Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-08-11

My JUSTIFICATION requires no order either COM
manding authorising it. The incidental power,
90 the fullest extent, was inherent TO my command
My instructions of the Is, February, 1929, are to
be looked TO, not for evidence OF NY authority, but
Tor prohibition, express or implied, against the
exertion OF it. Here ne quoted the Instructions.
Now contend not only that there is the absence OF
any such prohibition; but that there is positive in
junction Oh ME proceed as did. II l had neg
ieced, should not only have basely bctray ed the
high and sovereign rights Of war, upon which the
glory and the safety OF the nation mainly depend
but should actually have violated my instructions
by course CT conduct directly opposite to that
which Is said 10 have constituted violation
OF the same instructions. Now LIST. in regard to
those parts OF my instructions which command
what Is to be done. Here he quoted at large.l
In interpreting these orders, shall lay down
certain general rules which prevail in the conslruc
tion OF all similar Instruments The court will
perceive that these instructions command duties TO
be performed. They require exerlion OF power,
aud lay down limits for its exeriion.
4. We must TO the reason or final cause
which was had in view by the expedition. VIVA,
was this fnal cause? The suppression of piracy,
aud the protection OF the commerce and the Gill
Zens OF the United States, collectively and indi-
N'ddally Whatever would conduce to this end,
was not ohly authorized but bound to do. Next,
inquire, was the great object of the expedition
10 be defeated by strict and overstraned con-
StEuCAOn. W ere nor my OGUerS To De explained
by precedent and contemporary practice! The
court will see, by reference the reports from my
squadron, accompanying the Presidents message OF
ii December, 1893 the arts OF the pirates in
son-their disgli fishermen, drogers, as
pedars. &c. Sc. TO detect these DISCUSSES, resort
inIsi be had TO thousand different ways. AT va
nous times officers and Parties OF men landed in
Suoa--they found persons under various disguises
they carried on hos;ilites against thein-they e.
ven burned Whole villages. A village was thus
destroyed to leeward of Baya Honda. Ii. Kear-
;,ey landed in Cayo Blanche destroyed the huts
lac found there, and burned the houses. Lieut..
oioat had also an action 1T place in Porto Rico,
caliei boca del lnterno-how these cases, (Which
all received the Implicit sanction OF the govern
inent) are 10 be distinguished from the landing at
foxardo, cannot perceive. ! landed there in
search oil piraes--upon information the most
credible, and which should have been criminal
II had dsregaEded. that such persons Were then
rere.
The Court cannot but have remarked the abundan.
evidence on which l drew the conclusion that
foSardo and its vicinity the haunt and refuge
OF Pirates. n party of these wretchcs had com
united depreciation the property OF an American
citizen al St. Tho,nas's An officer my squadron
who went 10 recover that property, and to detect
and punish the depredaors, insidiously enticed
"ii!la Their power, AM aierw ards seized and NAL
treated
g,
that this had been done with the knowledge and
appreciation o. the local government of Porto Rico
had established friendly correspondence with
the local governments both of Porto Rico und
Cuba, (as will appear by reference to the Presi-
dents Message to Congress and the report Of the
Secretary Oh the Navy and was aware that this
habit In The Pirates OF forming establishments on
land in the less Tequenled parts Of the Islands.
was well known 10 those governments; could
then conclude that what happened At Foxardo was
sanctioned by them! II there is any thing specifc
IN the charges at all, is, tina, did not paw pro-
per respect TO the local government Of Porto Ri
go. But with whom did | meet, when | entered
the Bay ofFoxsrdo9 With an underlined unknown.
nnarlnec, uncharactcTlsed mob--who, without wait
2ng Tor word even OF parley, commenced acts Of
hostility against me. They wholly the ag-
gressors--no INJURY, no act of hostility whatever,
iad been committed by my squadron, or by any
person on bo.rd OF a. when they commenced train
ing the guns upon ~ vessels. What conceiya-
bic reason had 10 thin. that these were the lawful
agents Of the local goy:rnment any more than
Lieut.. Carson, LII Aearney. or Lieut.. Sloat, had
20 suppose that those whom they found, and whose
Establishments they burnt to the ground were law
Eul agents OF goyernment9 I knew that the pirates
were always 10 be found Under the guse Of honest
ntn--and leave It TO The Court 10 say whether,
when approached foxar6o, place no, oIious
Throughout all the vicinity a. a principal haunt
Q! bandltti, when found motley collection ofill-
looking wIeiches armed, and, training their guns
upon me, engaged IN unprov oked hostility agansl
force Known 10 lie engaged in the suppression of
piracy, was bound 10 believe them 10 be acting
under The authority Of the local gov ernment of
Porto Nico. Surely was Justified in landing and
dispensing theIn-in3eed the only doubt which
crossed my mind was, whe her did enough in so
doins' only deprived them Of the power of do
Ing INJURY and shen, 20 prosecute farther inourv
marched a lew miles up into the country Here
Indeed, found certain officers of the place but
30 lar from claiming 70 be the local government
oi Porto Rico, or acting under its sanction, thoy
tAeused themselves for the abuse OF my officer by
alleging Ina they had acted under external COM
pu!Slon IN so dolng-and by limiting that there W as
something mysterious and undivulged in the ne
cess.iy which induced them 20 act contrary to their
d1ty. 30 Tar then as the evidence goes there an
pears 10 have been violation Of the authority
Of the government Of ,he Island; but it appears on
the contIaEy, that that government was in no wise
concerned! IA the affair. was warranted 10 believe
that those whom, found al Foxardo were acting.
agsns its authority MOI By its authority tina, that
authority was cxerted to suppress piracy, not 10
encourage and defend il; and therefore no matter
to what extreme had proceeded against those per-
sons, the circumstances such as 10 have iIsti-
fed me.
Bat let US look TO subsequent events for still
clearer illustration Has the act Of the local au-
thoriies atFoxardo ever been espeused and vindi-
Gated by the Government of Porto Rico? One
would Imagine that il those authorities had been war
Tanted in what they did by their superiors. the
acts OF the squadron would have brought down the
indignation both OF the people ais the government
OF the Island: but no such thing so far from IL
they are followed by the most lively and idin-
glished applause. When an officer of the squadron
soon afterwards visited some OF the neghbofing
towns OF Porto Rico, he and his party were receive
81 "a 81.