American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1825-08-12


of all similar instruments. The court will perceive
that these instructions command duties TO be per
formed. They require an exertion OF power, ano
they lay down limits for lis exerton.
l. We must resort to the reason or final cause
which was had in view by the expedition. what
was this final causes The suppression Of piracy,
and the protection of the commerce and the citizens
of the United States, collectively and individually
Whatever would conduce to this end. was not only
authorized but bound to do. Next, inquire, was the
great object of the expedition TO be defeated by a
strict and oversraned construction Were not my
orders to be explained by precedent and contempt
rary practiccl The Court will see, by reference to
the reports from my squadron, accompanying the
Presidents Message of Cd December, 1928, the arts
of the pirates in evason-their DISCUSSES as fisher
men, as drogers, peders, &c. &C. 10 detect these
DISCUSSES resort must be had 10 thousand differ
ent ways. Al various times officers and parties oil
men landed in Cuba-they found persons under va
rious disguses-thry carried on hoslilies against
,hem-they even burned whole villages village
was thus destroyed to leeward Of Baya II nda. 1t.
Kearney landed in Cayo Blanche destroyed the huts
he found there, and burned the houses. Lieut.
Sloat had also an action a, place in Porto Rico,
called Boca del Inferno how these Cases, (Which all
received the implicit sanction OF the government
are to be distinguished from the landing at Foxardo
| cannot perceive. landed there in search of pi-
which should have been criminal, II had disle-
garded that such persons were then there.
The Court cannot but have remarked the abun
dant evidence On which drew the conclusion that
Foxardo and its vicinity was the haunt and refuge oil
pirates. A patty OF these wretches had committed
depredations on the property of an American citi-
zen at ST. Thomas's An officer OF my squadron,
who recover tina property, and TO detect and
punish the depredators, was insidousy eniced with
Jans lie OH nd ralt
ed.
Could suppose, was it my duty to presume,
that this had been done with the knowledge and ap-
probation OF the local government of Porto Rico?
had established a friendly correspondence with the
local governments both Of Porto Rico and Cuba, Gas
will appear by reference TO the Presidents Message
to Congress- and the report OF the Secretary Of the
Navy and was aware that this habit In the pirates
Of forming establishments on land in the less FIRE
quented parts of the islands, we'll known to those
governments could then conclude that what hap
pened at Foxardo was sanctioned by them! II there
is any thing specific in the charges at all il is, that
did not pay proper respect 10 the local govern.
ment Of Porto Rico But with whom did | meet
when entered the bay OF Foxardo! With an on.
defined, unknown, unarmed, uncharactersed mob
who, without waiting Tor word even OF parey, COM
mcnced acts Of hostility against me. They were
wholly the aggressors-no injury, no act OF hostility
whatever, had been.committed by my squadron, or
by any person on board Of it, when they commenced
training their guns upon my vessels. What
cevabe reason had l to think tina, these were the
lawful agents OF the local government any more than
Lieut. Carson, Lieut.. kearney, or Lieut. Sloat, had
to suppose that those whom they found, and whose
establishments they burnt to the ground, we're law
full agents OF government! | knew that The pirates
we're always to be found under the guise of honest
men-and | leave it to The court to say whether
when l approached Foxardo, place notorious
throughout all the vicinity principal haunt of
bandti, when found motley collection OF i'll look
ing wretches armed, and training their guns upon
me, engaged in upprovoked hostility against force
known TO be engaged in the suppression OF piracy.
was bound to believe them to be acting under the
authority of the local government of Porto Rico
Surely was justified in landing and dispensing them
indeed the only doubt which crossed my mind
was, whether did enough in so doing9 / only de-
prived them OF the power OF doing injury and then
| to prosecute farther inquiry, marched few miles
up into The country. Here, indeed. found certain
officers oil the place-but so far from claiming to be
the local government. Of Porto Rico acting under
its sanction, they excused themselves for the abuse
OF my officer by alleging that they had acted under
an external compulson in doing-and by hint
ing that there was something mysterious and und
yulged in the necessity which induced them to act
contrary to their duty So far then the evidence
goes, there appears to have been violation OF the
authority Of the government OF the island; but it
appears on the contrary, that that government was
IN wise concerned in th- affair. was warranted
10 believe, that those whom found at Foxarto were
acting against its authority not by its authority
that that authority was exerted TO suppress piracy
not to encourage and defend il and, therefore, no
matter to what extreme had proceeded agains, those
persons the circumstances were such as TO have
justified me.
| But let US look to subsequent events for still
clearer illustration. Has the act of the local auho-
rites at Foxardo ever been espoused and yindlcated
by the Government OF Porto Rico? One would
imagine that if those authorities had been warranted