Protest: Of The Officers And Crew Of The American Brig Creol...

By this public instrument of protest bc it known that, on the second day of Decotnbcr, eighteen hundred and forty-one, before me William Young Lewis, notary public in and for the city of New Orleans, duly commissioned and sworn : Personally cameand appeared Zephaniah C. Gifford acting master of the Amer. ican buig called the Creóle, of Richmond, wha declared that the said vessels sailed from the port of Norfolk, in the State of Virginia, on the thirteenth day of October last past, laden with raanufactured tobacco in boxes, and slaves then under command of Captain Robert Ensor, bound for the port of New Orleans in the State of Louisiana. That when about 13 miles to the North North east of the Ho!e-in-the-VVall, the slavesor part thereof on board said vessel, rose on tho officers, crew and passengers, killed one passenger, eeverely wounöed the captainyhis appearer,and a part of the crew; compelled said appearer,. then first mate, to navigate said vessel to Nassau, in the Island of New-Providence; where she arrived and a portion of ihe ringleaders of said insurrection wero confined in prison, and the remainder of said slaves liberated by the British authorities of said Island; and required me notary to raake record of the same, intending more at leasure to detail parlticulars. And this day again appearcd the said acting master, together with Lucius Stevens, acting mate; William Devereux,cook and eteward: Henry Speek, John Silvy, Jacques Lscomte, Francis Foxwell, and Blair Curliss, seamen - all of, and belonging to said vessel, who being severally sworn according to law, to declare the truth, did depose and say - That said veasel starled as aforesaid. ehe was tight and strong, well manned, and provided in every respect and equips ped for carrying slaves : That said vessel left Richmond on the 25th day of October, 1841, with about 102 slaves on board : That about 90 of said slavea were shipped on board on the 20th of said month, of which 41 were shipped by Rubert Lumpkin, about 39 by John R Howell, 9 by Nathaniel Mathews, and one by W. Robiason; that from that time about one or two per day were put on board by John R, Howell, until about the said 25th day of October, so as to malee the whole nutnber of 135 8laves. The men and women slaves wero diided. The men were all placed in the forward hold of the brig, except old Lewis and servant of Thomas McCargo, who staid in the Cabin,as assistunt servant, ;uid the women in the hold aft, except six feraale servants who were taken in the cabin. Between then was the cargo of the brig, consisting of boxes of tobáceo. The slaves werO permitted to go on deck, but the men were not allowed at night to go into the hold aft where the women were. On the 30ih of October the brig left Hampton roads for N9W Orleans. The Blaves were all under the superintendance of William Henry Merritt, a passenger. - John R, Hewell had the particular charge of the slaves of Themas McCargo - Theopholug McCargo being eonsidered too young and inexperienced- rand the general charge of the other slaves, all being under the master of the vessel. The 8laves were all carefully watched. They were perfectly obedient and quiet, and showed no signs of mutiny and disturbance until Sunday, the 7th of November about 9 o'clock P. M. in lat. %7 46 N. long. 75 20 W. The captain supposing that they were nearer Abaco than they were, had ordered the brig to be laid to, which was done. A good breeze was blowing at the time, and the sky was a liltle hazy wilh trade cluuds flying. Mr. Gifford was on watch. He was told by Elijan Morris, one of tho slaves of Thomas McCargo, that one of the men had gone aft among the women. Mr. Gifford then called Mr, Merritt, who was in the cabin, and informed him of the fact, - Mr. MerritjCame up and went to the raain hatch, which was the entranco to the after hold and asked two or three of the slaves which were near, if any of the men were down in that hold, and he was informed that they were. Mr. Merrit then waited until Mr. Giñord procured a match, and lighted it. Mr. Giffjrd stood over the hatchway. Ou striking a light, Merritt found Madison Washington, a very large and sirong slave of Thomas McCargo, standing at his back. Merritt said to Madison, "Is it possible that you are down here? You aro the last man on board the brig I expected '.o find.here." Madison replied, "Yes sir, it is me," and instantly jumped to the haichway, and got on deck, saying " I ara going up, I cannot Btay here." He did this in spite of the resi8tance of Giflbrd and Merritt,vho buth tried to keep him back and laid hold of him for that purposc. Madison ran forward, and Ehjah Morris fired a pistol, the ball of which grazed the back part of GiffordYbead. Madison thenshouted, "We have begun and must o through. Rus!), boys, rush aft und we have them!" and calling to the slaves below, he said-- "come up every one of you. lf you don't lend a hand, L will kill you all and throw you overboard." Gifford now ran to the cabin and aroused the Captain and oihers who were aslecp, and the passengers, viz:- Theophilus Mc Cargo, Jacob Millcr, John R. Hewell, (he second mate, Lucius Stevens tlie Steward, William Devereux, a free colored man, and the siave Lewis, belonging to Mr. T. McCargo, acting as assistant sieward. - The slaves rushed aft and surrounded the cabin. Merritt hearing the report of the pistol, blew out his lighland caine frotn the hold. In doing thts he was caught by one of the negroes, who cried out, "Kill hun, he is one of them;" and the other slaves innnediutely rushed upon him. Oue of them altempted to strike Merritt wilh a spike, but missed him and knocked down the negro who was holding Merriit. Merritt ihen escaped lo the cabin. Hewell, at this momeut, jumped out of his berlh, in his drawers, seized a muskei, ran to the companion way of the cabin, nnd after sorne strugglingfired. The nègróes instantly wrenched the muskt from Hcwell'd hands. Hewell then seized a handspike and defended himself from the sluves who pursued him. They thought he had another rnusket ahd reireated a little. - He advancedand they feil upon him wiih clubs, hand-spikes and knives. He was knocked down and stabbed in not less than twenty places, but tío ruse, gol away from them and staggered back lo the cabin, exclaiming: ui am dead, - üie negroes have killed me!" It is believed that no more than four or five of the negroes had knives. Bon Blttcksmith had the bowie knife he wrested from the captain and stabbed Höwell witti it. Madison had a jack knife which appeared to have been taken from Hewell. - Morris had a sheath knife which he had tnken from the forecastle and which belong ed to Henry Speek. Gifford afier arousing the persons in the cabin, ran on deck and up the ma in rigging to the main-top. Merriit tried to get through thesky-ligbi ofthecabin,but could not without being diseovered. The negroes crowded around the sky-light out side and around the door of the cabin. - Merritt then hid himself in one of the berihs and three of the female house servants covered him wiih blankets and sat on the edge of the berth crying and praying. - Theophilis M'Cargodressed himself on the the alarm being given. Hewell, afier bcing wounded staggered into said McCargu's state room, where he feil and expired in about half an hour. His body was thrown overboard by order of Madison, Ben Blacksmi'h, and El-jah Morris. Mc Cargo got his two pistols oi.tand fired one oí them at the negroes, then in the cabin; the other missed fire, and McCargo hav ing no ammunilion, put his pistols awayAfter the affray, the sheaih kuife of Hen ry Speek was fouud in the possession of Elijah Morris, and that of Foxwell in the possession of another negro, bolh covered with blood to the handles. Jacob Miller, William Devereux and the slave Lewis, on the alarm being given concealed themselves in one of ths stuie rooms. Elijah Morris called all who were concealed in the cabin to comeforward or they should have instant death. Miller came out first and said: - "Hore I am do what you please." Devereux and Lewis next came out and begged for their lives. Madison etood at the door and ordered them to be sent to the hold. Stevens got up on the alarm being given and ran out; Saw Hewell in the affray, and waited in the cabin till Hewell died, and then secre ted himself in one of the State rooms, and when they commenced ihe search for Mer rilt, made hÏ3 escape through the cabin. They forced the musket they had reload ed, struck at him with knives aad hand spikes, and chased him into the rigging. He escaped to the foreyard. On the alaim being given, the captain rau to the forecastle, called all hands to get up and fighi. Henry Speek, one of the crew, was knocked down with a hand spike. The helmsman was a Fienchman. Elijah Morris and Pompey Garrison were going to kill him, when Madison told them they should not kill him, because he was a Frenchman and could not speak English; so they spared his life. Blair Curtiss, one of the crew, came aft into the cabin and concealed himself in the state room with Stevens, and escaped wiih him to the fore yard. The captain fought with his bowie knife along side of Hewell. The captain was engaged in the fight from eight to ten minutes, until the negroes got him down, in the starboard scuppers. He then made his escape to the maintop, being stabbed in several places and much bruised with blows from sticks of wood found about the brig. After the captain got into the maintop, he fainted from the loss of bloood, and Gifford fastened him to the rigging lo prevent him from faliing, as the vessel was then rolling heavily. Thecaptain's wife, her child and neice then came and begged for their lives, and Ben Blacksmith sent them to the hold. - Ben then called out for Merriit, and ex claimed, that all who had secreted him should be killed. The Iwo female servants ihen left the berlh where Merritt was concealed, and were sent iown lo the hold by Ben. Jim and Lew negroes belonging to Thomas McCaqgo, then ran to The ophilus McCargo, vho asked Jim if the others were goir,g to kill him. Jim andLewis exclaimed that 'masler HE shouldj ïot be killed,1 and clung arouud him, beg ;ing Morris and Ben , who were then close I vith iheir knives in their hands, not to kill lint. Thcy consented, and ordered him obe taken to thehold. Jim and Ben went voluntarily with Theophilus McCargo to he hold, [eCONCTLüDED IN OUR NEXT.]