Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-06-14

for Il defiaition in other authorities, among writers ON
international law, to which the act of March Sd, refers.
"Pirates," according to Spilman, "arc common sea TO.
vers, without any fixed place of residence, who acknow-
ledge no sovereign and no law, and support themselves
by piilage and depredations at sea-" The definition is
sufficiently clear and precise with regard to pirates who
rove the ocean, have no fixed residence, and who ac-
Knowledge no sovereign and no law, but it does not de-
scribe the pirates whom it was made my duty to seek
and encounter.
The following extract from the orders of the Secretary
of the Navy endeavours 10 describe the origin, nature,
and character of the system of piracy which | was sent to
suppress, differing essentially from Spilman's definition,
but still emitting to define rhat is piyacu.
"The system of piracy which has grown up in the
Vest Indies, has obviously arisen from the war between
SPAN and the new governments, her late provinces i'm
TINS hemisphere, and from the limited force in the Is
lands, aud their sparse population, many portions OF
each being entirely uninhabitcd and desolotc. to which
the active authority of the Government does not extend.
81 IS understood that establishments have been made bv
parties of these banditti in these unipl,abited ports 10
which they carry their plumber, and retreat in time OF
danger"
The stat. II and - w. ), c. 7, made perpetual by
stat. 3, Geo. &C. 10, cnacts that call persons ~ no set
forth any pirates, or be assisting to those COMMITTING nj.
racy, or that conceal such pirates, or receive ~ yrs.
seis or goods practically taken, shall be deemed accessa-
ry to tue piracy, and suffer as principals"
by stat. 9, Geo. LIST, ], C. -, made perpetual by Stat.
: geo. :, c. %, the trading with known pirates, or fur
nishlnG them with stores and ammunition, or titt;nr on,
amy vessel Tor that purpose, or in any wise consulting,
combining, collaborating, or CORRESPONDING w;th, tbo,,,
shall be deemed piracy"
These authorities are a sufficient definition M tho ~
tenn OF piracy, as 1t really exists on the coasts of Porto
iNco ana Tuba and very Justly and properly hold the
acccs:arIcs equally guilty with the principal. The au-
thoritlcs of FoXardo were accessories ONLY. 81 far = 2 we
know, but as such, the laws for the suppression of Mira
cy authorizes hostlities against them, and the auti.ori-
ucs quoted provide a punishment equal to tie one in
hictcd on the principal.
The crime of piracy or robbery am, lo,ro1,,i, o,
thc nigh seas is"according TO Jacob, San offence AGAINST
uo uu.c'Sai iaws oil society, ga pirate, therefore, being.
according to locke, hosh human gcscris, 9 lust. Il3.
AS therefore he has renounced the benefits of society and
government, and has reduced himself afresh 10 Tho "a
wage state OF nature, by declaring war against all man.
hi"u' III Wahhihd must declare war against him: so
u d every community has a right by the rule of sell de-
renee 10 ihiict that punishment upon him, which, every
Individual would, III a state of nature, have been other
WISE entitled 10 do for any invasion of Eis person or rcr-
soiial propcrty.n
pirates were considered BY the laws of nations fine N
mes oil the human race, and that all mankind were al
i's against them, and the assertion is founded ON the
above authority, as we'll as on the orders AMI ;ust,I,c-
t'ohs uhdcr winch l have acted, and which have also the
laws OF nations for their support.
1T appears, from the authority last ouoted ihot -
pirate reduces himself to a state of nature, and dcfes ali
laws, nnd may be punished by anv communitv in tLn
same manner as any Individual, reduced TO \ slatc NJ M
lure would have a right TO punish him who invaded
'n'' VI MS personal property; or in other words, to punish
piracy at discretion, without any regard 10 law. To
sho" uhat inns, and tins alone, is the true meaning of the
author, | offer the following quotation from Inc Lev
Hiecatet!a, 1874: "a piracy is attempted on the
ocean; II the pirates are overcome, tie takers NAV i'm
hlediateIy lnilIct a punishment 6u haa~iu" Hou, mn, al
me nam ydfd end, tho This is understood when no LEGAL
judgment may be obtained; hence, If a ship on = vov.re
TO any part OF America, or the plantations there. on the
discovery of those ports, is attacked by . pirate but in
ING attempt The pirate rs overcome, the pirates may be
Jo't'c'H executed phhout any soIemnity IF condemnation,
by the marine Eu,c.n
l have now shown that the laws of nations and of ma.
lure justified my landing at Foxarlo, to obtain indemp;iv
fortiie past and security for the future. Ihaye shown thai
the approved conduct of those who committed acts of
INSTITUTES Wlthout any declaration Of war on the part of
the United States, or orders from the government ;ust;i.
ca noStlitics on my part, even if there had been no dccIa-
ration OF war, or orders TO give a sanction to nv mo-
ceedings. That war having been formally declared and
promulgated, and the laws making the accessory eoual-
~ guilty and punishable with the prIncipaJ. shouii
nave Jailed In my duty, having the means. If hal moi
Drought The authorities and people Of Foxardo 10 puni,!i-
h'ei''' as accessories TO the pirates who had taken refuge
and received protection there.
l have also shown that as njr3tes and or cc,reo tho
accesSarIes OF pirates, set at defiance all law, so are they
not entitled TO It's benefits, and they may be forthwith ex-
ec0ted without any snicnnity Of condemnation, by the
marine law; and consequently that | should have been
lustI'iablc in using The scverest measures t,at couIi Lavn
oeci ADOPTED IN Furnishing the authorities and pco,ie OF
+ oXardo. But for the severity of the measures adont-
ca by me i refer TO facts, and shall not say one word in
defence of them.
might stop here wit. a perfect confidence of an ar.
4"il'ai IRON the charge of rasfucss and ildiscrction in
me VOCATION OF the territorial jurisdiction and immuni-
pam vi VI any disposition 10 Oncr 10 Chat gov
erHfnent any rndignity or insult; but as, without asiSinr
VI me explanation, and without complaint from Spain,
VI c. any o'her quarter, If h2s been thought proper
4, anticipate even the resolution and wishes of MIR. ar.
cner, ("iready distinguished for his active hostility to-
wards me IN The trial of Lieut.. kemon) by ordering me
from ry station, to e explain the transactions at Foxardo
"hlch A has pleased tie Secretary of lbe Navy to term
extraordinary" and as | am placed before the world as
a condemned and degraded officer, it is a duty
owe 10 myself, as well as TO the service to which,
l oeiopg' and 1t may be useful to others to know.
that In all this ''transaction" | was acting in as
strict conformity with the letter and spirit of INV
Instructions as tlAe nature of the case would admit
o. tnd' II was provided for as near as could be imagined
by te government, and that | have i'm no instance do
parted from my instructions, SO far as l could, by re-
Pealed Perusal, understand them. / have perceived no
QoScuTIty ID them, and ] complain of none. believe
understand them, and the intentions of those who
ure" them up; and without national or natural law or
precedent, | feel a confidence that the responsibility of
my conduct at Foxardo, if improper, rests upon those
VINO issued the orders, and not on me who execntod
mem. do not wish it understood, however. that die
pnte The ~proPriety of the orders-to the contrary. I CnlIy
concur IN Tie doctrine laid down i'm them. Thee arc
fTIFIE MIL t--- 49,