The Rhode Island American, And General Advertiser

NEW-YORK. September 3.

CASE OF PENNY.

It has been stated in the papers that a Mr. Joshua Penny had been captured on Long Island by a boat from Commodore Hardy's ship: and detained as a spy, or a prisoner of war. In consequence of this, Mr. Case, at the request of the inhabitants of East Hampton, sent a flag with a letter to the Commodore, demanding the release of Penny, "as a non-combatant, being attached to no vessel as a mariner or corps military whatever, but was taken by force from his bed in his own house unarmed," and that he could not be retained agreeably to the cartel agreed on and ratified by the two governments or the exchange of prisoners. In answer to this Commodore Hardy sent the following:—

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H. B. M. ship Ramillies, Gardner's Bay, 28th August.

SIR,

As it was late yesterday afternoon when I had the honour of receiving your letter of the 23d instant, requesting the relief of Joshua Penny, I did not judge it proper to detain Lieutenant Hedges for my reply.

I now beg leave to inform you, I have received certain information that this man conducted a detachment of boats, sent from the United States' squadron, under the command of Commodore Decatur, now lying in New-London, from that port to Gardner's Island, on the 26th of July last, for the express purpose of surprising and capturing the Captain of his Britannick Majesty's frigate Orpheus, and myself, and having failed in that undertaking, but making prisoners of some officers and men belonging to the Orpheus, he went with the remaining boats to Three Mile Harbour. The next account I had of him was his being employed in a boat contrived for the purpose, under the command of Thomas Welling prepared with a torpedo to destroy this ship, and that he was in Nipsons Beach, when this ship and he was wind in Fort Pond Bay, last He has also had a certificate given him on the 18th of this month, by some of the respectable inhabitants of East-Hampton, recommending him to Commodore Decatur, as a fit person to be employed on a particular service, by him—and that he has for some time been entered on the books of one of the frigates, at forty dollars per month + add to which, this notorious character has been recognized by some of the officers and men of this ship, as having been on board here—two or three times, with clams and fruit; of course, as a spy, to collect information of our movements.

Having been made so well acquainted with the conduct of this man for the last six weeks, and the purpose for which he has been so actively employed in hostilities against his Britannick Majesty, I cannot avoid expressing my surprise that the inhabitants of East-Hampton should have attempted to enforce on you a statement so contrary to fact. I, therefore, cannot think of permitting such an avowed enemy to be out of my power, when I know so much of him as I do. He will, therefore, be detained as a prisoner of war, until the pleasure of the Commander in Chief is known.

Robert Gray, an inoffensive old man, who was taken with Penny, I have landed, as it does not appear that he is one of his accomplices in the transactions I have alluded to.

I think proper to enclose a copy of my letter to justice Terry, to warn the inhabitants of the coast against permitting the torpedo to remain any where near them.

I have the honour to be, Sir, your most obedient humble servant,

THOMAS M. HARDY,

Capt. of H. B. M. Ship Ramillies.

Major Benj. CASE, Commanding the troops in the U. S. service at Sag-Harbour.

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H. B. M Ship Ramillies, off New London, August 23.

SIR,

Having received positive information that a whale-boat, the property of Thomas Welling and others, prepared with a torpedo, for the avowed purpose of destroying this ship, a mode of warfare practised by individuals from mercenary motives: and more novel than honourable, is kept in your neighbourhood, and as from the very good information I obtain from various sources, there is no doubt these persons will soon be in my power, I beg you to warn the inhabitants of the town along the coast of Long Island, that wherever I hear this boat or any other of her description has been allowed to remain after this day, I will order every house near the shore to be destroyed.

I have the honour to be, Sir, your obedient Servant,

(Signed) THOMAS M. HARDY, Captain.

To TERRY, Esq. Justice of the Peace, Southold, Long-Island.