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have been very unequal, Captain Tracy, who intended to make a harbour that night, ordered the brig to be put about for the shore, not then suspecting the ship could come up with him; but he had not tacked ten minutes before the westerly wind died away, and the ship, taking a fresh southerly breeze, came fast in, endeavouring to cut the brig off from the shore. After some time, the ship thus getting in the wake of the brig, the wind again came fresh to the westward, upon which the brig hauled to the wind, in the best angle for the shore: the ship gave chase, and in an hour carne up within half a mile, and began to fire her bowchasers, which the brig only answered with a swivel, Captain Tracy reserving his whole fire, until the ship, keeping a constant fire, came up within pistol-shot upon his lee-quarter, when the brig gave her the best return they could make from their main and quarter-deck guns, swivels, and small arms, and after that kept up a constant fire. The ship was soon up alongside; and with twelve nine-pounders of a side, upon one deck, beside forecastle and quarter-deck guns, and with her marines overlooking the brig as high as her leading blocks, kept a continual fire. After some time the ship hauled her wind so close, (which obliged the brig to do the same,) that Captain Tracy was unable to fight his lee guns; upon this he backed under her stern; but the ship, which sailed much faster, and worked as quick, had the advantage, and brought her broadside again upon him, which he could not evade, and in this manner they lay not a hundred feet from each other, yawing to and fro, for an hour and twenty minutes, the privateer’s men valiantly maintaining their quarters against such a superior force. About this time the ship’s foremast guns beginning to slack fire, Captain Tracy slacked under her stern; and when clear of the smoke and fire, perceived his rigging to be most shockingly cut—yards flying about without braces, some of his principal sails shot to rags, and half of his men to appearance dying and wounded. Mr. Main, his First Lieutenant, was among the first wounded, and Mr. Davis, one of the prize-masters, fell in the last attack. In this situation they went to work to refit the rigging, and to carry the wounded below, the ship having then taken a broad sheer some way off, and none of her guns bearing; but before they could get their yards to rights, which they zealously tried for, in hopes still to get clear of the ship, as they were now nearer in shore, or to part from her under the night, she again came up and renewed the attack, which obliged Captain Tracy to have recourse to his guns again, though he still kept some hands aloft to his rigging; but before the brig had again fired two broadsides, Captain Tracy received a wound in his right thigh, and in a few minutes he could not stand; he laid himself over the arm-chest and barricado, determined to keep up the fire, but in a short time, from pain and loss of blood, he was unable to command, growing faint, and they helped him below; as soon as he came to, he found his firing had ceased and his people round him wounded, and not having a surgeon with them, in a most distressed situation, most of them groaning and some expiring. Struck severely with such a spectacle, Captain Tracy ordered his people to take him up in a chair upon the quarter-deck, and resolved again to attack the ship, which was all this time keeping up her fire; but after getting into the air, he was again so faint that he was for some time unable to speak, and finding no alternative but they must be taken or sunk, for the sake of the brave men that remained, he ordered them to strike to the ship, (the Milford, of twenty-eight guns, John Burr commander.)

Thus was this action maintained for upwards of two hours in a low single-decked vessel, with not half the metal the ship had, against an English frigate, whose Navy has been the dread of nations, and by a quarter the number of people in the one as the other; yet the victors exulted as though they had overcome a score as much superior as this was inferior to them. The brig had four men killed and thirteen wounded, including officers; the number in the Milford wounded is not known, though there were some. The deprivation of these brave officers and men is to be regretted by all friends to this country. With justice to Captain Burr, of the Milford, it must be acknowledged he treated with humanity and politeness the officers and men that were wounded; but to the eternal disgrace of Britain, and the present King and Parliament, let it be recorded, that in this very action above related, upwards of thirty Americans (prisoners in the Milford) were forced, at the forfeit of their lives, to fight against their countrymen; and the officers and men of the Yankee Hero, that were not wounded, are now detained in several of their ships, and may meet with the same cruel fate—an exaction that even savages have not been known to require. It is to the credit of the Hero’s men that not one would enter upon the ship’s books, though not only urged by every persuasion, but by threats.

Captain James Tracy, and Mr. Main, his First Lieutenant, we hear, are likely to do well of their wounds, though they mend but slowly; they and the other wounded men are at Halifax; twelve of the Hero’s men were kept on board the Milford; Mr. Robert Tracy, his Second Lieutenant, and the rest of the brig’s company, are on board the Renown, Commodore Banks.*


Address to the Convention of the Colony and Ancient Dominion of VIRGINIA, on the subject of Government in general, and recommending a particular form to their consideration: By a native of the Colony.

GENTLEMEN: When despotism had displayed her banners, and with unremitting ardour and fury scattered her engines of oppression through this wide extended continent, the virtuous opposition of the people to its progress relaxed the lone of Government in almost every Colony, and occasioned in many instances a total suspension of law. These inconveniences, however, were natural, and the more readily submitted to, as there was then reason to hope that justice would be done to our injured country, the same laws, executed under the same authority, soon regain their former use and lustre, and peace, raised on a permanent foundation, bless this our native land.

But since these hopes have hitherto proved delusive, and time, instead of bringing us relief, daily brings forth new proofs of British tyranny, and thereby separates us farther from that reconciliation we so ardently wished; does it not become the duty of your, and every other Convention, to assume the reins of Government, and no longer suffer the people to live without the benefit of law, and order the protection it affords? Anarchy and riot will follow a continuance of its suspension, and render the enjoyment of our liberties and future quiet at least very precarious.

Presuming that this object will, ere long, engage your

* HALIFAX, June 10, 1776.—On Sunday evening, arrived from off Boston harbour a Privateer brig, in the Rebel service, called the Yankee Hero, Captain Tracey; she was taken by the Milford frigate, of twenty eight guns, Captain Burr, after an obstinate engagement, in which the Captain of the Privateer received a ball through his thigh, soon after which they struck. She is a fine vessel, and mounts twelve carriage guns and six swivels; her colours were a pine tree on a white field.

The following is a copy of the Yankee Hero Privateer’s commission, by Alexander Brymer, Esq., agent for her condemnation, taken by his Majesty’s frigate Milford, Captain John Burr commander:

COLONY OF THE MASSACHUSETTS-BAY:

The major part of the Council of the MASSACHUSETTS-BAY, in NEW-ENGLAND, to JA. TRACEY, Gentleman, greeting:

Whereas James Tracey, Jonathan Jackson, Nathaniel Tracey, John Tracey, and Joseph Lee, Merchants, have, at their own expense, fixed out and equipped, for the defence of America, a vessel called the Yankee Hero, burthen about one hundred and twenty tons, and have recommended you as a suitable person to be commander thereof: We have thought fit to commission you for the purpose aforesaid, and do accordingly, by these presents, give you, the said James Tracey, full power, with such other persons as you shall engage to your assistance, to sail in the said vessel on the seas, attack, take, and bring into any port in this Colony all armed and other vessels which shall be found making unlawful invasions, attacks, or depredations, on the sea-coasts or navigation of any part of America, or improved in supplying the fleet and army, which have been or shall at any time be, employed against the United Colonies, or employed by the enemies of America in any respect whatsoever; and also all vessels whose masters or supercargoes shall have had designs of carrying supplies of any kind to the enemy, or that shall be returning from the enemy after having carried such supplies, that such proceedings may be had thereon as are required by a law of this Colony, entitled “An act for encouraging the fixing out of armed vessels to defend the sea-coast of America, and for erecting a Court to try and condemn all vessels that shall be found infesting the same.” And you are hereby directed in all your proceedings to govern yourself by the said act.

Given under our hands, and the seal of the said Colony, at Watertown, the 20th day of February, in the sixteenth year of the reign of his Majesty King George the Third.

By their Honours’ command:

PEREZ MORTON, Deputy Secretary.

Signed— B. Greenleaf, W. Spooner, Caleb Cushing, T. Cushing, John Whetcomb, Jedediah Forster, Eldad Taylor, B. Lincoln, Michael Farley, J. Palmer, Moses Gill, Jabez Fisher, B. White, S. Holton, and John Taylor.

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