Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-06-10
DEFENCE OF
COM. DAVID PORTER,

y
Having been displaced from my command, by
order of the Secretary OF the Navy 10 furnish such
explanations may be required OF every thing con-
nected with the cause, origin, progress, and temi-
nation, of my transactions" at Foxardo: must
refer 70 the letters of Lieut. Plat, Mr.. S. Cabot,
and Mr.. Bergees; for the origin; 10 my letter TO the
Governor Of Foxardo, and my official report to the
Secretary OF the Navy for the progress and termi-
nationi and TO the following explanation for the
cause.
rest my justification on the Laws Of Nations
and OF Nature, highly approved presidents. and
the orders oil the Secretary OF the Navy.
l shall show, in the order / have placed them,
how far am justified on each of those grounds, and
trust that shall not only fully acquit myself OF
any charge of wickedness, wantonness, rashness,
or indiscreiion, but prove that should have failed
in my duty TO my country, had not punished, by
intimidation or otherwise, the people and govern
ment of Foxardo.
II IL not, nor il be, denied, that pirates are
considered by the Laws of Nations the enemies OF
the human race; ana this being the case, it is the
duty OF all Nations TO put them down. In the case
Of pirates, then, there neutras; it being the
duty Of all Nations 10 put them down, all Nations
are allies against them. In the OF belligerents,
where the army OF one party enters the territory OF
neutral power, the army of the other mas right
TO follow 1t there; and the right is strengthened if
the pursuing army follow its enemy into the terrific
ry of an ally. This is the doctrine contained la
my instructions.
Spain, and the dependencies OF Spain, are as
much bound any others in the alliance for the
suppression of piracy, and if she fails in her obsa-
ton, she is responsible for the omission, and must
necessarily suffer the inconvenience resulting from
the endeavors OF others to put down the system,
among which are the destruction of fishermen :
houses and boats on the coasts of the islands fire.
quented by pirates, the of suspicious yes
sells and persons. and the alarm and damage done in
fresh pursuit
OF these she has no right TO complain, if she
makes no effort of her own TO put down piracy, and
heretofore never has complained, wen when cor
siderable efforts of her have been made II,
then, as the ally of Spain, we have night 10 land
on her shores; and having right to land there,
have right also to all her " coUntenance and sup
port" what follows if the right is denied 10 u.s. If
so FAR from giving US couatenance and support,
piracy is aided and abetted an asylum is offered to
pirates, and those who land in pursuit seized and
imprisoned does not the nation, city, town peo-
pie, who thus make common cause with pirates,
lose all respec for their character? forfeit all
the respect OF others abandon the advantage OF the
common alliance? and become, not only the allies
OF pirates, but our open and active enemies, and
justify US in treating them as such? AS enemies,
then, we have the certain and undoubted right 10
principle is the same, whether they the inhabi-
| tants of fishing hut, OF town, city, province
| or nation, The magnitude of the object makes nc
change in the principle; and what j. iustiable in
one case, is jusable in the other: territorial I'M
munity is as much invaded and violated by the burn
| ing OF hut. as by desolatng province. The
punishment In either case must, of course, depend
! on Circumstances, and the means OF him who has
it in charge 10 suppress piracy.
HE people and authorities OF EOyaYdO. by the
imprisonment Of an American officer in pursuit OF
pirates, lost all respect for their character, by
becoming, not only the allies of pirates, but our
open enemies, and of course. were not only not en-
titled to any respect from me, but laid themselves
liable 10 chastisement, in the event OF my means
ustifying the enterprise, which the first law OF
ture, selfpreservation, loudly called on me to un-
dertake, for fear their example should become con-
tagious. and much, Inconvenience and bloodshed
should be the consequence.
The officers under my command have often been
employed on duty similar to that Of Lieut.. Plat,
by my order the orders given by me to then, have
in every instance, been in strict conformity with
those of the Secretary of the Navy; and they have
the right to my protection in their execution,
as conceive have 20 that of the Secretary OF the
Navy. Without the assurance OF this right,
where is the officer, let me ask, who would be
willing TO execute the orders of his superior?
Acting on this principle, which is in accordance
with common sense and justice. undertook the
enterprise 20 chastise and nimidate the authorities
of town, who had forfeited their character as al
lies to US, by becoming the allies OF pirates and our
open enemies; as much 10 prevent repetition Of
the offence they had committed, as 10 assure those
under my command that they should receive every
countenance, support, and protection from me, in
the performance OF their lawful duties, md by hat
means encourage them to make laudihle efforts to
effect the objects for which the expedition to sup
press piracy was fitted out. The manner OF ms
per ormng this duty, / trust, needs no epology; il
was done IN way best calculated to prevent an
efusion of BLOOD and to secure the innocent nha-
bants from injury: the object was effected in a
manner not only TO satisfy the officers and men I'M
der my command. that redress under such injuries
was certain, but the people Of Foxardo Also and
others similarly situated, that numbers and distance
were no security for them
The spiking Of their guns was a matter Of neces-
sity. Had not done so, there can be no doubt that
I some OF US would have shared the fate of Lieut.
Cooke, who was killed from the batteries Of ST.
| Johns the capital of the same island in which
Foxardo is situated, at a time when the character oil
the expedition and its object were both known to
its Chief, for which outrage redress has yet been
obtained, and which the strength OF the place, and
the weakness Of the force under my command, pre-
vented my seeking, foreibly, at the time it was
| committed.
II is almost useless to quote from writers on in
ternaiional law to support the principles have
| stated 70 have guided me IN my conduct in relation
the affair at Foxardo; but, having said that have
acted in conformity to The laws Of nations It may
be expected that should, by good authority, sup
port my assertion.
Vauel is an author frequently quoted, and his
authority may be deemed sufficient guide for one
who has all his life been engaged in Other pursuits
than the study Of international law, aud has been
more frequently placed in emergencies, when be
has been under the necessity OF Sesorting 10 the
IF NUN r,5,d tb,r the orroY-