Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-09-13
atrocities by which The ocean has Spanish of South ~

Deen FaVaSeo under the assumed H.g the
South American Patriots. If the vessels,
captured under this guise, are the piratical
vessels themselves, could be brought un
der the tribunal Of our vigorous and virtu-
Gus Judiciary, and foreign nations Shah
know, that it will condemn all who under
any pretence violate the laws OF nations,
they will acquit the American character of
every impuiation of sanctioning the acts of
the desperadoes that have sailed from the
ports OF this nation.
The principles upon which this decision
Is founded, are those which will no doubt,
be recognised and admitted in all the
courts OF the U. States. Dem. Press.
b. RENGUENEr, Consul of bis Catholic Ma
jesty Ferdinand VII, on behalf of Spa.
niSh owners. Us.
The brigantine Fortuna. and Cargo.
In the District Court of the u. States, for
the Eastern District of Pennsylvania.
DECREE.
The brigantine Fortuna, belonging TO
Spanish subjects in amIty with the United
States, with Spanish cargo, on her law
full voyage from Havana to Cadiz, was cap.
tured on the 10th day OF April last of
Cape ST. Vincents, and forcibly taken from
the possession OF her commander Captain
Gaona, by an armed vessel, said to be a
privateer called the Julia de Forest, COM
handed by Captain Wilson, Scotch
man, and sailing under real or pretended
flag, called that of the republic of Buenos
Ayres, one of the Spanish revoted pro.
vinces of South America. A first and Sc
cond prize master and crew were put on
board, and the Spanish boatswain or car
90 master, and the cook were suffered 10
remain on board the brig. The Fortuna
was ordered for the Island of Margaretts,
and when arrived off the coast of that Is
land, the second prize-master or mate,
named Henry Davis, citizen of the U.
States, with those called the prize crew,
reyolted, and confined EdmundBurk tue
alleged first priZe-master, also a citizen OF
the U. States. The destination of the cap.
tured vessel was changed, and after var.
Gus Intellectual attempts TO reach some of
the Windward Islands, she was Ravigated
to the coast of North America, TO aoit, the
U. States, with design to tranship the car.
go into vessel of the u. States. for the
purpose OF smuggling the cargo into some
port or place in the U. States. But owing
10 circumstances detailed in the depos.
tons taken, and filed in tins cause, the
Fortuna was brought into the port Of Phi
ladelphia, and libelled by the Spanish con-
sui on behalf of the Spanish owners, for
restoration TO them under the allegations
of the capture being practically and unlaw-
fully made by Unauthorized cap:Grs and
that the capturing vessel, be Tue tact OF lie.
gal authority otherwise, what it may, was
fitted anu furnished within the limits OF the
U. STATES, 10 ont, at Baltimore, in the dis.
trict OF Maryland 1t is also propounded,
that the alleged second prize master and
the crew on board of the Fortuna. after
her capture, revolving, as before stated,
are peculiarly 10 be considered as pirates,
and amenable TO punishment as such, I'M
der the Law Of nations, agreeably to late
act of the congress OF the U. States.
1t appears clearly 10 me that the Julia
de Forest HAD arrived, armed and manned
from a cruise in the port OF Baltimore,
where she discharged her men and lay for
a considerable time. She there prepared
for another cruise, and shipped under new
articles, set OF hands, to the number OF
SO OF go and some officers, among whom
were Burk and Davis. Among those hands
or crew were considerable number of
American citizens, and so far as it appears
few or none OF the new crew were among
those who had arrived with the Julia de
Forest at Baltimore. Whether she added
or not 10 her armament, does not clearly
appear. But 1t is in proof, that she there
shipped men who were resident American
and took in water and provisions
lor FIVE months cruise.
independently of other allegations in the
libel, consider this latter circumstance
sufficient 20 authorize court OF he United
States to declare the capture illegal, as it
regards the laws OF the United States
And The Fortuna having been bro't within
the jurisdiction OF this court, AIN warrant
cd IN raSinrinn the vessel and arpo to the