Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-11-29
llErum the Nulio.k nernld.1

NoRFoLK, Nov. lS.-ACreeably to our pro-
mise we present the public with the opinion OF
Judge HAY, delivered in the case ofthe Ninfa Ca
taana---To some ii may appear that The decision
OF the Court in this case, while it procains the in
Rocence OF The Spanish vessel OF the charge of nj
Tacy, must, as necessary consequence reflect
censure on Captain WILKINSON for capturing and
sending her 10 the u. States. Such, we consider
by no means just conclusion; ard whoever will
take view o. all the circumstances of the case
mast allow that 1t less the duty of Captain
w. TO act as he did, that it was proper for the
Court 70 amerce him in damages for The capture
AID defentioh of the vessel.
Captain Wilkinson, il the u. S. brig Shark. was
at the Havana IN the performance OF his duty which
enJoInedit on him to give protection 10 American
commerce, aud pursue and capture pirates, who
Were al The tne s9varmiHg about the port of Cuba
aHddaily committing acts OF murder and robbery on
deienceless American vessels. Several cases, too,
had been reported about that time, OF Spanish ves-
seIsreguarly clearing at Havana, well armed and
manned, proiessedY for defence against Colombian
cruIzefs, but on falling in with our deenceess rner
chantmen they assumed The char .cter OF pirates
and boarded and plnndered them of Il. cir cargoes
With knowledge Of these facts, and anxious for
an opportunity chastise these mercilesg freeboot-
ers, captain Wilkinson was waited on bv the su-
percargo OF an American schooner, the Nancy Ell
leanor, oil Baltimore and informed by him that the
schooner t'inia Cstaana then lying in the port of
Havana, had committed robbery on his vessel
about three months before This information the
supercargo confirmed by the solemnity OF an OATH
Capt. w. might have referred this man to the pub
JIG authorities OF Cuba Tor redress or made the ap-
plieation himstlf; but it was well known thai the
arm Of justice had been paralyzed by the predomi-
nanl influence OF the pirate hordes and that the
Government, IN tact, dared not take any step cal
eulated 70 trerch upon their privileges or impede
@he proceedings--and consequently 10 have sought
fabr hot ot
to the supercargo to have done So would have been
worse Slan useless on tie part of Capt Wilkinson.
lie chose course more consistent with his duty
watched he accused vessel ill she sailed and was
ready OF the port 10 intercept her, On boarding
the Ninfa Catalina, although The suDercargo onIy
1den ihed one man whom he averred was cerned
10 The robbery OF his vessel that with other cir
cumslances, aDc his positive and solemn declara-
ton That she was the vessel that committed the rob
berry, left Capt Wilkinson no choice but to order
her 10 the United Sfaes for adjudication HaI
he, under sach circumstances have acted otheryv
what would have been the feelings of the nation TO-
wards him? Would not every voice in it have Ut
tered The mderes Teproaches against him fer 80 ma
nifest deri.ictIon Of duty? Would not his repy-
tauoa and The bouor Of his flag have been consider
ed as tarnisned' We put these questions with a
psiect confidence that they will be ans cred in the
Affirmative ~ every voice In the nation
pn tire Tial, however, a. clearly appeared that
the vessel, lie Nina Catalans did not commit. nor
could have committed, the offence charged against
her: but 'ila she had, on the contrary, never been
Otherwise than lawfully empio,ed: sin. This does
not prove that Capt. Wilkinson was IN the least To
blame, although he held responsible for The
losses snd damages suffered by the vessel in conse
qUence Of the capture; i only she,vs that i'm the
Performance Of bis public duty, he was wholly re-
CARELESS Of consequences 10 himself indiyidualIy
All the blame rests on the supercaIgo upon whose
information he acted and who, il he was robbed At
al, was most clearly proved 10 have been mistaken
enough be swore to the iscD IN charging The Mn
IA Catalina with the robbery
The damages suffered By the Ninfs Catalina, the
loss on the sale Of her cargo SC IN consequence Of
her capture and detention, are 10 be asceriained bv
Commissioners appointed by the Court. They will
probably be considerable bot we cannot. for mo-
ment, entertain the belief that the Government will
under all the Circumstances Of The case let the bur
then rest on Capt. Wilkinson. If such should be
TIE case, however, y would present this strange