Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-09-10

tue uou. NichdTu S,luQge OIL
the District Court OF the United States for
this district, will be read with great interest
ana satisfaction 10y every one who detests the
PRACTICES II condemns, aud Is DESTROYS that our
country shalt stand forth IN opposition to the
pi acttces and atrocities by which the ocean
has been ravased under the assumed f,ar of
the South American Patriots. Ii the vessels
themselves could be hrought under the tribu-
nal OF oar vigorous 81 vlrtuous Judiciary foreign
nations shall know, that Il will condemn all
Who, under amy pretence, violate the laws OF
nauons-fhey will acquit the American ciiarac-
ter OF every imputation of sane tioning 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 re-
cognised aud admitted in ali tue courts OF the
u. States. TIL.io,
Is. RANGuENoT, consul or a
his Catholic Majesty In the District
Ferdinand VII on be- Court of the u.
half OF Spanish owuers, Estates for the
The brigantne Fortuna, aud Of i'ennsylvania.
cargo.
DECREE:
The brigantne Fortuna, belonging 10 Spa
nish SUBJECTS III anity with the United States,
with Spanish cargo, on her Lawful, VOYAGE
from the Havana TO Cadi2, was captured on
the 10th DAY of April last of Cane ST Viuceuts
and forci5iy taken from the possession OF her
commander, captain Gaona, by an armed yes
sci SAID TO be privateer called the Julia de
forest, commanded by captain Wilson, a
ocoichman, ana sailing under real pre-
tended flag, called that ut the republic of Bue.
nos Ayres, one of the Spanish ,eVolted pro-
%inces OF South America. first and second
pri2einaster anu crew were put on board, aud
Tue spanish boafswain or cargomaster, and
the COOK, were suffered to remain on board
the brig. The Fortuna was ordered TO the ISL
aud OF Magaretta, and when arrived off the
coast OF that island, the second prizemaster or
mate, named Henry Davis, a citizen of the u.
States, with those called the prize crew. revolt
ted, and confined Edward Bmrk, the alledged
hrst prize master, also citizen of the Unii.d
States. The destination of the captured YES
sci VAS Changed, and after various Intellectual
attempts to reach some Of the Windward ISL
anus: she was navgated TO the coast of
North America, TO wit the United States. with
design TO tranship the cargo into vessel of
Tie United States, for the purpose Of SNUG
Cling the cargo into some port OF place of tue
United States. But owing 10 circumstances
detailed in the depostious taken. aud filed i'm
this cause, The Fortuna was brought into the
port OF Philadelphia, and !ibelled by the Spa
nish consul OH behalf of the Spanish owners
Ior restoration TO them; under the allegations
oi the capture being practically and unlawful.
~ made by unauthorized captOrs aud that The
capturing vessel, be the fact of legal autsor;-
~, otherwlse, what il may, was fitted and fur-
nished within The limits of the u. States. to
VII, at Baltimore, in the district of MARYLAND
Ii rs also propounded, that the aI,e-ed ,e
cond prIzemaster and the crew on board of
the Fortuna, after her capture, revolving as
uelore stated, are peculiarly TO he considered
aspHateS, ana amenable TO punishment AS such,
nHuer The law OF nations. agreeably to "A late
ACT OF the congress OF the United States.
III appears clearly 10 me, that the Julia de
Forest had arrived, armed and manned from
acrnise IN the port of Baltimore where she
discharged her men and Law for a cousitl, able
time. She there prepa red for another crnise
ana shipped under new articles "A SET of hands
10 the number of So or 90 aud some officers
among whom were Buck and Davis. Among
NOSE iiands or crew we've a considerable num-
pcf OF american citizens, and so far as il an
pears, rev or none OF the new crew we've a.
inons those who had arrived with the Jnlia de
forest at Baltimore. Whether she added or
moi TO her armament does not clearly appear
SUI It's III proof, that she there shipped men
VINO we've resident American citizens. and
loon IN waller and provisions for alive months
cruise.
independently of other allegations i'm the Ii
hel, consider this latter circumstance suffi-
Gent 10 authorize court of the u. States TO
declare the capture Illegal, as il regards the
laws OF the United States. Aud the Fortuna
having been brought wiiiJ. the jurisdiction of
luis court am warranted in restoring the
vessel aud cargo 10 the Spanish owners there
of.
The law Oh this snbjecI is now so clearly set
lied by 'he decisions of our conrts both oriyi-
MAJ aha supreme, that il is unnecessary to cite
mahy authorities or enter into minute discuss
sion on the legal branch OF The csses The
onthttlnG and furnishing III port of the Unit
sd States, render all acts of hostility and de-
probation, on the property of subjects of a
power IN amity, committed by an armed ves-
sci, thus fitted aud furnished, violations of the
neutrality of The United States, and unlawful
as 1t regards the laws of the United States and
the laws OF nations recognized therein.
ltls disgrace to the ChaIacter of Amsri-
eau citizens, thus To prostitute themselves in
nefarons acts Of robbery and puuder. under
me marks OF assisting the Spanish patriots of
nonth America, as those are termed wbese
cause many OF our deluded or vtiated citizens
anect 10 esponse when in fact they are pur-
SUNG selfish and sordid objects for their pri-
vate emolument Such base and hvpocriticaI
depravity. gives 10 those who envy orr nation-
at character and unexampled success i'm our
republican and highly esiimable form of row
ernment. the opportunity of uucandidly gene
raiizlng the toni propcnsites of cupahe ndi-
Vinhais, INTO stains on our national reputation:
although those who are guilty of such urwoT
thy and base crimes and misdemeanois, are as
III ciViiized uatIOns they should be. subjected
10 punishment by our laws, (Which If defective
III any case will 40 doubt he made more nor
iecf) and are held i'm merited detestation nv
fiIe great body of our citizens 1t is the tluty
OF those 10 whom the execution of our laws is
committed to correct these abuses, by punish
ing tbe perpetrators aud rendering their euor-
mites Improbable TO them, by restoring their
plumber TO those who have suffered by their
hePredations. SDch understandable misbel,a-
'"hr necones ulisatIable and boundieSs, aud
spreads Itself in its flagitiOus aud udiscrin,j-
male career. Into acts Of piracy, murder and
robbery committed on HE persons aud pro.
peIty OF our own citz' MS, as wen as of those
Of all countries who navigate the seas empba-
iicdlly styled the high road Of nations
HE bnenOs ANrcs flag, or even the flag or
commission Of a nation acknowledged by onr
government to be sovereign and independent
would not Justify, 20 our laws anyacts of cap
lure o. depreciation committed on flIP hi rh
seas bN an aimed vessel fitted aud furnished
~ any OF our ports either wholly or partially
on Ihf property Cr,petsoHS Of the subjects OF
| power in arniiy with us. such fitting and
| furnishing wOnld be breach Of ouriaws even
| II The whole Of the officers and crew were
| snweftsoi dioreIgn nation originally belonging
| TO and arriyiuU is, no tb,,g 4