Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-01-10
SHIP MARIANA FLORA,

The examination of Captain de Urto and his
crew before the District Judge, Thursday and FRI
statute OF the United States charging those persons
with the crime OF robbery the high seas IN re,a-
ton to the schooner Alligator The Judge was SIT
''siied from the evidence, that the charge was un-
supported, sn,! that Captain dc Bros Conduct in the
encounter with the Alligator, was prompted Inv a
socitude To defend the valuable ship and cnr,o conn
nuted to his trust, under mistaken apprehension
Mat the Alligator was pratcal cruiser. Itwas not
necessary, that examination, 10 decide whether
The sending this ship TO the United States for aud-
cation, were lisiaic act and untlc, sta nd that
no opilon wa, expressed on that que son Under
proceedings admiralty, ifsuch should lie instituted
every circumstance of the transactions as the Judge
observed, aud IT'S true character and consequences
could be duly estimated and settled with "A far great
er latitude ms TO the means of inquiry, than the rules
OF law would admit under the criminal charge which
lie had then tn consider We are not informed yIc
,,.y Proce's has Dcch instituted IN reference to
'ie snip ana cargo Boston ID. .idr
The Portuguese Ship Mariana Florl.
PoRruGuEsE CoNsULArE,)
Boston, Dec. %, 1921.
Sr-ii was my determine ton not 10 have troubled
the public with any mcnt in relation TO the a.
bova named vessel and should have probably ather-
ca '" '',at ue'crm'noi, had the representations in
The newspapers been confined to the accounts fur
niSIed by tie American officers however snscepti-
bile those accounts might be of full and complete cx-
panMon. was perfectly willing To submit TO the o.
pn'on which the American public might form on
the ex parte statements before them being conscious
that their characteristic candour and int diligence
would mterpre, rightly the conduct OF the Portuguese
commander But feel that should greatly fail in
my duty towards the unfortunate foreigners who
have been brought TO country of whose laws and
whose language they are alike ignorant, aud into
winch they have been introduced in the odious cha
racer OF pirates, were 10 acquesce in a misrcpre
scntnton otfteir ot1n account Of the circumstances
which occasioned their beng brought to the United
States.
It is perhaps generally understood, that this
ship sailed from Brhia a lawful voyage to Lisbon
That she was fully laden with valuable carso-
taat her documents were perfectly clear, regular and
autheniic--ihat she was in the direct track OF her
voyage--and that no damage happened TO the Aliga-
tor in the skirmisb. All these facts we're fully adj
nued on the examination. No question agiticd
eXcrpf IN regard TO the character Of the rencontre
between her and the Alligator. II is almost super flu-
Gus 10 add thar after exceedingly patient nvesti-
gaion during which not one witness introduced
behalf OF the Portuguese crew, they were pronounce
cd free of all criminal mput,tion
shall not trouble you with any general statement
oil The testimony, nor with any statement of what !
consider 10 he the facts Of tho case, for is conccv
Ell that such STATEMENTS would TO say the least, he
hoecorous, during the pendency of judciAl proceed
ihSs winch, as irspects the vessel, yet undetcr-
mined As however, one of the newspapers has 81
ven a very erroneous abstract of the statement OF
the Portuguese commander, am constrained TO ask
OF you the Indulgence TO lay before The public an
accurate sketch OF the substance OF his account Of
The transaction, related by him. before the Hon.
Judge, who presided at the examination.
Capt De Britio stated that they discerned vessel
apparently under full sail 10 wards thcnl--se hoisled
ohcers said was her sgnal) Capt. De Brii,o ciew-
ED up his sails and hove to, in order that she might
come up, and he be able To avoid night contest On
his preceding voyage he encountered nj night an in
snrgent schooner, which had siewn American colors
and which with great difficulty he succeeded driv-
lnS off When the Alligator came within gun shot
he fired al her-she hoisted American colurs but
did not as is usual with the Portuguese fire "a gun by
way OF affirming ihemhe therefore, not kno Wing her
true character, but experimenting that she was one of
the cruisers which have so long deprecated upon
portuguese commerce, continued TO fire, until sIr
ranged alongside and discharged broadside, when
her oolors being thus affirmed, he hosted his Portu-
guesc ensign, and fired OF his stern olIasers Ia
aihrm II Uhe schooner being alongside, this shot Of
course could not have been directed nj her)he then
ceased firing, and 10y order of the schooner seat his
boat to her, where his boats crew we're detained as
prisoners, and the ship forthwith taken possess
son OF. lie did not hoist his national flag until the
american colors were affirmed, because thinking
lnHt the schooner was an insurgeBt privateer or
pratc he feared that she would make greater efforts
10 capture him--wbe he hoped that he should he
tble to frIglten her of by fling nj her III blue
rag was a wind-wane, commonly worn by Portuguese
Braziimen--it had been constantly worn from the
time he left Bahia--h not hosted all the way
up because ~ such situation it might have been
entanged with the truck, and would not accurately
have denoted TIE course OF the wind
am, very respectfully,
your most 0befnent servant.
PHILIP iiAPEYF