Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-06-05

hostle act Win the faint oil Piracy IL DOES not
alter the case that i'm point OF fact the treaty was
not ratified until some days afterwards. He could
have known nothing OF this, and his hasty move
ment was undoubtedly made TO avoid the annun-
citation of peace.
Captain Taylor having sailed from the Seat of
Government 10 commence cruize against pow
I er, which he had every reason to believe, was
then actually at peace withr the power, under
whose flag he proessed to make war, was in We
ry different situation from one, who might happen
/ 10 be in some distant cruising ground, where the
Official news OF peace might be long i'm reaching
him. The stu6ious silence OF the Log Book
which does not even mention rumor of peace,
! although several vessels which had been spoken
and captured along the coast OF Brazil, South of
| lat. II deg. TO which her cruiZe appears to have
been confined, must have communicated the in
telligence, is itself circumstance calculated 10
excite suspicion OF the correct intentions of the
Captain This suspicion is heightened by his CON
duet in relation TO the Portuguese Smack Carload
which appears 10 have been captured South OF
Bahia on the 2lst of October, which, the Log
Book states, had prize master put on board. and
was despatched iUiM al speed, but does not saw 10
what place. The proper place, had the inten.
!ions OF the Captain been honest and fair, would
have been to some part oil the Government Of Bue-
nos Ayres, where the vessel and cargo would be
regularly adudcated. Instead of this, she was
despatched in the opposite direction, TO the West
Indies, TO neutral Islands, where according TO the
Laws OF Nations, the utmost she had right 10
expect or ask, was a temporary asylum. The
Smack, il appears, from the evidence, reached ST.
Martins, and was, purposeiy and fraudently, run
on shore and her cargo disposed Of, in violation oil
the Laws of Nations
| Little as these things are susceptible of extenu-
alton or explanation, the conduct of Capt. Taylor
! towards the American brig Nymph, is OF cha
racter which calls for the severest reprobation IL
appears, by the acknowledgment OF Capt. Taylor,
mat ne is an American citizen, at least Native
oil the United States, and even if engaged in the
| lawful service OF Foreign Government, he ought
not to have lost sight of the favorite maritime
principle of his own country, when, in his hostile
cruise, he happened 10 fall in with the flag OF the
country OF which he was a citizen-Mdt free
ships make free goods: Aprinciple, which our
Government has, so laudably, endeavered to in
troduce into our treaties with the new Govern
ments oil America and TO establish as the inter-
national law OF the American Seas-I principle,
whose violation, if not by the letter is at least by
the spirit, OF the 9Th Sec. OF the Act OF Congress
oil 1870, considered as amounting 10 piracy, i'm a
citizen Of the United States in respect 10 his fell
Iow-cIiIzens. From the Log Book il appears that
goods TO large amount, from seveRty-fve TO one
hundred boxes or bales, were taken out Of the
Nymph and carried on board the Federal, g the
mate and second mate" II is stated, " having de-
eared that the Portuguese papers were destroy
ed, alter they were boarded by the Federal, as
likewise That the cargo was all Brazilian proper
ty.' Can any one suppose that two Of the Off
GERS OF the Nymph, would voluntarily make such
a denunciation OF the property in their charged
Anc II we suppose little pratical coercion TO
have been applied to produce this effect, can we
not as easily suppose that the whole was but a
pretext fabricated for the occasion: The only in
teiligent witness who deposed on the side of the
defence, stated that one Santos, a Portuguese,
whose character does not appear 10 be the most
uneXceptonabe, signed deposition drawn up bv
some one on board the Federal, under an oath
Tor augAt we know, administered by the Boat
swain, declaring the property TO be Brazilian.
But admitting tina; in imitation Of the great Ma
rhine States OF Europe, Captain Taylor had been
instructed by the Government of Bueuos Avres TO
disregard tAe principle that Stree ships make free
goods lac could not without the mos, papabe and
plTatieal disregard OF the right oil neuiras, dispose
oil or appropriate the property taken without af-
iording an opportunity OF judicial claim and inves.
Ggation. Instead OF this, the goods were taken 10
! the West Indies, and there forever placed beyond
! the reach OF the owners. Even if the property
had been Brazilian, the owners would have been
clearly entitled TO restitution The treaty of peace
was ratified the 4th of October, the goods were
taken in 5. Lat. IL or Is deg on the 2slh of that
| Month, and consequently several DAYS after the
expiration OF the time allowed for the continuance
OF hostilites at that distance. In the opinion of the
Court the manner in which Capt. Taylor left Bue-
nos Ayres, as well his subsequent conduct,
shews that his intentions were, from the first, of
that practical and depredaung character, which no
N"'ii'I'iSSAOHs HohCfSE REGULAR COuld Justify or
excuse.
With the question of alleged violation of neu.
tralty OF St BarthOIemews, this court will not in
tertere-t is sufficient, that no other Court of the
United States was previously entitled to iurisdic-
lion the pratical acts charged against the Fe
deral. The conduct of Captain TURNER and his
officers il is hoped, however, will be sustained s.
testified by our Government. 1t was induced bv
strong appeal from our Consul at ST. Bartbole
news, who urged the Interference of Capt. Tur-
ner, for the protection of American property This
| Officer had been fully informed of the conduct of
Captain Taylor, in respect to his prize the Carl.
! dad-he had received assurances frsm the Consul
| that goods landed from the Nymph had been clan
destinely disposed Of at ST Barts, either by the
connivance OF the authorities by their perrnis-
sion. The disgracetul conduct of the Authorities
OF ~. buSatius& st. Bars., was notorious: this
had been shown to the world on the trial OF the Pr
rates, in the case OF the Carraboo at St GATHERINGS
/ IT'S not TO be wondered at, that Capt r. made his
application to the authorities of ST. Barts, with no
common feeling In his subsequent movement he
was actuated by noble zeal for the rights of his
countrymen and OF humanity-and the execution
oil that, which he conceived to be the only mode
OF putting an eectual stop TO those acts of pirarv
was conducted with as much skill and Judgment,
as its conception was bold and decisive. If the
violated sovereignty of this distant and corrupt de-
pcrdency Of Sweden. calls for some reparation
rom our Government it will be balanced by q
more serious account, for the shocking violations
hat have been contenanced by the local authori.
ties OF the rights of every European and American
Nation in Amily with her.
Then follows decree Of condemnation Of the
Federal, directing the Marshal to sell her at Pub
lie Nendne on the fifteenth day of jane next and
directing the distribution Of the proceeds in man.
ner pointed out by Act Of Congress. in cases
wherein the capturing boats are Of a force inferior
TO the Vessel captured
The foHoWing are copies, Of the letters Of can.
! LII. -. II