United States' Frigate Constellation
Off Norfolk
May 20, 1813
Sir:
I have the honor to represent to your Excellency, that a part of the officers and crew of the late United States' brig Vixen, returning from Jamaica on parole as prisoners of war, were, on entering the Delaware, taken out of the flag of truce by Commodore Berresford, commanding on that station, and detained until a part of the crew of the Poictiers, then prisoners at Philadelphia, were demanded by him and sent down in exchange; that ultimately he detained on board the Poictiers John Stevens, carpenter, and Thomas King, seaman, late of the United States' brig Vixen, on plea of their being subjects of his Britannic Majesty.
This violation of the rights of prisoners on parole is so contrary to the usage of all civilized nations, that I trust your Excellency will give such instructions upon that head as will prevent a similar violation in future.
I have it in command, from my Government, to state to your Excellency that, in retaliation for so violent and unjust a procedure, on the part of Commodore Berresford, in detaining the above Mr. John Stevens and Thos. King, that four subjects of his Britannic Majesty will be immediately selected and held in durance, subject to the same treatment, in all respects, which may be shown towards the aforesaid two persons during their detention. I hope your Excellency will give this subject you earliest attention, and direct the release of Mr. Stevens and Thomas King, who have been so improperly detained on board the Poictiers.
I have the honor to be, very respectfully, your Excellency's most obedient servant,
Charles Stewart,
Commanding Officer of the United States' Naval forces at Norfolk
Courtesy of Library of Congress