Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-07-08
DOMESTIC.
COMMODORE poRrER

Sh@HehSes Gil lcism by publishing II. We do no
Know what the decision of the Court is. and W,
are not bound to know it before promulga,ion.-
CON- Porter anticipates its publication with for
knowledge OF what 1t is We have nothing 10 do
therefore, with that decision until all IFS grounds
are before the public But Com Porter,s docu
ment is offered as containing the points in full
MS defence. We have a right TO examine this de-
ience' as something independent, in its reasoning
/ and evidence, oil the decision of the Court we dc
not preudSe this affair then in discussing the points
ana conhhirg ourselves to the matter which Com
Porter himself offers in his elaborate paper in bi
/ justification.
This officer rests the defence of his conduct a,
Foxardo on three grounds
list, The Laws OF Nations-2dly Precedent. and
5diy, the orders OF the Secretary of the Navv.-
NOW the Commodore has expended great deal OF
law learning on this subject which has no relev an
cy at all To the question at issue between him and
his government. Neither the laws of nations or
precedent have any thing TO do with It, The third
ground OF defence is the only one that applies Dill
Commodore Porter follow his instructions. or din
he violate them? This is the true gist Of tie in
quly when he decides what is fit and proper 10
oeoohe, according to the laws of nations, he as
sumes the functions OF the Legislature; when he
Claims the support OF precedent for what he has
done, 1t can only be the presumption that he had
discretionary power to act according 10 the emer
gency, an the absence of orders when these
exist, the only poiat tor the determination OF >
court OF inquiry Is, have they been observed. or
nave they been ransaressed? All the Commodore'
reasoning and authorities, therefore, as to what tho
laws oil nations justify with regard 10 Pirates, mus,
be dismissed as totally inapplicable 1t may be
very sound argument in the Halls of Congress. a,
the presidents cited in relation to Gen Jackson,s
seizure OF st. Marks and Pensacola might stand in
iIeu oil prescribed rule OF conduct or the absence
oil instructions The only question then being this
mas commodore Porter followed his order, be is
10 De tried oy THIS test, and no other. Now he In
ss's that ne mas violated his orders either in thu
letter or spirit. Let us see. The FOLLOWING ex.
tracts embrace the mdteriiLparts OF these order, ~
Instructions that bear on the case
Inc OBJECT and Intention of one eovernnoent;
20 respect the feelings, as well as the RIGHTS nj
DINERS, 10th IN Substance and in form, in all the
res which may be adopted TO accomplish the
eho IN view. Should, therefore, the crews of an,
eessei' whlcn you nave seen engaged in acIs O.
piracy, or which you have Just cause to susn.c, Of
being OF that character retreat into the nor,r b.
oorS' or settled parts OF the islands, you may eater
III pursuit oil them, such ports harbors and ..,tIed
parts oil the country, for the purpose of idioo IN,
fOc9t auh0Tlttes or people, as the case may he IN
seize ana brng lie offenders TO Justice Dreuio,,sy,
StV"'S "otice that this Is your sole object Where
government ecsts, and IS Jeit you will. in oil
instances, respect The Locuk authorities and onlv
oeIns the exclusive purpose of the government of
'e u states TO suppress piracy, an object in which
All nations are equally Interested and in the ac
coinpllShment OF which, the Spanish authorities and
people VIII, 1t is presumed, cordially Cooperate
you, ~ IN The pursuit of pirates found at sea
lands or foreign territory yDsetted parts of the is
sue them, long only there is reasonable
OF being able to apprehend them, and in no case
are yoa at liberty to pursue and Gpprehend anu
one after haoing been forbidden so 10 do bv COM
Petent authority ofthe local government And
should you, on such pursuit, apprehend any pirates
upon land, you will deliver them over 10 the pro-
per authority, 10 be dealt with according 10 law and
you will furnish such evidence as shall be in your
power TO prove the offence alleged against them.
Should the local authorities refuse to receive and
prosecute such persons, apprehended, on your
furnishing them with reasonable evidence of their
guilt, you will then keep them safely and securely
on board some OF the vessels under YOUR command
and report without delay, to this Department, the
particular circumstances of such cases.
Now can any thing be more explicit, clear and
guarded than these instructions. Here so far from
giving the Commodore Discretionary power 10 Dur
sue pirates on land, he is expressly enoined 10
respect the rights of others, both " in substance
and IN form" TO enter the ports, harbors, and
settled parts OF the country, for the purpose of aid
ing the local authorities, TO seize and bring the Of
ieaders to justice, previously giving notice, that
this is his sole Object And the Secretary of the
Navy, TO show the importance he attaches TO the
observance OF this order, repeats the very form of
words, almost Immediately afterwards in which il
is first expressed" Where government exists
and is felt (says he) you will l all instances res
pect the local authorities, and only act ia aid Of
and cooperation with them
! Now did the Commodore give previous notice.
OF bis intention TO send his officer Lieut. Plat. in
pursuit oil Pirates, or property practically taken
Did he request the All and cooperation of the
| local authorities? lie did neither. On the contra
ry, he followed up the violation of his instructions
in sending the above officer tOithouf previous no
tice-without requesting aid and CO-operntion-
! by still more hagrant transgessIon oil his nstruc-
tons, for he afterwards invaded the territory and
punished the authorities he was expressly enioined
to cooperate Nth.
II is no argument to urge that it was futile TO
expect cooperation when he had proof OF collision
1t is the duty OF his government to act on this
state OF facts-the business of the Legislature 10
seek &" indemnity FOR the past and security for the
future" and not the Office Of those who execute
the laws In this case the Commodore acted a.
the law-msker, the Judge and the officer TO execute
But even his defence will not avail, and the cir
CUmstance5 under which Commodore Porter actel
although not expressly provided for in his insruc-
tons, are embraced in their spirit and tenor. TC
show how anxious the Department was to prevent
the use Of any discretion on the subject the Com
modore Is required to report the ." particular cir
cumstances OF such cases. when the local au
horlies refuse to receive and prosecute persons
apprehended (for Piracy) his furnishing reason
able evidence OF their guilt Here the exercise o
judicial power is expressly forbidden, yet Commo
dore Porter contends, in his Defence that lie wOul,
have been Justified in landing and chastisin,
eUe1l to hanging the authorities Of FOxardo -
There are some other aspects in which are de
siTous Of viewing this subject, but we have no
auace and mn.l r.LLrn N. N Ia r,,n-rn...-