Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-06-10

have before asserted that it could not be denied,
that pirates considered by tho laws OF nations
the enemies of the human race, aud that all man
kind were allies against them, and the assertion is
founded on the above authority, well on the
orders and Instructions under which have acted,
and which have also the laws OF nations for thcir
support.
1t appears, from the authority last quoted, that
| every pirate reduces himself to state of nature
and dehes all laws, and may be punished by any com
munity, IN the same manner any individual, re-
duced to state of nature, would have right to
punish iiim who invaded him or lis personal pro-
pety; or IN other words, TO punish piracy at dsce
ton without any regard to law. To show that this
ana inns alone, is the true meaning OF the author,
otter the following quotation from the Lex AIerca-
toria, 1874: " n piracy is attempted on the ocean
II 'he pirates are overcome, the takers may nme-
diately nict punishment BIZ hanging them up
az me man gard end, tho This Is understood
when no legal judgment may be Obtained; hence, if
SNIP on voyage TO any part of America, or the
plantations there, the discovery Of those ports,
attacked by pirate, but in the attempt the pirate
IS overcome, the pirates may be forihicnh ereru
tcd 'onhoHt any sO!emnity Of condemnation, by
the marine ldtc.''
Ihave now shown that the laws of nations and
OF nature justified my landing at Foxardo, to obtain
indemnity Tor the past and security for the future
nave SHOWN that the approved conduct of those
VINO committed acts of hostilities without any de
ciaation OF war on the part of the United States or
orders from the government, justified hostties on
my part, even if there had been no declaration OF
war, or orders to give sanction to my proceed
ihss' That war having been formally declared and
promulgated, and the laws making the accessory
| equally guilty and punishable with the principal
should have failed in my duty, having the means,
| IL mad not brought the authorities and people OF
oNardo TO punishment, as accessories TO the
pirates who had taken refuge and received protec-
ton there.
| nave also shown that pirates, ond of course
'he accessar!es OF pirates, defiance all law so
| are they not entitled 10 its benefits and 90 they
may be forthwith executed without anv solemnity of
condemnation, by the marine law; - and consequent
ly that should have been iustifabe in using the
severest measures that could been adop1 in punsh
ils the authorities and people OF FoXardo. But for
the severity OF the measures adopted by me |
refer to acts and shall say one word in defence
OF them.
might stop here with perfect confidence ofaL
acqUlttal from the charge of rashness and indscre
uon IN the violation of the territorial jurisdiction
ana rnmunites OF Spain, or of any disposition to
ohef 10 That government any indgnity or insult bl
as, without asking of Inc explanations and without
complaint from Spain, or from any other quarter i.
mas oeen thought proper TO anticipate even the reso-
iitioh and wishes of Mr.. Archer, (aready listin-
suShee ior ms active hostility towards me in the
uiai OF Lieut.. IAennon,) by ordering me from my
station, TO explain the transactions at Foxar5o
when 1t has pleased the Secretary of the Navvto
term " extraordinary and as am placed before
The world as condemned and degraded officer il is
Guty owe 10 myself, as well to the service to
winch belong, and 1t may be useful 10 Others to
know, that in all this's transaction was octino
IN as strict conformity with the letter and shirt o.
my instructions as the nature Of the case would adj
mt OF; that 1t provided for as near as could he
"uSaed by the government and that have in no
Instance departed from my Instructions so far as
could, by repeated perusa, understand them have
perceived no obscurty in them, and l complain OF
none oeilevel understand them, and the inten-
uons Oh those whe drew them APP, and withou,
national or natural law or precedent feel = con6
uehce That the responsibility of my conduct n,
roAarao' IL improper, rests upon those who issued
VIC oIoers' and not on me who executed them | do
not wish 1t understood, however, that dispute the
| P'oprley OF the ordcrs-to the contrary, | fully
concur IN the doctrine laid down in them Tho
are framed on the laws of nations were drawn mn
by one well versed in them, and were intended n
supply The want OF knowledge of international
law on my part. not only subscribed 10 that mar,
""iGh authorizes my landing aud pursuing pirates
on the territory OF foreign power and denounce,
NOSE nations so los, TO sense of respect for their
own character and interest," and tie respect OF
ohers, As 10 refuse to put down piracy much less
10 afford them an asylum and protection; hut sub
scFlped 10 the yet stronger measures which have
oeen recently recommended by the Execmiye-
nothing short OF authority TO land pursue and hold
"e authorities OF places answerable for the pirates
WHO issue from them and resort thereto mako
lhen answeraoe by reprisals or the property Of the
hhDi'ah'S' ana TO blockade the ports OF the islands
Nothing short OF these measures can put down the
| dESracetul system. / also coincide in oninior
WIN the President, that neither the government of
spain nor the government OF either of the islands
forto lElco and Cuba, can with propriety complajn
oi "reso' 10 either oil those measures, or all OF
them, should they be resorted to- as the limited
states interpose their aid for the Accomplishment of
an OBJECT which is Of equal importance TO Sroin
and her islands, as well as tous To the contrary
1t should be expected that they will faithfully co
operate IN such measures as maybe necessary for
lhe accomplishment of this very important object
| Whatever measures, however, NAV be resorted IN
by tile United States, the first thing necessar. to
secure success, Is to protect counteuance and
support the officer employed to execute them: and
| IN any measures which he may adopt rcopirine ON
ergy OF action, he ought not to be discouraged and
degraded by punishment before complaint or re-
moved from his commend without being allowed
the opportunity OF explaining his reasons for his
conduct. Without such assurances no officer IN
his senses would willingly undertake the delicate
duties which, have been performing: and if COM
PEELED, would, from his apprehensions of SHARING
my late, scarcely meet the expectations of the on
Yernment and people Of the United States The
encouraging circumstance of my removal for the
offence OF landing on Porto Rico, and Furnishing
the accessories OF pirates, the authorities of Fox
ardo, may have much more important effect in |
reaiding the suppression of piracy than is at pre-
sem aPprehended. So long the governors and
people OF the small towns of Porto Rico and Gu !
Da, arc satisfied that they may mprison with inn
punlty, and that punishment certainly follows any
attempt On our part 10 obtain redress and security
10 Our persons, so long The suppression Of piracy is
""P0'Se; ana ne WHO on those terms is willing to