The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1829-06-25


the case Of DAsIEL4T 4TvRsKr, Commander Of
tho U S. Sloop of War Erie, in behalf, as well
of the Uaited States, as OF himself d the OF.
fcors and Crew of the said Sloop of War Erie,
against the Schooner Federal, her tackle, ap-
parel, armament, and apportenances, was tri-
ed. The following is the opinion of tho Court,
Hon HEsRy M. .BKAcKEsRIDoE Judge, deliv-
ered in said case. -t- , -r-
OPINION. 5.t
The United States,
ps. In HdmEdHy.
The. Schooner Federal.
This is Libel against the Schooner
Federal under the 9TH Sec. of the Act Of
Ord March 1919, which subjects 10 forfeit
ure any vessel or boat, from which any pi-
raticai aggression, search, restraint, or de-
probation, or seizure, shall have been first
attempted or made.
No person appearing TO claim the Fed
eral, or to make defence against the libel,
although publication of the Monitor has
been regularly made in the Newspaper OF
this place; and, from the letter other Gap
tain exhibited 10 the Court, it also appear
ing that he was informed, of her situation
here the Court conceived it proper TO ap
point two gentlemen ofthe Bar, MraBALT
zELL and Mr.. GREATHoUsE, to defend the
interests Of the absont owners. The cir
cumstances iustmontioned might have been
considered by the Court an Abandonment
of the Vessel, by her Captain, and a con
fession of the allegations of the libel; but
.he great Importance of the case, rendered
il more advisable that every opportunity
should be afforded Of fair and full invesr
tgaton. Indeed the language used by
Captain Taylor, in his letter written on
board the Erie, soliciting permission from
Captain Turner to return TO st. Barth0lo
news, for the purpose Of procuring his pa
pers. in order 10 be able to defend himself
and vessel, contains passage, whichmight
be considered as an acknowledgement of
the Justice Of any sentence which night
be pronounced. 'Tf it should not appear
in the United States" says he, sit will be
The greatest evidence Of my having com
mitted myself--and the prize consequent.
ly good one"
In the trial Of this case grcat deal of
testimony has been adduced both on the
part Of the Captors, and in the defence, no,
strictly admissible, on legal principles.
Bot the court, after separating that which
is not entitled TO consideration from that
which is, still finds itself in possession Of
enough 10 enable it 10 arrive at satisfac
tory conclusion. The log book ofihe Fed
cral, the Treaty between Buenos hyres
and Brazil, the newspaper published at the
former place, and the letter Of Capt. Fny
lor, in the situation in which the case
at present stands, would, in the opinion
of the court, be sufficient 10 sustain its dc
cree If the acts Of the Federal can he
justified, it mus: be by shelving that she is
either public Ship belonging to the Gov
ein,nent of Buenos Ayrcs, or duly commits
stoned as letter of narque, and unless
she has been acknowledged and recogniz
ed, iI either character, the burthen of proof
musi lie upon her. TO make 'hc1TT bub'ir
ship, she must have been, what is not
pretended, exclusively owned, equipped,
and armed by the Government, and under
its exclusive orders and control. All the
evidence in this case, contradicts the idea.
Although it has been attemptedtobe shewn
that she maneuvered under Admiral
Brown, against the blockading squadron of
Brazil, vet il is evident, that her Com
mander was merely endeavoring to escape
through the hostile fleet, in order to pro
ceed to sea on his cruise. 1t was there
fore the duty of Capt. Taylor, to have pro
duced to this Court. his letter Of marque,
as his authority TO cruise against and cap
ture the vessels and goods of the Subjects
Of the Emperor of Brazil. Without this,
it is impossible for this Court to say tha,
his conduct was justi6ablo and not pirat'
ical.
But even if it had been made to appear
a. al, ~ Co,,t that tho Eaunrnl ,vas "A rv
commissioned letter Of marque, to cruise
against the commerce Of Brazil, sill the
enquiry is open To the Court whether the
conduct of her Commander has been such
rs To be warranted by that Commission.
If the Commission has been used as q mere
color for Pratical acts, il can afford no just.
i6cation. The commission, can. moreover,
only be regarded as in force during the
continuance of hostilities the moment hos
tilities cease, the delegated power OF the
Sovereign 10 make war, is tacitly with.
drawn. From the log book II appears, hat
Cant. Taylor was on shore at Buenos Ayros
on the 18th Of September last, that he came
on board on the fifteenth, and very soon at
ter, rot under weigh, for the purpose OF
proceeding on q cruise. The newspaper
published at Buenos Ayres. on tho M
teenth, states that the British Packet Swa
low had arrived the day. before with The
preiminaries Of Peace. signed at Rio ia
nelro. The newspaper speaks Of this G
vent as having been the subject OF public
rejoicing in the City. aud, from the man
ner in which il is announced. there Is little
room to doubt that the Peace was highly
acceptable TO tho Government, and would
be immediately ratified. II is impossible
for the Court to believe that Capt. Taylor
was unecquainted with these circumstances
and it is equally well satisfied. that II was
his duty to have refrained from any hostile
cnterprize, at such moment. No one who