Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-04-26
LAW INTELLIGENCE.

lpe TRIAL OF captain FRANCIS Bunch on n
charge oi piracy, came ON in the circuit court
OF the United States for this district on Mon.
day last before MIR. Justice Washington and
Judge Peters, and was terminated on We'd
nesday morning.
1t may be recollectcd that some fine in
May last, French armed vessel arrived in
'his port from Martinique, bringing over as
prisoners captain Burch and Il number OF
se'men, who were sent here by the French
authorities OF that island, charged with pira-
cy. All the seamen, between 20 and so, were
discharged from custody few DAYS after on
hearing before Judge Washington, it be-
ing proved that they were MT concerned in
the cruIZr, but were shipped afterwards
Inc leading circumstances of the case
appeared To be as follows: The vessel OF
which captain Burch was first lieutenant
was called FL Valenie Gnai.uru, after the
valiant Guacuuus, "a tribe Of Indians in South
America, and was commanded by CaptaiR
Henry Lovely. She was fitted out at Bue-,
nos Ayres, and sailed from tbence in August
io2o, on a cruise against the Portuguese, ,ln-.
der the naG of Artiyas. She captured several
portuguese vessels, and took goods ont of
o'her Portuguese resscls, and inay put into
81. bartholomews, where she ralitted for her
! return: but shortly after leaving that Island.
the French authorities dispatched the f,gats.
LAiilcaIne ia pursuit of vessels bearing the
Arlsas flag, captured The Vaiientr. condemn
ed hcr aud sent her crew home to the dif-
iercnt nations To whom they belonged. Some
were nau"es "i South America ohrrs Eng
l.shincn and Americans II appeared that tie
immediate cause of this proceeding was, that
| conflict had taken place. in the West Indies
shortly before, between French government
brig and anoihcr AriiSas vessel, in which fhc
former sustained some loss, and ia particular
tie wi!r OF the commander of the Freoch
government brig was unfortunately killed
III was gwen IN cyidence TO the it,rv that
ne vessel had commission from Arlipas.
then chIetof the Banda Oriental, one of The
provinces of the late viceroyalty of Bneno;
Ayres. The main points c0nteBlied for by
me counsel ofihc prisoner were, that Artigas
'iau power to grant commission, being the
actual chief ofan Independent province at war
WIN The Portuguese, who had uniustiy in.
vaded his country; that on the dissolution of
ne former government, each province had ii
flsht 10 exercise the powers of Il state, either
~ union, or by separate government, ifthey
chose; and whether or not they had the right.
sui a state of war existed as well with the
| Portuguese, as occasionally with Bugnos
| Ayrcs, ~ which the Banda Oriental was a
party bellIScrent, and that the existence of
! lnese wars was recognized in the cOmnun-
cations TO and from the executive department
of the United States and its agents in those
countries that though the power of Artieas
was eventually swept away by the coalition Of
the government of Buenos Ayrcs with the
Portuguese, by which they transferred the
territory ofihe Banda Oriental to the Portu
Suese, yet when the Valiente sailed, he was
The acknowledged chief, competent to carry
on war or make peace, possessing an army
| 81, T. 1T
AS well as making commercial treaties with
a British admiral that if the commission
be strictly considered, though not legal, still the
crew acted with good faith they thought
tney mad good commission, and sailed with
The object, not of indiscriminate plumber MS
pirates, but as belllgerents, exercising the
rights oil war against the Portuguese, attack
ing only their vessels, and suffering others ia
pass unmolested; that the AItigas flag was
well known in those seas for several wears
and recognised as lawful by the authorities
10 every place. as much so as those of Buepos
Ayres or Venezuela and those who made
war under 1t had right to suppose that they
were justified in so doing.
1T was coutended by the district attorney
OF the United States, that the flag or authori-
y Oh hrt'gas had never been recognised by
'he executive or any other department Of tie
government tndt he was mere prctender
to the name of sovereignty, and any body
that could muster a small force TO make =
civil disturbance might as well assume the
power OF government and issue commits
sions that If the commission was good. VET
i was not legally pursued, If the object were
icIonlous, and that fthey conducted themsel.
YES with view to gain illicit plumber, of which.
their conduct in the cruze furnished some
evidence, ;he crew q tho Valeutc, Of whoos