Court-Martial held to Enquire into the Loss of His Majesty’s Armed Vessel Hinchinbrook, August 8, 1778

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At a Court Martial Assembled and Held on board His Majestys Ship Brune off New York the 8^th: August [1778]

Present
James Ferguson Esgr. Senior Captain of His Majesty's Ships and Vessels at New York. President
Captains	Benjamin Caldwell
	Cornthwaite Ommanney
	Thomas Jordan
	Tyringham Howe
	Thomas Mackenzie¹

The Court in pursuance of an Order from James Gambier Esq^r. Rear Admiral of the Blue Squadron of His Majesty’s Fleet &c^a &c^a. dated the 7^th. day of August 1778 directed [said] Captain James Ferguson Commander of His Majesty’s Ship Brune and Senior Captain of His Majesty’s Ships and Vessels at New York, proceeded to enquire and exam[ine] into the Loss of His Majesty’s Armed Vessel Hinchinbrook in Fredericka Creek on the 19^th. of April 1778 (when under the Chief direction of Lieutenant William Augustus Merrick of the Galatea) by her being taken and Seized by the King’s Rebellious Subjects—and having heard Lieutenant Merrick and M^r. James Murray (second Master and Pilots) Narratives of the Transactions delivered, and also heard the Deposition of such part of her Crew as were present, relative to the Facts, are of opinion, that her Loss was occasioned by her getting aground, the rapidity of the Tide, and the near approach of the Enemies Gallies, before they could Embark the People, that such necessary hurry to save them from falling into the Enemies hands, ve of her Crew were left behind, and prevented their Attempting to destroy her.

And we do therefore Acquit Lieutenant William Augustus Merrick, M^r. James Murray, the Officers and Company from having failed in their Duty. And they are hereby acquitted Accordingly

Samuel Landon
Appointed to Officiate
as D.J: Advocate

Ja^s. Ferguson
Ben: Caldwell
Cornth Ommanney
Tho^s. Jordan
Tur^m. Howe
Tho^s Mackenzie

Minutes of the Proceedings . . .
The Court (being duly Sworn) proceeded to the Trial accordingly

Lieutenant William August Merrick’s Narative

On the 10^th. April last in the Evening, information was received on board the Galatea, that three Rebel Gallies,² with a considerable Number of Troops on board, were advancing to attack the Hinchinbrook and Rebecca Province Armed Sloop;³ I was immediately sent in the Pinnace to the assistance of the Hinchinbrook; on my arrival on board her, a little after dark, She and the Rebecca were moved lower down the Creek, to a place that was thought more Advantageous to act in, and both Vessels being moored athwart the Stream, so as to Command the reach above them; we prepared for Action, and waited all night for the attack of the Gallies. At one ^a.Clock in the morning, a Brig⁴ with two Officers and thirty Seamen, which were sent from the Galatea joined us,— at the first dawn of day, we could see three Rebel Gallies about a mile and a half above us, rowing down the Creek, and having approached us, within range of their Shot, they commenced an Attack with one 18 Pounder, and one 12 Pounder from the Lee Galley, Two 12 Pounders from the Washington Galley, and two 9 Pounders from the Bullock Galley, as we were informed by some Deserters who came to us afterwards— it was Calm, and a Strong Ebb Tide running, so that not having it in our power, to advance Towards the Gallies, our Guns (four Pounders) were Totally Useless; in this Situation we lay near two hours, sustaining a very Gaulling fire, hoping that a Breeze of Wind would Spring up, and enable us to Board the Galleys, but it still continuing Calm, our masts and Rigging much disabled, and the Long boat sunk by the Enemies Shott, we were under the Necessity of moving our Birth, we therefore Weighed, and attempted to Tow the Hinchinbrook ahead against the Tide, but finding it inefectual, we dropped lower down the Creek, the Galleys followed us, and kept up a constant fire, but taking great care, never to approach us, nearer than the range of their Shot, in this situation we continued dropping down, anxiously waiting for the Turn of the Tide, or a favorable Wind, and having proceeded about a mile and a half, all three Vessels unfortunate Grounded at the same time, and the Tide of Ebb still running very rapidly down, rendered all our Efforts to get them afloat again, useless. The Galleys instantly perceived our situation, and taking advantage of our defenceless State, advanced with all the Speed they could exert to get possession of the Vessels, at that moment there were but two Alternatives, either to fall Prisoners into the hands of the Rebels, or immediately to effect a Retreat in the Boats—the Choice was Judged not to admit of a Moments hesitation, the latter measure being effected with great difficulty, the Boats proceeded down the Creek, and Joined the Galatea in Fredericka sound.

Question.	What time of Tide was it when you attempted to Tow the Hinchinbrook up to the Galleys against the Tide?
Answer.	The first Quarter of the Ebb.
Question.	What time of Tide was it, when the Vessels grounded?
Answer.	About half Ebb.
Question.	Did you inform yourself from the master whether there was any difficulty in dropping down?
Answer.	I did: and from the information I received from Captain Mowbray who commanded the Province Sloop Rebecca, that there was no difficulty, I desired him to lead down, which he did, and was the first agroung.
Question.	Whe you was a Ground, what position was the Vessels in?
Answer	The Hinchinbrook and Rebecca with their Head & Stern to the Stream, and the Watering Brig athwart the Stream.
Question	Was the Watering Brig of any Force?
Answer	Yes: She had one three and one two Pounder
Question	When She was aground, was She in your Front or Rear
Answer.	In our Rear, the Tide Swadling her down
Question	Do you think if you had, had a Craft to have moved the Hinchinbrooks Guns into the Brig, would it have prevented her being destroyed?
Answer.	I think not, because the Brig when aGround, heel'd so much that the Guns could not have been working on board her.
Question	Did you keep any lead going, while you were dropping down?
Answer.	Yes; and had from 7 fath. 'till a half Twain
Question	What were your reasons for dropping down?
Answer	To get into deeper water and a broader Channel, for had we continued in the Situation we were first in, the Vessels would in a Short time have been rendered Useless.
Question	Had you any men killed during the Attack?
Answer	No; by reason of our lying under a March, a Shot never hulled us, except one, which rebounding from the Marsh, fell in the Creek, and Sunk the Longboat.
Question	Do you impute the Loss of the Hinchinbrook, to any Neglect, or Misconduct of any of Her Officers or People?
Answer	No, on the Contrary, every one doing their Duty with great Alacrity.
Question	Were the Vessels all three aground together?
Answer	Within a minute of each other
Question	Had you it in your power to Set fire to the Hinchinbrook?
Answer	I think not, without a Certainty of falling of falling into the hands of the Rebels.
Question	What means did you use to get the Vessels off, when they Grounded?
Answer	An Anchor was carried out in the Galatea's Longboat, and hove on the Cable, but without Effect, although part of her water was Started in order to Lighten her.
	M^r. James Murray
Question	Did you Command the Hinchinbrook at the time She got agrounded in Fredericka Creek the 19th April 1778?
Answer.	Yes, by an order from Captain Jordan of the Galatea, dated the 9^th. April, upon the death of Lieutenant Ellis.⁵
Question.	Relate to the Court what you know concerning the Loss of the Hinchinbrook?
Answer.	On the 18^th. April 1778 about 4 ^aClock in the Afternoon, I perceived three Rebel Gallies coming down Fredericka Creek, I sent to acquaint Captain Jordan of their being in sight, about 5 they fired sex Shot at us: We moored the Vessel athwart the Creek, in order to annoy them. About 8 Lieutenant Merrick came onboard; We then warped lower down, about midnight we brought too, and moored athwart the Creek again, and continued in that Position all Night. about 5 in the morning, the Gallies advanced and fired several Shot at us, which they continued to do until about 7. finding our Situation so very bad, they having sunk the Longboat and Shot away a deal of the Rigging, we Cut the Best Bower and Stream Cables, weighed the Small Bower, and rowed the Vessel lower down, about 8 She grounded[;] finding the Vessel aground the Rebels still advancing the Vessel stern on, we thought it prudent to quit her.
Question.	Where was the Rebecca Sloop when you grounded?
Answer	She grounded nearly at the same time
Question	What was your reason for moving the Brig at 8 ^aClock at Night?
Answer.	By Lieutenant Merricks order.
Question	What number of Shot, do you think the Rebels fired at you, before you moved lower down?
Answer	Six.
Question.	Are you a Pilot for Fredericka Creek?
Answer.	No. but have sounded, and found Sufficient Water for the Brig.
Question.	Did you keep your lead going in coming down?
Answer.	Yes.
Question	Had you Boats ahead Sounding?
Answer.	Yes, both Towing and Sounding.
Question.	When you was a ground, what means were used to get her afloat?
Answer.	We got an Anchor out, and endeavor'd to heave her off, but without Effect?
Question.	What time of tide was it?
Answer	About ⅔ Ebb, or there abouts
Question	Did the Rebels fire upon you while carrying the Anchor out?
Answer.	No; but advanced very fast, and on the Boats quitting the B[rig?] they then fired, both round and Grape.
Question.	What distance were the Galleys from you, when you quitted the Vessel?
Answer.	Not half a Mile.
Question	By what accident got you aground?
Answer	By the Watering Brig and Rebecca Sloops being aground and not Sufficient room in the Channel.
Question.	When you was aground, what was the reason you did [not] defend the Vessel from the Rebels?
Answer.	She lay Stern toward the Stream and to the Enemy, and could not get a Gun to bear, having no Stern Ports.
Question	What was the reason you did not destroy her, to prevent her falling into the Enemies hands?
Answer	The Enemy being so very close, and not having Boats Sufficient to carry off the people.
Question.	Did the Officers and people do their utmost in defending the Vessel?
Answer.	Yes. they did to their Utmost power, and quitted her with reluctance.
M^r. John Hamilton Sworn.
Question fm. L^t Merrick	When I went on board the Hinchinbrook at 8 ^a.Clock in the Evening on the 18^th. April, whether She was not laying near a Wood which flanked the Creek?
Answer	No.
Question fm. L^t. Merrick	When we weighed in the morning of the 19^th. did we not Attempt to Row and Tow the Vessels against the Tide in order to attack the Gallies?
Answer	Yes. according to my Idea, every attempt was made for that purpose.
Question	Did She go ahead or aStern?
Answer	She went astern.
Question	Did not the three Vessels ground nearly at the same time?
Answer.	They did.
Question.	Whether? when we quitted the Hinchinbrook the Gallies were not within half a Mile of us, and advancing towards us?
Answ^d.	I believe the Lee Galley was nearer than that, and the other two about the distance M^r. Merrick speaks of.
Question	Whether at the time We quitted the Hinchinbrook, She was not in a Defenceless State?
Answer	I looked upon her intirely so.
Question	Whether in your opinion, if we had not immeditately effected a retreat in the Boats, we should not have fell into the hands of the Enemy?
Answer.	Yes, or Killed, there was not time to be lost.
Question fm the Court.	Had you time to set her on Fire?
Answer	No.
Question fm M^r Murray	Whether before Lieutenant Merrick came on board the Hinchinbrook, She was not in a State of Defence and every Necessary means used for receiving or attacking the Enemy?
Answer	I think so, to the best of my Knowledge She was.
Dominick Hogan Sworn
Question fm the Court.	When M^r. Merrick came on board the Brig, do you recollect Woods being near her?
Answer	Yes.
Question	How far distant?
Answer	Within musquet Shot.
Question	When the Enemy fired at you, did they do you any damage?
Answer.	Yes. they cut away some of our Shrouds, and great part of our Rigging, Sunk the Longboat and wounded a man in her.
Question	When you weighed in the morning what position were the Vessels in?
Answer.	Moored athwart the River, abreast of each other.
Question	What position were the Vessels in when they dropped down?
Answer	The Sloop was aStern of the Hinchinbrook, and the Brig on her Bow:
Question	What was the Cause of the Hinchinbrook's getting aground?
Answer	By reason of the Brigs being aground and the narrowness of the Channel, caused the Hinchinbrook to Ground also.
Question	Were all three Vessels agound?
Answer.	I am certain the two Brigs were aground, and I believe the Sloop also.
Question	After the Hinchinbrook was aground, was every means used to get her off?
Answer	There was, by carrying an Anchor out and Starting the Water
Question	After you got aground, and was carrying the Anchor out, did you perceive the Rebels approaching you?
Answer	Yes.
Question	Did you think they were so near you as to prevent your destroying her?
Answer	Yes.
Question	To the best of your Judgement, do you think every Necessary Duty was put in Execution by the Officers and Crew, for the preservation of the Hinchinbrook, or for the Burning her?
Answer	I do, as the Gallies were so near, we had not time to put that in execution
Question	Before you moved the Hinchinbrook, would your Shot have reached the Enemy's at the time they cut your Shouds and Rigging?
Answer	No, I think not.
Question.	How many Guns had the Hinchinbrook?
Answer.	Fourteen four pounders.
Question	Were there any people left on board the Hinchinbrook when the Boats put off?
Answer.	Yes. I think five.
Question.	What was the reason of their being left behind?
Answer.	I did not see them, and we had not time to Search for them.
Question	Were the Gallies advancing upon you at the time you quitted the Brig, and how near were they?
Answer	They were rowiing down very fast towards us, and fired Shot over and over us.
Question From M^r Murray	Whether the Brig, before Lieutenant Merrick came on board was not in a State of defence, and every necessary Means used for receiving or Attacking the Enemy?
Answer	Yes.
	For the Prisoners
	M^r. Robert Cauzar (master of the Galatea) Sworn.
Question.	Relate to the Court, what you know relative to the Loss of the Hinchinbrook?
Answer	Having received Orders from Captain Jordan to Command the Watering Brig, as a Reinforcement to the Vessels on the Advanced Posts—on my Joining the Hinchinbrook I went on board in order to receive Orders from the Commanding Oficer there—Lieutenant Merrick acquainted me with his intention of Boarding the Gallies early the next morning, provided a favorable opportunity offered—The Tide of Ebb running rapidly and there being no Wind to Command the Vessels, rendered it impossible to advance towards the Gallies—At the dawn of the day we perceived the Gallies advancing with their Oars, they fired a few random Shot at us, and Continued so until they Judged themselves to be within point blank Shot—We lay above an hour and a half exposed to a very Galling Fire, our Guns (only four pounders) were in Short Useless, as they would not Carry the distance—upon which We Weighed and dropt lower down, anxiously waiting the Turn of Tide, or a favorable opportunity to attack the Gallies—the Channel being very narrow and Intricate, and the Tide of Ebb still Continuing, the Vessels unfortunately grounded, nearly at the same time—the Gallies on perceiving our Situation, continued Advancing, and kept a very heavy fire—As there was not the least probability of Getting the Vessels off, not withstanding every attempt was made by carrying an Anchor out &c^a. we deserted her.
Question	What time in the morning did you Weigh?
Answer	About 6 ^a.Clock I believe.
Question	What time of Tide was it?
Answer	About the last Quarter of the Ebb.
Question	What time of Tide was it When the Hinchinbrook grounded?
Answer	In the last Quarter of the Ebb.
Question.	Do you think your being aground in the Watering Brig Obstructed the Passage of the Hinchinbrook?
Answer	I believe it did.
Question	How near were the Gallies to the Hinchinbrook, while the people were Striving to get her off?
Answer	About half a mile distant
Question	Could any Guns from the Hinchinbrook or Rebecca have prevented the Gallies from advancing on them?
Answer	No, none could be brought to bear from the Hinchinbrook She having no Stern Ports, and She laying end on with the Stream.
Question	Was there time to destroy the Hinchinbrook, and bring the people off, to prevent her falling into the Enemies hands?
Answer	No, as the Gallies continued approaching very fast.
Question	Suppose you had Stayed to destroy the Hinchinbrook at all Events, what do you apprehend would have been the Consequences?
Answer	I am of Opinion to think, that the Boats might have been sunk by the Enemies Shot and the Crew made Prisoners.⁶
	Samuel Landon Appoint to officiate as Duputy Judge Advocate.

D, UkLPR, Adm. 1/5310, fols. 48–56. Docketed on a separate page: 8^th: August 1778./Minutes/Of a Court Martial held on/board the Brune to enquire/into the Loss of His Majesty’s/Armed Vessel Hinchinbrook/ Original Sentence Transmitted/to Lord Howe.”

1. The officers of the court-martial were captains Benjamin Caldwell, in command of H.M. frigate Emerald; Cornthwaite Ommanney, in command of H.M. frigate Tartar; Thomas Jordan, in command of H.M. frigate Galatea; Tyringham Howe, in command of H.M. frigate Thames; and Thomas Mackenzie, in command of H.M. frigate Lizard.

2. Georgia Navy galleys Bulloch, Capt. Archibald Hatcher, commander, Lee, Capt. John Braddock, commander, and Washington, Capt. John Hardy, commander.

3. East Florida armed sloop Rebecca, John Mowbray, commander.

4. Likely a tender to H.M. frigate Carysfort, though the log of Galatea regarding its loss referred to it simply as “watering Brigg.” See Col. Samuel Elbert to Maj. Gen. Robert Howe, 19 Apr. 1778, NDAR 12: 138–39n3 and Journal of H.M. frigate Galatea, 9 Apr. 1778, NDAR 12: 139–40.

5. On the drowning death of Lt. Alexander Ellis, see Lt. Col. Thomas Brown to Brig. Gen. Augustine Prevost, 10 Apr. 1778, NDAR 12: 81.

6. For the American version of the capture of Hinchinbrook and Rebecca, see Elbert to Howe, 19 Apr. 1778, NDAR 12: 138.

Document Information

Date

1778 August 8

Volume

Volume 13

Series

American Theater, June 1 to August 15, 1778

Naval Documents of the American Revolution

Court-Martial held to Enquire into the Loss of His Majesty’s Armed Vessel Hinchinbrook, August 8, 1778

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