Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-07-30

seD.. BEING crossed b,nined. said there were
orders 20 respect American property, and on
ly to take Spanish aud Portuguese.
John McFdddsR-vas LIST lieutenant on board
OF the Creola, when she was seized gave the
particulars OF that transaction on the 2tth of
March the mutiuy took place they seized all
the small arms threatened TO blow out the
brains OF the officer deck--McF. wa, below:
when he went Oh deck he found so men armed
tried TO pacify and quell them; they said they
were net going TO take our brig, but captain
Daniels; oHrs not sailing fast enough; lie
thought at one moment he should have quelI-
cd the mutiny, but Black told ihem, they
would be strung on the beach and hung like
dogs; they then sung out, " as We nave begun.
let us 20 through with IL = they took all the
arms from the Creola they said all might stay
who chose ; they wished none but volunteers;
only 4 or 5 remained behind capt. Daniels
other vessel tried TO pursue the Irresistible
neat morning, then i'm sight (abUut2 20 miles oiD
from the mast head
Being further INTERCEPTED, said the Creola
had a commission from BuenoS Ayres; she was
regularly commissioned the crew shipped AT
Baltimore; cruise was finished at Margaritta
They did not think themselves authorized to
take n vessel under the Ariigas flag on the
contrary, lie had known the two flags ciuize
together.... Mr.. Sdndrd-Q. Does not the
commission expressly restrict you from taking
South American Spanish propertyS a. Yes; IL
IL against the property of tue subjects OF the
king of Spain.
Henri Chiid-had been the first officer of the
lrresistable-was below when the Creola crew
came on board he attempted TO 20 up with
cutlass, but was taken and confined they told
him, az soon as things were arranged, they
would give him the boat, and let him 90 ashore.
Word was passed fore aud att for every one
who wished to leave the vessel to 90 in the
| boat: he aud 10 men left 1.-THE boat was in
| leaky condition-much baggage i'll il but had
| any more been wliliug tn 20 with him, the Bag
| gage would have been thrown overheard. They
| overlIspled his and Capt. Daniels trunks, for
the vessels commission but finding none,
| Ferguson said he could easily make papers tor
| himself. When the Irresistible first arrived
at Margarita, the captain had taken all the pa.
| pers ON shore, 10 deposit them at the govern
! mtut house.
| Captain Paul-was the commander of the
| Creoia--was asleep in the cabin, when the a.
| iarm was given was suffered 10 20 to The upper
! step ct the gamgway-was told they did not in.
tend to nlurs his vessel, hut to take possession
cfiheirreslstble-aiter leaving his vessel,h had
| fired al them then went on hoard Capt. DIS
OiLer vessel, hlch chased thew hours i'm vain.
! Capt. G. being asked the date OF his commits
sion said the original had been sent to Buenos
| Ayres bnt copy lie had of il bore date in
Sep, isis. 1t did not Justify him in taking any
| bu; Spanish property.
Capt. DdnieiS-was the commander of the
| DISQUALIFICATION the alarm was given, he was
| ordered by the Governor to pursue her hut
| TO no purpose; her boat returned ashore with
| 20 officers and men. The Irresistible had been
| engaged by the Governor TO sail TO Venezuela
| in two days.
The Evidence being gone through, The
| Court directed the Jury TO be kept TO-
| gether, and adjourned till next morning.
| On Tuesday morning the argument
commenced-an we are sorry we cannot
pursue il in detail. There we're both
eloquence and ingenuity displayed OF the
| Occasion.-Mr. Stauard addressed the
jury about an hour-On the part of the
prisoner. Mr.. WickIlam spoke about half
an hour, andMr. Stevenson about AN hour
MIR. Sianard closed OH the part of the
United States.
The counsel on the part Of the United
States laid down the law, and analysed the
evIdrnce-be called upon the jury, among
other things, 10 lend their aid in putting
down that system OF brigandage, which
was tarnsbingthe reputation of our coun-
Try, and demoraiZing our seamen He
cited the following passage from Bynker-
shock, TO Shew what was piracy as defin-
ed by the laws OF nations
We cal pirates and piIadsrers those, who,
| without the authorization of any sovereign,
commit depredatiOns by or land, &c. &C
The counsel on the other side, contend
ed that the words of the act of Congress
were too vague and loose, to authorize the
jury 10 dip their hands in the blood of a
fellow citizen : that piracy was general
term, not clearly nor sufficiently defined
III The lzw OF nations; that the great IA
theirs OF The church 10 whom you would
look for definition, gave no satisfaction
| upon II. What says, GrOiius? Not one
syllable. Puiiendorf? Profoundly silent.
What Barbeyrac? Domat? Rutherford
| Moatesquieu Woltius? VatteI2 Not
a solitary word, by way of definition: and
the reason was, that il had been left 10
the municipal laws of different countries
| IN IafI al no l.. -,
tons had not. We have only the detini
ton of one Dutchman, Bynkershoeck,
and even with that his commentator
Du Ponceau bad expressed his dissa-
tistactiOn.. And, yet the jury were
TO say upon their oaths that piracy had
been defined by The law of nations. Why
| did not Congress do their duty, in tie
exercise of their constitutional powers,
and make rule which might be under.
stood by The judiciary OF the country
II they had failed in doing their duty,
ii was their own look out (; but surely no
jury would take upon themselves TO say
bv their verdict the law had been defined
vixen il was not or upon such vague,
general expressions, take the life of
fellow ciiizen.-The counsel by way of
analogy attempted TO show that il Con-
gress had referred TO other cases as de-
| fined by the law of nations, as territorial
| jurisdiction, the right of search, &c. how
discordant The writer's, and how unsettled
the doctrines are upon these Subjects.
Men, too, highly distinguished in this
| country had differed upon the definition
of piracy. The gentleman (wbo presi
ded in that cour) had in another place
| lin Congress- in The case of Jonathan
Robbins, declared that not only an ac-
tual robbery, but cruizing on the high
seas, without commission, aud with an
intent TO rob, was piracy. Whereas, nov,
the u. States Attorney says actual robbie
nv is necessary to constitute the offence.
| Reference VAS also had TO fhe coustitu-