched off to prison where they found their comrades. The reason why they had detained the boats and their crews was, they said, that they thought we were all pirates, and they would not give them up until the Snap-Dragon came in and showed her proper commission. After a great deal of palavering they agreed to let the last boat come off with only the officer on board ; it was now nearly eight o'clock at night. To go off and leave our men in prison looked very hard ; and if the Snap-Dragon went in we did not know but they might take her and all the rest of us. It was finally resolved never to leave the coast until we "fot our men or had satisfac- H3 tion. The moon shone as bright as day, and they could see us very plainly from the fort ; so we stood off as if we had finally gone, and next morning we were so far to leeward they could not see us. A little after sunrise there came out one of their feluccas, bound down to Porto Cabello, carrying one hundred men and some guns to fortify the place. As soon as she got well out from the fort the Snap-Dragon made sail in chase ; we soon over- hauled her, fired a gun and made her heave to; ordered her captain on board the Snap-Dragon and told him if he did not go ashore and bring off our men and boat, we would hang every man of them. We rigged two gallows at yards arms and allovv'ed him two hours to do as we bid ; his boat was soon manned, and in less than the time we gave him our men and boat were on board. There never was a set of men worse frightened than these Spaniards, and if that plan had not been adopted we never should have seen our men again. We now began to get down to Carthagena for a supply; so we bore away and next morning fell in with three sail. We bore down on them, fired a gun and displayed our colors ; they proved to be a Spanish brig of 12 guns, a schooner of 8, both guard 144 coasters, and an English vessel. They all showed their colors, and the brig fired a shot just ahead of ns ; in a moment we beat to quarters, bore down on her and demanded of the captain what he meant; he replied that the English vessel was under his convoy and he should protect her ; Burns asked what right he had to protect her, as the United States and his government were at peace, and the Snap-Dragon was commissioned to take all English vessels she fell in with three leagues from land, and this one was not even in sight of the coast. They had some high words, but the Snap- Dragon took possession of the Englishman, put a prize master and twenty men on board, and ordered her to keep company. Next morning we took out of her a considerable amount of goods, and ordered the master to keep off the port and not to come within three leagues until we came out. The com- mander left so many men in the prize for fear some of them might desert if they got a chance. We went into Carthagena and immediately got permission to fill with water. Everything was going on well until that cowardly rascal of a Spaniard, the captain of the brig, Vv-ent into a little port to the windward of Carthagena and reported that we had fired into him 145 and captured the English vessel; all unknown to Burns. Immediately there were three gun boats sent out in search of the prize ; they found her where we left her, and before they got in close gun shot, Spaniard like, began to fire on her ; the prize master was a brave fellow and silenced the whole three. By this time our commander found out what was going on and despatched a boat and five men, with instructions to the prize master. The cowardly ras- cals had now got two more boats, and they met and captured our boat ; they then met and captured the prize and forced her to surrender ; they brought her in, put all the crew in irons and threw them in jail ; there was as much fuss among the heathen devils as if they had captured a line of battle ship. Here we WQVQ then, in a nice pickle; the Snap-Dragon under the guns of the fort, surrounded by their men- of-war ; no consul and no friends ; now what was to be done? The first thing was to find out the cause of all this; they said we had fired into the king's brig and had captured the prize, in less than tliree leagues from land ; All this was a lie the Spaniards told that they might get the prize, Vv hich was proven by the English crew. After keeping us there three weeks by bribery we got them to give up the prize and release our men. They robbed the vessel of 146 everything they could lay their hands on, among which was $15,000 in doubloons that we knew noth- ing about until it was too late, or that would have been taken on board the Snap-Dragon too. They robbed the men of everything they had and while they were in prison two of them died. There was one thing happened that I shall not soon forget. While we were laying there, the Span- ish brig had come in and anchored about 150 yards from us. One of our men had tried to run away and he was put in irons ; he contrived to get word to the Spaniard that he was a Spanish subject and claimed his protection ; so one day the Spanish captain came alongside and demanded him. Some very high words passed betv/een him and burns, who was on deck; the Spaniard drew his sword and Burns caught up a boarding pike and was in the act of staving it through him, when one of our officers pre- vented him ; and the Spaniard left in a hurry. The whole afifair did not cost the stockholders of the Snap-Dragon less than $20,000, besides her deten- tion. There were fifteen or twenty sail of English ves- sels in the harbor when we first got clear ; when we were already to sail they petitioned the Governor to 147 have an embargo laid on us until they could get out; this was granted them and we were detained a week. After we did sail we hovered on the coast some days in hopes of meeting the brig that had given us so much trouble, in which case it would have been doubtful if she would ever carry any more lies ; they had told enough to sink her anyhow. We cruised for some time between Carthagena and Jamaica; one night we fell in w^th a Spanish brig ; the boat's crew that boarded her happened to be some of the unfortunate men that had been in the Spanish prison. While the boarding officer was below examining the papers, some of them fixed a gallows and got a rope around one of the Spaniard's neck ; they were just in the act of swinging him off when the officer interfered ; he hailed us and said our men would hang every Spaniard on board ; so they had to be immediately recalled ; and no one of them who had been in the prison were after this permitted to board a Spaniard. We ran down a small island on the Spanish Main, settled principally by English ; the population was about seven hundred and more than three- fourths were blacks ; this little spot, Providence, is one of the prettiest I ever saw ; they raise nothing 148 but cotton, plenty of cattle, poultry and hogs, and some little breadstuff for their own use. The har- bor is a very fine one, had no fort, and from the road where we lay to the shore is not more than two hundred yards. The head man of the island was as clever a gentleman as I ever saw; he furnished us with everything we wanted and we paid him his own prices, which were very reasonable. If we had gotten there only one day sooner, we should have gotten a fine prize, for a few hours before we arrived a pirate went out and it was reported that he had a large quantity of specie on board ; he had stolen some slaves and cattle from the inhabitants. The commander let one-third of the men go ashore at a time to recruit themselves; the first party be- haved very well and returned at the time appointed ; the second found out an old lady who lived up on a hill, and she had spirits to sell ; but they did as well as the others. There were four or five Irishmen in the last crowd, and one of them was the sergeant of marines, and a saucy scoundrel he was. The Snap- Dragon by this time was under sailing orders, fore- top-sail loosed and a gun fired as a signal ; the first luff had been sent after the men and they refused to come; they said they had not gotten their frolic out, and if the luff interfered they would heave him 149 down the hill ; back he came with the news. Burns, without saying a word, threw himself into the boat and ordered them to set him ashore ; sword in hand he walked alone to the little pot house. The Irish sergeant — his name was Plane — came to meet him and says he, "Captain, now that I am ashore I am ah good a man as you are;" without a syllable Burns cut him down ; three or four more came up, but he cut and thrust among them until the blood ran in streams. He brought them all down to the boat in front of him, and in less than an hour they were on board the Snap-Dragon. That afternoon we shaped our course for Cape Antonio, and fifteen or twenty days sailed for Hav- ana; here we fell in with an English vessel from Honduras ; we took out a part of her cargo and gave her up as she was not worth manning. We now turned towards home. Off Cape Florida we had a slight engagement with the Providence, a privateer of ten guns, but she bore away and ran into the reefs, where we did not pursue her. Next morning we made a large ship ahead ; the wind was light and we saw we could not come up with her before dark. It was thought by all hands that she was an English ship from Havana, and it 150 was concluded that we should dog her until daylight ; at early dawn we were half a mile astern ; called all hands to quarters, showed our colors and fired a gun. The ship would not come to a showing, so we ranged up in musket shot and fired ahead of her; but she would not heave to. We now discovered that all hands were now at quarters, and that she mounted 20 guns, and then there were some long faces on board the Snap-Dragon. We came up on her lee- quarter and asked what ship it was. They answered **The Fernando," from Havana to Cadiz. Our commander ordered him to heave to, which he re- fused to do until we threatened to fire on him; finally he did so and we sent our boat on board and gave him a complete overhauling. His papers were all genuine and he was discharged. We now stood for Beaufort harbor. North Caro- lina; just before we made land we spied a sail and gave chase, as we were very anxious to speak to some vessel to hear the news ; the chase stood in for land; the wind was quite moderate, but we soon overhauled her, and it was quite laughable to see them make pretense they were poling when there was seven fathoms of water ; all to prevent us from speaking them. We were now near Swansborough,, and the chase proved to be an old acquaintance. We both got in that evening. The Snap-Dragon had been absent more than six months; the crew were discharged and she was put into the carpenters* hands for repairs. 1^2 CHAPTER IV. In a short time the Snap-Dragon was again in complete order. Burns superintended all the ar- rangements ; forty to fifty men came on from Nor- folk, where a rendezvous had been opened; these with what we had already picked up, made our crevv^ complete, except a lieutenant and one or two prize masters. The agents had written to New York for a first lieutenant and he was expected every day; we had been under sailing orders several days when he arrived. He brought letters from the agents, complimenting Burns upon what a fine young officer they had got for him. He was a fine looking fellow ; his name was Brown. Burns gave him his instruc- tions and sent him on board, where almost all of the crew were waiting for him ; our commander intend- ed to come on board in the afternoon, and we were to sail in the morning if the wind should permit. He found the whole crew in great confusion; eight or ten of the old hands were in irons and there were 153 no better men in the whole ship ; one fine fellow by the name of Dick, who was a great favorite, looked at Burns as he came over the ship and began to cry. Without a word he went below and sent the steward on deck for Mr. Brown, and asked him what the matter was ; he said they were noisy and saucy and that hewould tame the d —