Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-11-25

was pratica attack on the Nancy Eleanor which t.
tack The caPtoT was informed. cath! proceeded from
The Nn!a Catalina. This fact if il stood alone nm
c"nira'ictei by circumstances within the reach of the
C'Por' might be considered as furnishing probable
ic'uSe-tut II was not uucontradicte t-For
ist IL was IN the power of the captor TO have ascer-
tanned on Tic spot that the vessel charged with the piracy
was not then pirstical vessel; she had large cargo
on board Ut very considerable value Ii is not usual
Tor vessels 10 a pratical cruze with ver,
Die cargo on hoard; admitting that the captor was ms
slaoie IN believing that during former voyage the
-'ihla ataiaua had committed patca act he was
not The less bound to examine into her real cha
lie time G. seizure: (see his psiructiors)
"a The captor rnsLi, also, by looLiu at tie raDcrs
rendered TO him ny the captain of the Niufs total,n.
nave distinctly "sceraincd that Sic duly registered
as trading ship aud had regular suto!o Tor freight
s' oi ali The goods On board aud documents indicating
their owners and destina ton.
3d. He might also have learned tat the voes.1 ot
MOI DC Pifaca'y employed, she bad engapeJ twelve.
passengers, and had board; these men ,vrra al
mitted 20 be passengers thev were Immediately o1er
reandod AT the liavana-eight OF them al least were
re1nded two chose 90 remain behind and to encounter
any danger rather than 10 abandon ther property
'ufeN heae men, thus admitted TO be passengers ought
l" nave protected the NiDfa Cataana from suspicion.
aud II the iact tia they were passengers was not hr;
cien as = believed TO be, they could have. given to
the c;;por alUrdant reason 10 believe FIAT ,lSe yc,s,
'Eas net p'rs' cal vessel.
stu L nan oy the name Of GorgolI beloro-in, 70 On.
IN" Ssta'ana' was ordered and con!uccd board
IRE cPaih' lie was the only person belonging 10 Tie
- MA aalana IN whose identity How eli would swear
Is forming vi the of the piratical ye.. R,t
a'icr being on board he was not interropate5 IF
nterrosatcd, lac would, besides Indicating sources
Oh decisive Iniornait.n easily accessible have said
AS he has since that How ell had addressed
INN on board the Nma Catalonia in po,t At DO
Havana and asked him whether he was not from
iiaubufgh Bat lie dismissed without interro
CATION. There other circumstances coirrino,
The attention Of the captor these Ill be called oui
III ''"G'ig Inc other lacIs, combining the Captor's
COUNSEL conendcd, TO prove probable cause.
g The second fact relied on in relation In tLi oit
Catalina sailed Cuha tl,eI o.1
quarters OF piracy and pirates The force of this CON
sderaon Is perhaps, more than countcrbalanced by
The ooVouS fact that tc pIratical vessels however mn
merons sailing om the port OF Havana could no, have
oeon equal TO one-tenh Of those honestly engaged in
trade. "
On this, well every other topic in tls mart of
tie case, mean To say, as was before intjmoted at
40 correct opinion could be formed by the cantor or
can De formed "F any person without taking view
ut all tie circumstances accessible to the caoor if Lo
LAD used at The time Of the capture, ordinary IclIi
Stice and industry and such bis instruction. distinct,
Is required
2. It stropuousIy commended that the a,ns On
board the N!nia Ca4lana indicated her protcni rb
racer and destination. Now il is certain that te car,
Tor could know nothing oi the armament of the shin
except that lie that she appeared to have ON dec
single long GnE 'idch II was fair 10 consider as
placed there for defence against Colombian priy,teers
as for the aHao!, of iefeuceess t.aders liz knew
tiag a51n Il. aud lac tiCER rothirp atout H. Tho do
position oi one II tie prize officers states that tc oh
Ject OF the Captain, in sending persons on board the
N''a tatal"na was merely Ia tain whether She
was t'e S'iip that had committed the
Nancy Eleanor Whether tAcEC an armed! crew on
board was nct subject OF enquiry; nor DOGS j; r,,
cSccpt from Hc deposition oi Mr.. White ts!.en H.
May last tN"l there were any board except
"a 'ew CItiasses nd good many Spanish nivcs. nat
gun, however, except the nine FOUNDER
II Is not lille singular, that limited we. the CO.
fuics o. TIC caTor, circumstance forced upon
ms observation sud ledge, which was of Itself s
icient 70 have convinced him that the NiBfa Catalan,
was not and, indeed, could not be then practically en-
poycd-See the deposition OF MIR. Whttlc-"The fir
nos and - 81, y
hcicn that the prize officers, after taking possession of
The Ninfa Catalina, had to send on board for one or
more new coils of rigging to navigate her TO the Int
cd States" Was this fact of itself sufficient A.,
warm the capior that this vessel could not possibly have
been rtandcd fer those rapid and perious NOV ements
Gu the deep "waJS necessary whether engaged III fight
UT III pursuit?
a. II was contcndej, that the number Of men on
board justified suspicion Of pIratical DIES naton
Leaving out tie persons admitted to be passengers OILS
taking the original Rol d'Equpsge, and en esliraiIe,
The rec necessary To- navigate schooner of ono hum
dred and ninety tons, the number Of the officers and
Seanen i5 reduced within such limits as Il, de
prve this argument of the influence which has been
claimed for it.-Agan, ii must tie Observed tiat on
this point does appear that the captor had obtained
or desired any information.
3. II was urged that the Nnfa Catalina came out OF
port Immediately a&er the Spark sailed with her con-
yoy-Althougb il was admitted that the course of tic
Nnfa Catalina, indicated by Yer papers, was the same
with that of tie convoy and that she might expect pro-
lection, If not from Colombian priYatcers nj least o,
date, IS represented an evidence Of ratical nen
ton TO take the earliest opportunity of making prize
from The
This argument IS believed 10 have been not only an
swered but 10 have been converted 10 the vindiconof
tie Nina Cat.iaua. The Nancy Eleanor was one ~
the convoy II The piraticai attempt alleged TO have
been made on her had actually proceeded from the
Nina Catalina it would have been not fov.
but madness in de Captain TO have presented
himself before his accnser, under the immediate
eye Of power, which il impossible for him TO re-
sst or to escape power expressly created for the pre-
venton and extrPaiiOn of piracy. The capior OUGHT
TO have been admouiohed By this very circumstances
that his uiorncis must have been aud at any rate might
have been mistaken.
6. II was fndlly urged that fight was an evidence Of
guilt; and that the Nina Catalina when hailed by tho
Spark, attempted to escape All the depositous except
the deposition Of Mr. White, are silent on this sinh
JeCt He SAYS that the Niuia Catalina when hqiJoJ
altered her course and GPPered to be endeayOrir TO
get back to Havana. The fact that the Ninla Csiala-
IA was near enough 70 be hailed BIZ ship Of war able
to sink her by single broad side is conclusive HAT she
uof hayo Aft oil 10.