Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-06-05
The United States,
as. Sn ADMIRALTY.
The Schooner Federal.

y
This is Libel against the Schooner Federal
under the ith Sec. oil the Act OF 3rd March 1919,
which subjects TO forfeiture any vessel or boat
from which any piratcal aggression, search, res
traint, or depreciation, or seizure, shall have been
first attempted OF made
No person appearing 20 claim the Federal, or 10
make defence against the libel, although puhca-
tiQn OF the Mention has been regularly made in
the Newspaper Of this place; aud, from tie letter
of her Captain exhibited 10 the Court If also am.
pearing tia, he was informed Of her situation here
the Court conceived il proper 90 appoint two gen
iienen Of the Bar Mr.. Baltzell and Mr. Great
house, 10 defend the interests OF the absent own
ers. The circumstance just mentioned might have
been considered by the Court an abandonment of
the Vessel, by her Captain, and confession of the
allegations Of the libel but the great importance
OF The ease, rendered ii more advisable that every
opportunity should be afforded OF a fair and full
investigation. Indeed the language used by Can.
tain Taylor, in his letter written on board the l.
rie, soliciting permission from Captain Turner 20
return 10 ST Bartholomew, for the purpose OF
procuring his papers, in order 10 be able 10 de-
fend himself and vessel, contains passage, which
might be considered as an aclInow ledginent of
Che justice Of any sentence which might be pro-
nounced. "if ! should not appear In the Uuted
Stacs" sayshe, lit will be the greatest evidence
OF my having committed myselt--and the prize
consequently GOOD one.'
In the ial Of this case great deal Of testimo.
ny has been adduced both OF the part Of the Can
tors, and in the defence, not strictly admissible on
legal principles. Bat the court, after separating
that which i not entitled to confederation from Thai
which is, still Ends itself in possession of enough
50 eNable it to arrive at satisfactory conclusion
The log book of the Federal, the Treaty between
Buenos Ayres and Brazil, the newspaper publish
ed at the former place, and the letter Of Captain
Taylor, in the situation in which the case at pre-
sent stands, would, in the opinion of the court be
sufficient to sustain IFS decree. If the acts OF the
Federal can be justified, it must be by showing
that she is either public Ship belonging to the
Government Of Buenos Ayres, or duly commission
ed as letter OF marque, and unless she has beer
acknowledged, and recognized, in either charac-
ter, the bufthGn Of proof must lie upon her To
make her public ship, she must have been, what
ID not pretended exclusively owned, equipped and
armed hy The Government, and under IFS eXclu-
sive orders and control. All the evidence i'm this
case, conlfadcs the idea. Although it has been
attempted TO be shewn, that she rnan1uvered I'M
der Admiral Brown, against the blockading SQUAD
Of Brazil, yet il is evident that her Commen-
der was merely endeaYoring TO escape, through
Che hostile fleet, in order TO proceed 10 sea on his
cruise. II was Therefore the duty of CAPTAIN Tay-
Tor 10 have produced to this Court, his letter of
'narque az his authority 70 cruise against and cap
ture the vessels end goods Of the subjects Of the
Emperor Of Brazil Without this, il is impossible
for HE Court % say Ooi bis conduct was iusfa-
ole and not piidfical.
Buteven il IL had been made to appear 10 the
Court, that the Federal was regularly commission
cd letter Of marque, 10 cruise against the com
merce Of Brazil, stu the enquiry is open 10 the
Court, whether The conduct Of her Commander
hos been such as to be warranted by that Com
mission. ~ the Commission has been used as a
mere color for pratcal acts, it can afford no jusi.
hcation The commission can, moreover, only
be regarded as in force during the continuance Of
hostiiites-the moment hostilities cease the del
egaied power Of the Sovereign TO make war is
tsciuy withdrawn. From the log book il appears.
that Capt Taylor was on shore at Buenos Ayres.
on the l4th Of September last that he came on
board on The fifteenth, and very soon AFTER got IN
der weigh, for the purpose OF proceeding on a
cruise. The newspapers publish ed AZ BuenosA yre..
on the fifteenth, states tha, the British Packet
swallow bad arrived the dag before with the pre-.
limnares Of Peace, signed al Rio Janeiro The
newspaper speaks OF Ills event as having been the
subject Of public rejoicing in the CITY, and, from
the manner in which IL ia announced. there ia M.
tie room 10 doubt that the Peace was higIdy accep.
table 10 the Government, and would he irnmedi-
ately ratified. its impossible FOR the Court 10 be.
Iieve that Capt. Taylor was unacquainled with
these circumstances and IL is equally well salts.
fed Nat u was his duty 10 have RETAINED from
my hostile enierprize. AZ such a moment No
.ue who reasons co rccuy can approve his con
s-lct, in Fastening % leave Buenos a yres at such
llnciure- when dag perhaps q few hours
might have troreht h.u official news of peace
Dis ttsienine from Bucnos Ayres under these
circum-fances. was in tbe opin'on Of the Court
cit7s DIE Q, ,vpT. ALL marked every srbseonant