THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES 5 TO 111 I. WRITTKN EVIDENCE OF TIIK COURTS OF MNQL Public Doc u in' PACK* Extract from the President's Message, to both Houses of Congress, Decem- ber 3d, W22 ............................................................ 100 Rfport of the Secretary of the Navy, accompanying the President's Mes- sage, December 3d, 1K2J, ............................................... 13G Extract fiom the Journal of tbt House of Representatives, December 10th, 18->2, ............................................................... 100 I'.xti.i. t I. .. tii Journal of the Senate, December Uil;. ......... 101 An Act authorizing an additional Naval Force foe the Suppression of Piracy. Approved, December 20lh, 182-' ................................ 102 The Secretary of the Navy to the President of the tinted State*; Srp- teml 1 ........................................................ 103 The Secretary of the Navy to Commodore Rodgcrs; September 29th, 1823, 104 Tlit same to the same ; September .'9tli, \'\1'\ ............................. 105 Commodore Rodgers to the Secretary of the Navy ; November I6tli, 18-J Doctors rl .mgton, and Hoffman, to tbe Secretary of the N'aty, October -."Jill, IK-^i, ...................... ............................... 107 Commodore Rodgers to the Secretary of the ember 21th, ICilS, 110 Report of the Secretary of the Navy to the President of the Unite.! States, Decrmbri 1st, \. I?,. ...................................................... 112 Report of the Secretary of the Navy, accompany iu^ the President's Mcs- x sage, December 1st, 1824, ........................................... 116 XhVe Secretary of the Nary to the Chairni ' thV: House of Representatives; December -.'1, lu.', ..................... i:l The Secretary ot the Navy to the Chairman of the Committee Affairs of the Senate, dated 29th December, 1C24. (Extract) ....... Report ol the Committee on Foreign Relations, (of the Senate,) on so much of the President's Message as relates to Piracy ; January 10th, 1825,.. Report front the Navy Department, Januaiy Ut;,, i:.**5, ............ . ..... 126 vi age of the President of the United States to tbe Senate, transmitting information relative to piiatical depredations ; January Kith, U!2 , ..... I." Report of the Committee on Naval Affairs, of the House of Representa- tives, on a resolution of tbe House of Representatives, m 9th December, ";Hitracti''jj them to inquire into the expediency of providing an addition' iV INDEX. PAGE. al Naval force, and other means for the Suppression of Piracy. Janu- ary 25th, 1825, 128 Report of the Committee on Foreign Relations, of the House of Represen- tatives, on Piracy and outrages on American Commerce, by Spanish Privateers; January 31st, 1825,... * 130 Official Communications from the Department to Com- modore Porter. Navy Department to Commodore Porter; February 1, 182S, 164 Laws of the United States relative to the Slave Trade 166 Copy of general instructions for officers commanding Cruizing Vessels,.... 182 Navy Department to Commodore Porter ; Februaiy 4th, 1823, 185 Same to same ; April 5th, 1823, 135 Same to same; May 23d, 1823, 185 Same to same ; June 7th, 1823, . 186 Same to same; August 19th, 1823, 188 Same to same ; August 19th, 1823 188 Same to same , September 27th, 1823, 189 Same to same ; September 29th, 1823, 189 Same to same ; October 28th, 1823, 190 Same to same; December 22d, 1823, . 190 Same to same ; December 27th, 1823, 191 Same to same, (Extract,) December 31st, 1823, 192 Same to same ; December 31st, 1823 192 Same to same ; January i9th, 1824, 192 Same to same ; January 21st, 1824, 192 Same to same ; February 19th, 1824, 193 Same to same, (Extract,) May 17th, 1824, 193 Same to same; May 24th, 1824,,.. 193 Same to same ; May 31st, 1824,.. 194 Same to same ; June 19th, 1824, 194 Same to same ; June 29th, 1824, 195 Same to same; July 19th, 1824 1^5 Same to same ; July 20th, 1824, /195 Same to same ; July 28th, 1824,. ,' e jjg Same to same ; July 29th, 1824, / jgg Same to same ; (Extract) August 9th, 1824...... *'.... lg(J Same to same ; (Extract) October 14th, 1824, ( jg-y Same to same ; (Extract) October 15th, 1824........ 197 Same to same ; (Extract) October 21st, 1824, 197 Same to same ; December 27th, 1824, joy Same to same ; March 2d, 1825 jgg Same to same; March 16th, 1825, Same to same ; March 23d, 1825,.... ..'...i l9g INDEX. V FACE. Thomas Randall to the Secretary of the Navy ; March Krl, 1845, 199 Navy Department to Commodon? Porter ; March 24th, I;j2"i, 199 Same to same ; (Extract,) April 20th, 1825, 200 Official Communications from Commodore Porter to the Department. Commodore Porter to the Navy Commissioners ; December 21st, 1823...... 200 A Kciuiu oi t.ie vessels and Commanders of the Squadron under the com- m.tiiii of Commodore Porter, February 13tu, 1823, 200 Commo.lore Porter to the Navy Department ; February 13th, 1823, 201 Same to same; March -Kl, 182S, Same to same ; March 2:ith, 1823, Same to same; (Extract,) April 16th 1823 203 Same to same. April 24th, 1823, 206 S;ime to same; (T.xtract,) May 10th, i: :.'.! 206 Same to same; (Extract,) May llth, 1823, 207 ^ame to same , May 19th, 1823, 208 Sam to same; (Extract,) May - Same to same ; (Extract,) June 4th, l';.'s 209 Same to same; June 6th, 1823, Same to same; (.Extract,) June 24th, 1823, 209 Same to same; July 17th, 1923, Same to same; August 1, l:-:Ji, j]u Same to same ; August 1, 1523...... 211 Same to same; (Extract,) August 3lst, 1823 J] 1 Same to Acting Secretary of the Navy ; October 27th, 1823, 211 Same to Navy Department; November 19th, 1823, 213 Same to same; November 27 ih, 1823, 215 Same to same; November 29th, 1823, 216 Same to Navy Commissioners, January 14th, I'iJl, 217 Commodore Porter to the Navy Department; January 20th, 1824, 218 Same to same; April 8th, 1824, 218 Same to same; April 24th, 1824, -219 Same to same; May 3d, 1824, J19 Same to Navy Commissioners; May 4th, 1824, 219 Same to Navy Department; May 28th, 1824, 220 Same to same ; June 1st, 1824, 220 Same to same; June 25th, ll!24, Same to same; July 14th, 1824, 221 Same to same; August 9th, 1824, 221 Same to same; August 10th, 1824, 222 Same to same; October 13th, 1824, 224 Same to same; October 16th, 1824 225 Same to same; October 22d, 1824, 225 W INDEX. FAKE Commodore Porter to Navy Department; November 15th, 1824, 225 Same to same; March 8th, 1825, 226 General Orders and Instructions from Commodore Por- ter to the Squadron under his command. General Instructions ; February 26th, 1823, 227 Circular, October 29th, 1823, 233 General Order, November 3d, 1823, 234 General Order ; December 1st, 1823, 234 Circular to Commanders of vessels in the West Indies and Gulf of Mexico, December 30th, 1823, 234 General Order; April 12th, 1824 234 Circular to Commanders ; July 15th, 1824,.. 235 Circular; August 16th, 1824, 235 General Order, (Extracl,)November 8th, 1823, 235 Special Instructions to Different Officers, and their Reports. Commodore Porter to Captain Stephen Cassin ; April 5th, 1823, 236 Captain Stephen Cassin to Commodore Porter ; April 9th, 1823,... 236 Commodore Porter to Captain Stephen Cassin; April 10th, 1823, 237 Captain Stephen Cassin to Commodore Porter ; April 28th, 1823, 237 Commodore Porter to Captain Stephen Cassin; May 7th, 1823, 239 Same to same; May llth, 1823, 239 Same to s^me ; August 20th, 1823, 239 Same to same; September 12th, 1823,.... 240 Same to same; September 13th, 1823, 240 Same to same; January 2Sth, 1824, 240 Commodore Porter to Captain S. Smith; June 19th, 1823, 241 Commodore Porter to Captain Kennedy; December 15th, 1824 241 Same to same ; July 31st, 1823, 241 Commodore Porter to Captain A. J. Dallas; May 2d, 1824, 242 Captain Dallas to Commodore Porter; July 16th, 1824, 243 Commodore Porter to Captain Dallas; August 11, 1824, 244 Same to same; October 2d, 1824, .. 244 Commodore Porter to Captain Jesse Wilkinson ; April 12th, 1824, 244 Captain Wilkinson to Commodore Porter; April 24th, 1824, 245 Commodore Porter to Lieutenant Commandant L. Kearney; March llth, 1823, 245 Same to same; April llth, 1823, 245 Same to same, April 16th, 1823, , . 246 Same to same; May 19th, 1823, 247 Same to same; June 3d, 1823, 247 Lieutenant Kearney to Commodore Porter ; April llth, 1833,..,.. ........ 24 r 1NDRX. Vil FACE. Lieutenant Kearney to Commodore Porter: August I0th, 1823, ^*8 Commodore PorUr to Lieutenant Commandant John fiallagher ; July : !ohn Gallagher to Commodore Poftpr ; November 6th, 18J4 Commodore Porter to Lieutenant Commandant T. II. Stevens ; May Hth, 1823, 254 Same to same; June 18th, lt;.V>. Same to same ; December 27th, 1S2.; Sam. to aine; January 1st, 1824, 256 Same to time ; February 25th, IS-' 4, Srine to same; April 25u>, r:J4 Commodore Porter to LicuU-nant Commandant J. P. Ocllcrs ; February Hth, 1824 Commodore Porter to Lieutenant Commandant John D. Sloat ; January 21th, 1824, Same to fame ; May 20th, 1&24 J. O. Sloat to Commodore Porter : May 29th, 1821, 2S Commodore Porter to Lieutenant Commandant J. D. Sloat ; An. 1824 Same to same, August 16th. r Jl O 861 Same to same, November 15th, 1821, 262 Commodore Porter to Lieutenant Conamandant M. C. Pctry ; March 3J, 26t Same to same; March llih, 1823, Same to same; J ''?" 264 Sam* to saiix;; Jui;r 24th, < 264 Commodore Porter to Lieutenant Coinro i ucli 29th, KJJ:} . 6l Sam.' \vnil 16th, 1823 A Same to same; May I9th, 1 9 , ^. Seme to same; June ! Secretary of the Navy to Lieutenant C. W. Skinner; June 19ili, 1824>,.... 265 C. W. Skinner to Secretary of the 'uher 24th. Commodore Porter to Lieutenant Comma miant ( ,ber 22d, \Ll *. Same to same ; January 25th, 1>L i Same to same; January > 272 Same to same; July 25th, 1823, 272 Same to same; August 14th, 1823, 273 Secretary of the Navy to Lieutenant F. H. Gregory ; December 7th, 1822, 273 Commodore Porter to Lieutenant Commandant F. H. Gregory ; May 16th, 1823, 274 Same to same; June 13th, 1823, 274 F. H. Gregory to Commodore Porter, dated July 3d, 1823, 274 Commodore Porter to Lieutenant Commandant F. H. Gregory ; July 4th, 1823, 276 Same to same; September 16th, 1823, 276 Commodore Porter to Lieutenant Commandant Isaac McKeever ; January 28th, 182*, .' 277 Same to same; August llth, 1824, 277 Same to same; October 20th, 1824, 277 Same to same; January 5th, 1825, 277 Commodore Porter to Lieut. Com'dt Jno. P. Zantzinger, Jan. 13th, 1824, 278 Same to same, July 13th, 1824, 27* Same to same, January 14th, 1824, 278 Commodore Porter to Lieut. Com. E. R. Shubrick, August 10th, 1823,.... 279 Same to same, October 29th, 1823, 280 Commodore Porler to Lieut. Com'dt. T. H. Bell, August 11, 1824, 280 game to same,- August 12th, 1824, 280 Same to same, January 5th, 1P.:J5,-- 281 Commodore Porter to Lieut. ComMt. T. M. Newell, Dec. 21st, 1822, 281 Same to same, February 8th, 1823, 281 Same to same, April 10th, 1823 282 Same to same, June 12th, 1823, ..... 282 T. M. Newell to Commodore Porter, June 25th, 1823, 282 Commodore Porter to Lieut. Com'dt. T. M. Newell, July ]3th, 1823, 284 T. M. Newell to Commodore Porter, July 23d, 1823, 284 Commodore Porter to Lieut. Com'dt. T. M. Newell, July 24th, 1823, 284 Same to same., August 1st, 1823, 284 Commodore Porter to Lieut. Corn'dt. John T. Ritchie, July 19th, 1823,. .. 285 San.e to same, July 25th, 1823, 285 Same to same, August 8th, 1823, 2Ss Jno. T. Ritchie to Commodore Porter, August 29th, 1823, 285 Commodore Porier to Lieut. Com'dt. Jno. T. Ritchie, Sept. 16th, 1823,.. 286 Commodore Porter to Lieut. Com'dt. Jno. T.Ritchie, April 16th, 1824, 286 Same to same, April 12th, 1824, 286 INDEX. ix MAX. fommodore Porter to Lieut. Com'dt. John T. Ritchie, October 14tb, 182 1, 2S7 Commodore Porter to Lieut. Com'dt. Joseph Cross, October 2Tih, 1823,.... 287 C. Boarman to Commodore Porter, Dec. 5th, 182*, 288 Same to same, January 2lst, 1825, 289 Commodore Porter to Lieut. Corn'dt. C. Boarman, January 24lh, 1825,.... 289 Commodore Porter to Lieut Com'dt. R. Voorhces, April 25th, 1824, 290 Commodore Porter to Lieut. Com'dt. Jno. H. Lee, April 24th, 1024 290 Jno. II. Lee to Commodore Porter, May 12th, i::2l, 290 Commodore Porter to Lieut. Corr.'dt. J. M. Mclntosh, June 5th, 1: :; 292 J. M. Mclntosh to Commodore Porter, July Pth, 1824, . Same to same, (Extract) July 12th, 1824 294 Same to same, (Extract) August 8th, Ib24, 29* Commodore Porter to Lieut. Com'dt. J. M. Mclntosh, August 12th, 1324, 294 Same to same, August 1 8th, 1824, 29J Same to san.e, August 19th, 182-1, 296 J. M. Mclntosh to Commodore Porter, August 25th, i::24, 296 Commodore Porter to Lieut. Com'dt. F. G. \Volbert, July 3d, 1C23, 296 Commodore Porter to Lieut. Com'dt. C. T. Platt, August llth, 1824 297 Same to same, January 28th, 1325, 29? \ Commodore Porter to Lieut. Cora'dt. J. W. Sherburne, October 20th, 1824. 298 Commodore Porter to Lieut. Com'dt. B. L. Grimke, January 15th, 1825,.. 298 Same to same, Jun. iOt^, 182.'; 298 Commodore Potter to I. t-Jt. Com'dt. Mr. McKean, July l9tli, 1823, 298 A. B. P'nkham toCommo.iore Porter, August 4th, 1824, 299 Commodore Porter tc. Lieut. ComMt. A. B. Pinkham, August llth, Io24>... 300 Commodore Porter tn Lieut. Com'dt. R. M. Porter, July 14th, 1H2J, 300 Commodore Porter to Lieut. Com'dt. F. B. Gamble, Dec. 30th, 1823 300 Same to same, May 4tn, 1824, 301 Commodore Porter to Lieut. Com'dt. Wm. H. Watson, March llth, 1823, 301 Same to same, May 10th, 1^23, 301 \Vm.H.WatsontoCommodore Porter, July llth, 1823, 301 Commodore Porter to Lieut. Com'dt. Urn. H. Watson, July 13th, 1823,.. 303 Commodore Porter to Lieut. Com'dt. N. L. Montgomery, April 21 st, 1824, 3oS N. L. Montgomery to Commodore Porter, Commodore Porter to Lieut. Com'dt. J. Ray, April 12th, 1821, 303 Same to same, May 4th, 1824, 304 Commodore Porttr to Capt. Jno. Porter, March 4th, 1823 304 Same to same, March llth, 1823 804 Cmimodore Porter to the Commanding Officer at Thompson's Island, June 6th, 1824, 30* Commodore Porter to the Senior Officer at Thompson's Island, August 12th, 1824, 305 Commodore Porter to the Commanding Officer of the U. S. Schooner Por- poise, July Tth, 1824, 303 X INDEX. Official communications between Commodore Porter and the constituted authorities of the West India Islands. PAGE. Commodore Porter to the Governor of Porto Rico ; March 4th, 1823 306 Capt. Gen. of Porto Rico to Commodore Porter ; March 6, 1823.. 307 Same to same; March 6, 1823 308 Same to same; March 7, 1823 3 Commodore Porter to the governor of Porto Rico , March 8, 1823 3 Commodore Poner to Capt. Gen. of Porto Rico . March 11, 1823 3 Commodore Porter to Captain General of Cuba ; March 26, 1823 315 Captain Gen. of Cuba to Commodore Porter, March 29, 1823 316 Commodore Porter to Capt General of Cuba; April 20, 1823 317 Same to same, May 16,1823 3 17 Captain General of Cuba to Commodore Porter; May 10 1823. 318 Circular from Capt. Gen. of Cuba to the commandants at the several mil- itary stations in that Island ,, May 10, 1823 319 Captain Gen. of Cuba to Commodore Porter; June 30, 1823 319 Commodore Porter to Captain Gen. of Cuba ; July 13, 1823 320 Capt. Geu. of Cuba to ComnVre Porter; July 2*, 1823 320 Commodore Porter to the Alcalde of Faxardo; Nov. 12, 1824* 321 Commodore Porter to His Excellency Maj'r Gen'l Grant, Governor of the Bahama's, April 15.1824 322 Official communications to and from the British officers in the West Indies. Sir Thomas Cochrane to Commodore Porter, March 6, 1823..... 323 Sir Edward VV. C. R. Owen to Commodore Porter, March 22, 1823 32S Extract of a report made by Capt. Maclean, July 5, 1823 324 Sir Edward W. C. R. Owen to Commodore Porter, May 19, 1823 325 Same to same, July 28, 1823 326 Same to same, Sep. 23, 1823 327 Capt. Roberts to Commodore Porter, March 19, 1823 32S Capt. R. Mc'Lean to Commodore Porter, July 23, 1823 329 Commodore Poiter to Captain R. Mc'Lean, July 25, 1823 329 Captain R. Mc'Lean to Commodore Porter, Aug. 8, 1823 330 Same to same, Jan. 10, 1825 330 Miscellaneous correspondence on the general subject of piracy and convoy, &c. Tate and Grawning to Commodore Porter, May 19, 1823 33l William Taylor to Lieut. Comd't C. Boarman, Oct'r 10 1824 331 T. Reilly Vice Consul at Vera Cruz to Commodore Porter, Oct'r 4, 1823.. 332 Dan'lT. Patterson to Lieutenant F. H Gregory, April 15, 1823 332 Same to Com. Porter, Dec'r 27, 1823 333 Same to same, March 18, 1824 334 Dan'l T. Patterson to Com. Porter, Marcb31, 1824 335 Same to same, May 2o, 1824 335 Commodore Porter to Castillo, Black & Co. July 19, 1823 336 Comrm.dore Porter to George Knight, April 5, 1823 336 John Owen to Commodore Porter, April 16, 1824 336 Commodore Porter to John Warner, March 26, 1823 337 Commodore Porter to John Warner, Apiil 5, 1823 338 Same to same, April 10, 1823 339 Commodore Porter to John Mountain, June 7, 1823 339 American merchants at Matanzas to Commodore Porter, March 29, 1823.. 33,9 INDEX. XI PAGE. Commodore Porter to tiia American merchants at Matansa*, March 30th, 1823 3tt Amerir.il n merchants at Mat;in7.as to F. II. Gregory, Sep. 17 1823 342 N. Biddle to the Secietary of the Navy, Nov. J '. I8j .' 3 12 F. Adams to Commodore Porter, Auj't 13, 1824 SVi Same to same, Dec'r 1::, 1824 344 Coinmudore Porter to P. Adams, June 7, 1823 Same to same, Dec'r 15, 1824 R. M. <""vrut to Commodore Porter, Jan'y 2l>, 1S23 346 The V'i i MI merchants and Ship Masters in Trinidad de Cuba to Com- i. I'nrter. Jan'y 25, 183 3-iG Conrmiixlore P'Tt-r to the American merchants and Ship Masters in Tiin- irUddeCi. 6,18*8 317 Commodore Porter ti> V ,y, Dpf-r-niber 15th, KJ24, Commodore Porter to C Weinbrennei, January 15th, 18J5, r>W Miscellaneous Orders to, and Correspondence dijj'ncm Officers. Commo.lorc Porter to Captnin S. F.vans, May 4th, 1824, 348 Commodore Porter to Captain L. Warringtnn, January '28th. l!I2"' < r to Captain L. Warrin^ton, Januaiy 29111, IKJ5, 349 ' I'nrtcr to F. A. Thornton, Drromhcr 2'.st, 1 **.'.' Captain Win H. Finch to Commodore Porter, July 19th, |8.'-1, 350 ;o >.a.ii.', July XHh, i::JI, 350 Same to same, July iJOth, 1S-2*, 351 Same to same, August 9th, lt!24.. 353 im.iee to J. 1'. Zantzinger, Dei cmbtT 7ih, 1823, 35/> \\ilkinsontoJno T. Kitciiie, Februai\ John T. Newton to J. P. /antzinger, April 3(lth. K;24, 35U Lit'uten.int Thos. \V. Fn-eloas to Lieutenant F. H. Gregory, September 4Uj, 1823, 35G INDEX TO COURT MARTIAL. Minutes of the proceedings, 359 Xotfs of the principal heads of argument and authority, in support of the objections taken by the Counsel of Commodore Porter, to the second charge, and the specifications of the same, l]i, Answer of the Judge Advocate to the preceding objections, Commodore Potter's Defence,.... 447 Pn-cept, marked (A.) 515 (B.) Judge Advocate Challenged 515 (C.) Charges and Specifications exhibited against David I'oiter, Esq. a Captain in the Navy of the United States, 519 (D.) Secretary of the Navy to Capt. J. Barron, July 8th, 1825 (F.. , Original charges in the Secretaiy of the Navy's letter, dated 2'2 Navy to Hon. Wm. Wirt, July 18, 1825 531 (N.) Hon. Wm. Wirt toScc'y Navy, July 19, 1825 532 (0.} Withdrawal of objections to second charge and specifications; and stating the considerations by which he vtxs guided. 532 Xil INDEX. Sec'y Navy to Com. Barren, Aug't 11, 1825 (A) 534 Sec'y Navy to R. S Coxe, Esq. Aug't 12, 1825. (B.) 535 (No. 1.) Cabot, Bailey, & Co's. advertisement, .535 (No. 2.) VVm. Furniss to Lieut. C. T. Plait, February 1st, 1825 536 (No. 3.) LIPUU C. T. Platt to Commodore Porter, Feb. 10, 1825 536 (No. 4.) Secretary Navy to Commodore Porter, 1st February, 1823,.... 537 (No. 5.) Com. Porter to President of the United States, April 17, 1825, 540 (No. 5.) Com. Porter to Secretary Navy, July 6, 1825 641 (No. 6.) Same to same, January 30th, 1825, 542 (No. 6.) Lieut. C. T. Platt to Commodore Porter, Nov. llth, 1824,.... 6*3 (No. 7.) Com. Porter to Secretary Navy, March 16, 1825, 545 (No. 7.) Stephen Cabot to Com. Porter, Nov. 12th, 1824, 5*5 (N 7 o. 8.) Com. Porter to Secretary Navy, April 13th, 1825, 545 (No. 8.) Bergeest & Wnlhorn to Secretary Navy, Nov llth, 1824, 547 (No. 9.) Com. Porter to Secretary Navy, June 14, 1825, 54& (No. 10.) Same to same, May 2nd, 1825, 549 (No. ll.) The pamphlet referred to in the 2nd specification, 5<"7 (No. 12.) Com. Porter's protest to sending interrogatories to Mr. Monroe, 550 (No. 13.) Original record of the proceedings of the Court of Inquiry, 10 (No. 14.) Com. Porter to Peter Force, June 15th, 1825, 558 (No. 15.) Variances, &c 553 (No. 16.) A statement of certain tacts, agreed to by both sides, dispensing with the attendance of witnesses to establish them, ...., 555 (No. 17.) Secretary Navy to Messrs Gales & Seaton, April 15, 1825,.... 556 (No. 18.) Same to same, April 18th, 1825, 556 (No. 19.) Copies of letters from Gales & Seaton to the Secretary of the Navy, 556 (No. 20.) Correspondence between Sec'y of the Navy and Com. Porter,.. 557 (No. 21.) R. S. Coxe to Com. Porter, May 21, 1825 559 (No. 22.) R. S. Coxe's explanation of the letter of May 21, 1825, 559 (No. 22.) W. W. Seaton to R. S. Coxe, July 27, 1825, 569 (No. 23.) James Monroe to R. S. Coxe, July 25, 1825, 561 (No. 24.) Interrogatories propounded to the Hon. James Monroe, 561 (No. 25.) James Monroe's answers to the Interrogatories, 563 (No. 26.) Com. Porter to James Won roe, July 6, 1825, 567 (No. 27.) James Monroe to Com. Porter, March 12, 1825, 567 (No. 28.) Com. Porter to James Monroe, March 12, 1825, 568 (No. 29.) Sec'y Navy to Com. Poiter, Oct. 2lst, 1824 569 (No. 30.) Same so same, August l9tli, 1823 570 (No. 31.) Same to same, Sept. 29, 1823, '. 57 (No. 32. Extract of a letter from the Hon. Sec'y of the Navy, Sept. 30th 1823, 571 (No. 33.) I. Chauncey, for Secretary Navy, to Com. Porter, October 28th 1823, 571 (No. 34.) Extract ot" a Iftter, from Com. Porter to the Hon. Secretary Navy, dated Nov. 19th, 1823, 57g (No. 35.) Extract of a letter of Instructions from the Hon. Secretary Nary, December, 1823, 572 ^No. 36.) Secretary Navy to Com. Porter, May 17th, 1824, 672 (Xo. 37.) Com. Porter to Secretary Navy, May 28th, 1824, 57 (No. 38.) Secretary Navy to Com. Porter, May 3lst, 1824, 573 (IVo. 39.) Com. Porte) to Secretary Navy, June 25th, 1824, 574 (No. 40.) Chas. Hay, for Secretary Navy, to Com. Porter, June 29th, 1824, 574 (No. 41.) Com. Porter to Sec'y Navy, August llth 1824, 575 (No. 4-2.) Chas. Hay to Corn. Por'er, Sept. 11, ]82t r7S (No. 43.) Sec'y Navy to Com. Porter, October 14, 1824, 57g Com. Porter's Exposition of the Faxardo affnir. together with the proceed- ings of the Court of Inquiry thereon, 577 PROCEEDINGS. (Copy.) > \r CiiAr\( i;v, EsariRE, Captain in the Aury of the United States : It having been made to appear to the President of the United States, that on or about the fourteenth day of N ,,\ < inSer, in (be year of our Lord one thousand emht hundred ami twvi.u lour, Oivid Porter, Inquire, a Captain in the Navy of tin- United Slate-, then in command of the N.ival forces of the United States in the \Ve-t Indie* ami (iulf of Mexico, did, with a part of the military force under his command, forcibly land upon the l.-land of Porto . a part of tin- dominions of lii- (';ttholi.- .Majesty the K. Spain, then and siill at p.-ace and in amity with the Government of ne United States, and did then and there commit acts of hostility within the territories, and against the subjects, of the said King of Spain. The President of the United States has deemed an inquiry into the conduct of the said David Porter, on that occasion, as well as into the causes whirh led to the same, to be necessary and proper. \nd whereai certain representations have been made to the rnment of the United Stales, in n-mrd to the employment of tin- Naval for<-.- M!' the United State- in th<> \Ve-t Indie- of Mexico, seltinji forth, in substance, that, in the year one thou- sand ei^ht hundred and twenty-four, the said Naval forces were not employed in the .'ippre-sion of piracy in the most effective manner, but wen- employed in the transportation of specie, and in other objects of inferior moment, to the neglect of the public inter- im! the -aid David Porter, considering his conduct and char- acter as the Commander of said forces to be thereby implicated, hns requested of this Department that an inquiry be made into the truth of said representations. The President of the United States, in consideration of the pre- mises, has charged me to convene a Court of Inquiry for the purpose mining into the matters afore-, ml. You are therefore hereby ordered to proceed to the Navy Yard at the City of Washington, on or before the second day of May n^xt, to act as a member of said Court, and to officiate as the P. dent thereof. Orders are also transmitted to Captain Wm. M. Crane and Cap- tain George C. Read, to appear at the time and place aforesaid ; and li'miiard S. Coxe, Esquire, is also appointed Joil'ii Advocate, and will report himself to you in that capacity at the time and place aforesaid, o 10 And the said Court is hereby required to convene and organize at the said Navy Yard at Washington, on the said second day of May, and is authorized and directed to summon before it such persons as may be deemed necessary to give information touching the mat- ters aforesaid ; and is also empowered, authorized and directed, diligently and strictly to inquire into the said matters, to make a statement of the facts in relation to the same as they shall appear to the Court ; and particularly to examine into and report the causes which led to the conduct of the said David Porter at the island of Porto Rico, before mentioned ; and to ascertain and report whether the Naval force? of the United States were employed in the most effective manner in the suppression of piracy, or in objects of infe- rior moment, to the neglect of the public interests ; all which you will transmit to this Department, to be submitted to the President of the United States for his consideration. And for your so doing, this shall be to you and all concerned a sufficient warrant. Given under my hand, and the seal of the Navy Department of the United States, at the City of Washington, this nine- [L. s.] teenth of April, in the year of our Lord one thousand eight hundred and twenty-five, and of the Independence of the United States the forty-ninth. (Signed) SAMUEL L. SOUTHARD. (Copy.) Minutes of the proceedings of a Court of Inquiry, directed to in- vestigate the conduct of David Porler, Esquire, a Captain in the Navy of the United States, convened at the Navy Yard in the City of Washington, this second day of May, in the year one thousand eight hundred and twenty five, in obedience to the pre- cept of the Honourable the Secretary of the Navy, bearing date the nineteenth day of April, 1825, which is hereunto annexed, and marked (A.) Captain Isaac Chauncey, appointed in and by the said precept, as President of said Court, and Captains William M. Crane, and George C. Read, members thereof, and Richard S. Coxe, Judge Advocate, appeared. Captain David Porter also appeared, and being asked whether he had any objection to offer against either of the members ot the Court, replied that he had no specific objection to urge, but that be bad some remarks which he wished to submit to the considera- tion of the Court after it was organized, and previous to its pro- ceeding to make the investigation for which it was convened. Whereupon, the oath prescribed by law, in such case, was admi- nistered by the Judge Advocate to the President and members of the Court, and the President administered to the Judge Advocate the oath required by law to be taken by him. 11 Captain Porter then submitted and read to the Court a paper con- taining certain remarks upon the precept by the authority ot which the Court had been convened ; which was annexed to the record, and marked <\ The room being cleared, the Court proceeded maturely to deli- berate on the -ame ; after some time it was opened, and the Judge Advocate informed Captain Porter that he had been instructed to read to him a letter which had been addreed by the Judge Advo- cate, by the directions of the Court, to the Secretary of the Navv, by which he would be apprized of the course which the Court had taken with regard to the paper submitted by him. Which letter was read, annexed, and marked (C.) The Court then adjourned till to-morrow morning, at 1 1 o'clock. TUESDAY, MAY 3n. The Court met pursuant to the adjournment of yesterday : pre- sent as before. The Judge Advocate submitted and read to the Court a commu- nication from the Honourable the Secretary of the Navy, in answer to the letter yesterday addressed to him ; which was annexed to the !. and m, irked (D.) The Judge Advocate then submitted and read to the Court certi- fied copies from the Navy IK p. irtment of certain papers annexed to the record, and marked (No*. 1, 2, . I, 5, and G.) Charles T. l j latt, a Lieutenant in the Navy ot the United Slates, bcin^ duly sworn according to law, deposes and says, ,> Hn the 21th October la-t. a- I believe, about 7 o'clock in the morning, I received a communication from Messrs. Cabot, Baily and Co. commercial agents at St. Thomas, informing me that their store had been forcibly entered the preceding night, and robbed of goods t<> the. amount of not less than five thousand dollars. I commanded the Beagle, then at St. Thomas. With this communication I re- ceived al-o a request from Messrs. Cabot and Baily to assist in recovering the goods. I went on shore and called on them, and there learned from merchants who had been previously robbed at line place, that they had good reason for supposing that these goods hud been taken to Faxardo, or in that neighbourhood. I lost no time in getting my vessel ready for sea. took with me a pilot furnished from the shore, and a clerk of Messrs. Cabot and Baily, with a description of the goods that had been stolen. On the evening of the 'JGth, about G o'clock, I anchored, with my colours flying, in the harbor of Foxardo. It was then so late, that the pikl did not think it prudent to go on shore, or was not capable of show- ing me the way. Early the next morning (the 27th) a boat came alongside with a message frotn the Captain of the Port, who said lie would l>e happy to see me on shore. I inquired whether he was acquainted with the character of the vessel : to which he replied, yes. Lest he might be mistaken, I di- 12 reeled him to inform the Captain of the Port that it was the United States schooner Beagle, and that I should be on shore as soon as possible. At about half past 6, I landed ; I was there met by a parcel of ruffians ; I could hardly tell what they were. One of them informed me that I could not proceed up to the village. I inquired of him who he was, whether an officer or not? He gave me no satisfaction whatever, but merely repeated that I could not proceed up to the town. I then proceeded on without any interrup- tion whatever, having been advised so to do by some citizens who were there, who informed me these people had no authority to stop me. Hfiving- entered the village, I first went to the Captain of the Port, having been informed by a gentleman, a citizen of the place, that this was proper. I informed the Captain of the Port of the ob- ject of my visit, and my reasons for appearing in citizen's dress, and, after producing the letter addressed to Mr. Campos, he appeared perfectly satisfied with my character, and directed me to call upon the Alcalde, and inform him. 1 called upon the Alcalde, and explain- ed to him my object, and again produced the letter to Mr Campos. He was perfectly satisfied with my character, and appeared very much pleased that I had taken the precaution to come on shore iu. citizen's dress. He then stated that he had no doubt that he should be able to obtain the goods before night, or ascertain where they were. This conversation was entirely between ourselves, the interpreter only being present, every one else being out of hearing. He said the recovery of the goods would probably be attended with some expense. I replied, that if it was necessary to offer a reward for the recovery of the goods, I was authorized to offer one, not to exceed one thousand dollars. I then proposed going round to the different stores where it was possible these goods might have been deposited, with the police, and examine the goods, and see if they correspond- ed with the samples and descriptions we had. It was supposed that the goods which had been stolen were the only goods of that de- scription in the country. He told me to let that matter rest, to let him manage the affair. He observed, that as I had very properly taken the precaution to come on shore in citizen's clothes, he thought it advisable to let it rest entirely with him ; that if I accom- panied him, it might excite some suspicion. I accordingly went to a public house and took my breakfast. About an hour after I had fin- ished my breakfast, I received a message from the Alcalde, request- ing me to call at his office. I was then under the impression that he had made some discoveries in respect to the goods that I was in search of. I went over to his office directly. Lieut. Ritchie and the pilot were with me, to see what the result was. I inquired, on my arrival at the office, of the Alcalde, wheth- er he had sent for rne, and for what purpose. To this the Captain of the Port replied, in the most provoking and insulting manner, that he had sent for me for the purpose of demanding my register. I in- formed them that I had previously offered to shew my commission, 13 my. uniform, and my colours, that I had no register, that a man ot war carried none, lie then told me that if 1 did not produce my or at once, he would imprison me. 1 then requested permis- sion to go on hoard my vessel with any officer they might chooM- to send with me, and that I would satiety them of the character of my I and of myself. I then stated to them tiiat the insult which 1 had received from them was of that nature that it could not he overlooked on my part, and that I should make a formal report of it to Commodore I'orter ; and, lest they might deny that they had arrested and imprisoned me, that I should proceed directly on board my vessel, and leave the port. I left the office with the design of returning to my vessel, when I was pursued by soldiers, who look me by the collar, arresled, and brought me back. I then considered myself as a prisoner. After detaining me about an hour under charge of the sentry, with Mr. Ritchie and the pilot, they consented to let me send Mr. Bedford, the Clerk, who had been sent down by Messrs. Cabot &. Baily, on board the ves- sel, for my commission. 1 sent him on board, and directed him to bring my commUsion and uniform, (hough they did not require the latter. Mr. Bedford returned with them. I put on my uni- form ami shewed them my commission, observing it was a thing which had never been required of me before. After perhaps fifteen minutes deliberation on the subject, they pronounced the commission a forgery, and me a damned pirate, and ordered me to be confined in the jail. They called it the King's house, and not knowing what that meant, I thought they were about taking me to the most genteel house in the place. So soon as I ap- proached near enough to discover that it was a guard house, well calculated to produce the yellow fever or plague, I objected to be- ing confined there, and said 1 would not be, unless they compelled it by force of arms. In about ten minutes they returned me to the quarters from which they had taken me, and placed me undercharge -'ntry. After my return, I directed the interpreter to inquire what their object was ; whether they meant to detain me, or uhat they wanted. The answer was, they would detain me until they heard from St. John's, as I had produced nothing to satisfy them of my character. I informed them that what I had already shewn them was all that it would be in my power to shew them after hear- ii.g from St. Johns. They informed me 1 had shewn nothing to sat- isfy them that 1 was ever ordered to that vessel as a Lieutenant Com- mandant. 1 then requested permission to ?end on board for my orders ; it was granted ; 1 sent on board and got them. After producing my orders, ltu"v called a council, detained me till about fifteen minutes before sun down, confined. I was then set at liberty, and ordered to go on board my vessel, which I did, laughed and hissed at by every black- guard in the street. In this \va) 1 left the village, went on board luj vessel, and got under weigh. On the 19th of November 1 was standing out of the harbour of 14 St. Thomas, and discovered the John Adams, with her broad pen- dant flying, standing into the harbour. As soon as the Commodore came to anchor, I went on board and reported myself to him, and mentioned the circumstances that had led to my visit to Faxardo, and the treatment I met with there. The Commodore replied that a written report was necessary. I informed him it should be done directly ; that my not expecting him so soon was the cause why it had not already been made out. The Commodore further inform- ed me that if the circumstances of the case would justify my going there as I did, that he would visit Foxardo, and obtain redre c s for the insult offered to my person, and to the flag of the United States. I referred the Commodore to Mr. Cabot and Mr. Furness, both com- mercial agents at that place, who would inform him that robberies of the same kind had been before committed, and the goods stolen traced to Faxardo, or the neighbourhood. The Commodore directed me to go on shore and request Mr. Cabot to come on board, and at the same time get a Pilot. I saw Mr. Cabot, who immediately came on board with me. In the morn- ing the Pilot came on board the Beagle, and I immediately got under weigh and stpod out to the Adams, then under weigh, by order of the Commodore. I went on board the Commodore, and delivered my written report. I was then ordered to go a head, with the Pilot on hoard the Beagle, and make the best of my way to Faxardo. The wind however was light, and we were obliged to lie too, off' and on, during the night. The next morning at day light, I was hailed and ordered to proceed again a head. At about 7 o'clock a boat was sent on board from the Commodore for the Pilot, and I was directed to proceed on again to the south. At 8, signals were made to follow the motions of the Commodore, who was standing into the land. At 9, we came to anchor under the lee of Passage Island, where we remained until 12 at night, when the Grampus, the Beagle, the barges of the Adams, with as many of the officers and men as could be spared from the vessels, got under weigh, and proceeded towards the harbour ot Faxardo. At 8 o'clock in the morning of the 14th we came to anchor, with the Grampus and Beagle, in the harbour of Faxardo. The barges were officered and manned, and about landing ; at this time one of them had been sent to attack a fort on an eminence at the beach. Commodore Porter, at the same time, sent by Lieutenant Stribling a flag of truce to the Alcalde of the place. At half past 8 we commenced marching up from the landing to the village, which was about a mile and a half distant. We walked it in about fifteen or twenty minutes. After we arrived within about forty rods of the village, in a few minutes we discovered a field piece a head, with a number of men with muskets. Commodore Porter ordered us to halt ; about fifteen minutes after, we discover- ed a white flag, which was accompanied by Lieutenant Stribling, the Alcalde, the Captain of the Port, and the interpreter. They pro- fessed, when they met the Commodore, not to know the object of lii<; \isit ; the Commodore informed them they ought to have known that from the tenor of his note. Asked them if they had not confin- ed me after knowing that 1 was an American officer, and why they li.nl done so ? The Alcalde admitted he had confined me after know- ing I was an American officer, but said that he was not to blame, as he had been forced to do so by others. The Commodore informed him that he had nothing to do with any other person; that he was th Alcalde, and chief magistrate of the place, and that he held himre- sponsihle for the insult offered to me and to the fl;ig. That as he hat! the power of confining, he certainly had the power of releasing me. The Commodore then informed him there was no neci for any altercation, that the time he had allowed had nearly expired; that there was about five or seven minutes remaining; lhat he re quired of them a suitable apology, such a one as should be di< i the refusal ot' which would compel him to resort to force of arms, which should terminate in the final destruction of the village. They acceded to this, and apologised in the manner the Commodore dicta- ted, to the satisfaction of all present. This being done, we proceeded down to the beach, refreshments were brought down, and we returned to the vessels and got under weigh. I neglected mentioning the spiking two nine pounders which guarded the passage by which we marched up. I do not know that they were loaded. There was a battery on the beach on the eminence with two cannons. I saw the Spaniards by them with matches ; they were training them upon the vessHs. This battery was attacked by a barge, and the Spaniards ran without firing; the other barges landed at almost the same time on the beach within half a mile of the battery ; they did not fire at us at all. The Court then adjourned till half past 10 to-morrow morning. (Copy.) WEDNESDAY, MAY 4rn. The Court met pursuant to the adjournment of yesterday : pre- sent as before. The Court resumed the examination of Lieutenant Platt. Q. Was the store of Messrs. Cabot fc Daily in the town or isl- and of St. Thomas ' A. The store of Messrs. Cabot & Baily was in the city of >;. Thomas, the dock on the rear of the store. Q. Were those gentlemen at the time resident merchants at St. Thomas? .1. Yes ; those gentlemen were American citizens residing at St. Thomas ? Q. Did any communications pass between yourself and the author- ities of St. Thomas, in relation to the alleged robbery ? 1. No; I had no communications with the authorities at St. 16 Thomas, I understood from Mr. Cabot, and subsequently from the Governor, thai some had passed hetvveen them Q. Did you carry any letter or other document from the Gover- nor or other officer of St. Thomas, or any force furnished from that Island?. j3. No ; I carried no paper from any official person at St. Thom- as, hut a private letter from one of the most respectable merchants there, addressed to Mr. Campos one of the most respectable mer- chants at Faxardo. Q. What orders had you received from Commodore Porter, which you considered as authorizing the steps you took ? A. 1 had received orders to protect our commerce in every man- ner which was consistent with the rules of the service. I understood myself as authorized to go on shore at Faxardo, and inform the police of the robbery that had been committed, which was the ob- ject I had in view. Q. Did the messenger from the Captain of the Port, or the Cap- lain of the Port himself, intimate in your first conversation with th* m that they knew the vessel, then in port, to be an American man of war ? A. Yes ; the Captain of the Port, in my first interview with him, appeared perfectly satisfied of the fact, and took down the name of the vessel, and the names of myself and officers, and our force. Q. In your first interview with the Captain of the Port, or the Alcalde, did you request them to act in the recovery of the pro- perty of which you were in search, or did you propose to search for and take, the property yourself? A. 1 requested them to act, to search for the goods ; not intend- ing to act myself at all. I afterwards proposed going myself with the police, which they objected to as unnecessary. Q. Did Commodore Porter know any thing of the transaction at Faxardo, previous to your communication to him ? t/i. No ; he did not. Q. Do you know whether any communications were made to the authorities at Porto Rico, either by yourself or Commodore Por- ter, prior to the landing of the force at Faxardo ? A. I knew of none. Q. In what boat or vessel did Lieutenant Stribling go to Foxar- tlo, and what length of time elapsed between his going with the flag of truce, and the landing on the beach ? A. Lieutenant Stribling went down to Faxardo in the Grampus, and landed about the same time that the men did. Q. Where did he receive his instructions from the Commodore: at Faxardo, or before your arrival there? A, I do not know Q. How many officers and men were landed ? How were they armed? What orders were given by the Commodore to the landing party, or to those who remained behind? 17 .9. I believe that about two hundred officers and men were land- ed. 1 do not know what order- were ^ivt-n to those who remained. I WHS ordered to land with as many men as I could conveniently, without crowding, carry in the boats. The men were armed with muskets, boarding pikes, cutlasses and pistols. I heard no other orders given than that ; after we landed, \\u were directed by the Commodore to full into line and march up. Q. H,id any answer been received to the communications made through Lieutenant Stribling. before the landing of the men and the spiking of the nuns m the battery on the beach, and the two nine-pounders between the beach and the town ? J None that 1 knew of. ({ What is the distance between Faxardo and St. Johns? ./. 1 think about forty mil- Q. Did the interpreter appear to be an intelligent man, well acquainted with the Spanish and English languages .' And do you understood Spanish sufficiently well to know whether he interpret- ed corrcrtK .' J. The interpreter appeared perfectly acquainted with both languages. 1 understood soinr thin:.- that u t re >aid, and my pilot, who understood both languages, told me that he interpreted cor- rectly. The examination of the witness, in chief, having been closed, Captain Porter was asked whether he had any questions to propose to the witness, to which he replied, that before proceeding lo take any steps in his defence, he had some remarks to submit to the Court, which he read, and submitted to the Court ; the paper was annexed to the record, and marked (K.) The room was then closed, and. after some time, was opened, when the Judge Advocate informed Captain Porter that the Court had maturely deliberated upon the paper submitted by bun ; that, after full consideration, the Court is of opinion that tin- matter of the communication, a* well as the language in which it is couched, - -vend particular- so highly objectionable that, could the C'ourt have anticipated it< character and contents, it would not have been surtered lo be read. The Court consider it as highly disrespect- ful both to the Secretary of the Navy and to the Court itself. This Court cannot submit to hear from any ollicer animadversions on the conduct and accusations against the head of the Department, whol- ly foreign to the investigation in which it is engaged : nor can it, without forfeiting its own self respect, h-ten to language so offensive to itself. The Court is willing to believe that this objectionable char- acter in iy be attributed to the hasty manner in which the papei ap- pears to have been drawn up ; and that Captain Porter, on consid- eration, will feel himself disposed, as well lo perceive as to rectify the grounds of objection. In order however to prevent a recurrence of such unpleasant circumstances, the Court has ordered that, in future, no communica- tion be received unless in writing : and the paper must previously 3 be submitted to the Judge Advocate for the consideration of the Court. The Judge Advocate, further informed Captain Porter that the Court had likewise directed him to state, that when the question was asked him on the opening of the Court whether he had any ob- jections to make to any member of the Court, he was understood to say distinctly that he had none ; but that he wished to submit to the Court some " remarks on the precept by which the Court was convened, and the materials of which it was constituted." It was then suggested to him, that, as the Court had not yet been organ- ized, it could at that time hear nothing from him, but that the pro- per period would be after the men.bers had been sworn in. This suggestion was made by the Judge Advocate, and apparently acqui- esced in by Captain Porter. Immediately after the organization of the Court, Captain Porter read and submitted to the Court the paper which has been annex- ed to, and constitutes part of, the record. Conceiving that it contained not a challenge to the Court, or a specific exception to any member of the Court, but objections ap- 1 plying exclusively to the precept under which it had been conven- ed ; and that these objections, if presented to the Government, might possibly induce some change in the precept, with which the Court had no authority to interfere ; feeling also that the excep- tions which had been urged, involved the competency of the major part of the members of the Coun, a question on which delicacy forbade them to express an opinion, when it had not been present- ed distinctly to their decision ; the Court determined to pursue the course which was adopted, and of which Captain Porter was imme- diately apprised. If, however, Captain Porter did design to raise a question for the decision of the Court, as to the legality of the precept under which it is acting, the Court has no hesitation in saying that it entertains no doubt upon the subject. Had any doubt existed, the Court would have put it in a way to be satisfactorily decided, before pro- ceeding to act under it. The Court is aware that it possesses no power to compel Cap- tain Porter to take any part in this investigation ; but it is equally satisfied that his acts can in no degree interfere with the duty of the Court to proceed in the investigation which it has been charged to make by the competent authority. The Court then adjourned till ten o'clock to-morrow morning. THURSDAY, MAY STH. The Court met pursuant to the adjournment of yesterday : pre- sent as before. Captain Porter stated to the Court, that on perusing the record, it appeared to him that an omission had been made, (which he was desirous of having supplied,) in stating the proceedings of the first 19 day. He submitted to the Court his statement of the remark-* which he. made before the o:ith was administered to the members. The Court being of opinion that Captain Porter is entitled to have his ^tatement inserted in the ivc.ii-d, as coi.taininir bis view of what transpired, directed it to be inserted. It is in the words following, viz : " Captain Porter being asked whether he bad any objection to offer against either of the members of the Court, replied that he had no specific objection to individuals ; but he objected to the ma- terials of which the Court was composed, and stated further, that he had some remarks to make on the subject, as well as on the pre- cept ; that hi- did not think the Court was legally formed." Captain Porter then -ubmitted to the Judge Advocate, for the con- sideration of the Court, a paper. The Court was < ! ,1 af- ne time was opened. The Judge Advocate informed Captain r that he was instructed by tlie Court to say that the pip.-r In- been maturely considered ; that it is, deemed objectionable from , k of a.-iiin i !\ . i -ion upon what has transpired, and of mtruc- tion as to the future conduct of the Court. The Court therefore will permit ('apt -un Porter to withdraw it. Should he, how wi-h it to be inserted on tli ; reronl in it- pre-rnt shape, it .shall be done, accomp mi-'d by such remarks as the Court conceives it due Lo them-elvi - to make. Captain Porter declined to withdraw the paper, it was accord- ingly read, annexed to the record and marked (F,) and the Judge Advocate infonn< po - fr--m the town, beariim a white flag also. I was at that time from twenty to thirty varu> l> liind him. Immediately on his reaching tli. wh.Tt- the-e persons were stan-i, .! tli;it Lieut. Strib- irrouml.d by a number of armed men. Alter fome con- versation t\ith them, of which 1 knew nothing, he sent a m< to me, requesting me not to advance an\ further. 1 accordingly halted the men, and rested them upon their arrrn. I was at this time from abou* two hundred and fifty to three Hundred yards fiotn the town, perhap* le--, and observed that there was a number of armed men dr.iwn up. as I presumed, to prevent my iroops ftom entering tin- |il n - e. Tiiey amounted perhaps to about three times tis m.m\ men as I h.id, and had a tk-ld piece, which I presumed was pounder. There \\.is aNo a number of men mounted on !ai-lv, uho were armed with sAvords. They uere at the en- trance of the town. I remained in the position ! had taken up, un- til the Commodore came up with a body of seamen. He halted them Miuie distance in rear of my division, rfnd came himself to the ground I occupied, and directed me to wheel my men into a posi- tion which would face the Spaniards. I did so, and again i them upon their arm*. In the course of perhaps fifteen minute*, Lieut. Stribling was observed returning, accompanied l.y the Gov- ernor of the place, and a small number of the inhabit. nN I was then directed by Commodore I'orter to place my men in a sit- u ition that would occupy both sides of the road, and -'ifter none but those in attendance on the fl.vj; to pass me. After this he re- turned to where the officer^ u :ie d^tance in ihe rear of the Marines, and there received the Governor or Al- ( Citlde. I know nothing of what occurred there, their being at too great a distance to hear n a short time I observed the Governor, with Commodore Porter and a number of the oflicers approacbio . The Commodore gave me order* a- he p;i--ed, to put the Marines in motion, and follow him into the town, which I did. After pas- sing the armed Spaniard-:. 1 halted upon the o-ifkirt- of the place. 24 The Commodore observed to me that he had been invited into the place by the Governor, and also the men, to take some refresh- ments after the march, but said at the same time that he did not wish to bring all the men in, as he apprehended that some excesses might be committed, which would put an end to the peaceable set- tlement oT the business. He, however, told the Governor, through, the interpreter, that if refreshments were sent to the beach, they should be paid for. After that they parted, as I thought on friend- ly terms, and we left the town, and returned to the boats. I brought up the rear with the Marines. A number of the inhabitants accom- panied us down. Refreshments were sent and distributed to the men. We then embarked, and returned to the vessels. Commo- dore Porter, with the Marines, and the Alcalde, entered the out- skirts of the place, but none proceeded further. The Court adjourned till 2 o'clock to-morrow. FRIDAY, MAY GTH. The Court met pursuant to the adjournment of yesterday : pre- sent as before, with the exception of Captain Porter, who was not present. Lieutenant Platt was again called. Q. How far is the place where the John Adams was left at an- chor from Faxardo ? fl. About twenty-two miles. Q. At what hour did you leave the John Adams, and at what hour did you arrive at Faxardo ? .1. We left the John Adams at midnight, and arrived at half past seven or half past eight. Q. To what nation does the Island of St. Thomas belong ? A. It is a Danish Island. Q. When you left the John Adams, at what time did you calculate to reach Faxardo ? A. The intention of the Commodore was to reach Faxardo at sun rise, as he informed me ; we were detained by light winds, and a cairn. Q. vVere the two nine pounders taken and spiked by the marines, or by the sailors who came up afterwards ; and describe as nearly as you can their position ' A. I was ordered by the Commodore to spike them, I informed him 1 had nothing to spike them with, and Mr. Pendergrast was then ordered to do it; the marines had passed them. They were placed in the road, on a causeway, where the road was straight for about one hundred rods, and commanded that part of it; there were no Spaniards there at that time, they had abandoned them ; but they had been manned on my first visit to the place. The guns on the bill were, 1 understood, long eighteen pounders. Q. Were both the Grampus and Beagle anchored in a position te cover the landing ? i. The Grampus vas anchored off the battery; the Bengle in a .itiKition to cover the landing. The Judge Advocate informed the Court that he should probably be in possession of more testimony to submit to-morrow, but had none to lay before the Court at this time. The Court adjourned till twelve o'clock, to-morrow. SATURDAY, MAY ITU. The Court met pursuant to the adjournment of yesterday : pre- sent all the members of the Court, the Judge Advocate, and Captain Porter. The Judge Advocate informed the Court that he had re- ceived a communication from the Secretary of the Navy, to be MI!>- tnitted to the Court, which was read, annexed to the record, and marked (G.) The accompanying documents were also read ; the Court reserv- ing all questions, as to their competency and credit for future de- liberation and decision. After reading the papers, the Court was cleared, and the Court proceeded to deliberate upon the papers submitted to it ; and, after having maturely considered the - the Court was opened, and the Judge Advocate stated that the Court is of opinion that the deposition of Lieut Barton, dated February Oth, 1825, be annexed to the record, which is accordingly done, and the paper is marked (7.) In regard to the other documents, the Court is of opinion that many of them arc not sufficiently authenticated to authorize their reception, without an express and sufficient waiver of all exceptions entered on the record ; that some of them appear to be of a confi- dential character, and their contents such as, without affecting this case, ought not to be exposed to the public eye without necessity ; and that collectively, they present no facts or views calculated to elucidate the subject submitted to the Court. The Court, there- fore, directs the Judge Advocate to return them to the Navy De- partment, as irrelevant.* The Court adjourned till half past ten o'clock, Monday morn'nj. MONO AY, MAY 9rn. The Court met pursuant to the adjournment of Saturday : pre- ent all the members of the Court, the Judge Advocate, and Captain 1'orter. Tlie Judge Advocate stated to the Court that he had no further testimony to submit to the Court in the investigation, and the othrr branch of inquiry having been submitted to the Court at his solici- tation. * It appears by the statement of Captain Potter, as well as of his Clerk, that the letter from him referred to in the letter, was dated March 6th, instead ot May 6th, by a mistake of the Clerk. K. S. COXE, Judge ,'ldiocatc. 4 26 The Court was cleared, and proceeded to deliberate upon the oourse to be pursued ; and after some time was opened, and the Judge Advocate stated, that the Court had determined to proceed to com- plete the business which had already been investigated, and to re- port to the Department the facts which have been proved in rela- tion to it. The record of the proceedings was then read by the Judge Ad- vocate, and the Court was cleared, for the purpose of deliberating upon the report to be made to the Department. The Court having concluded the examination of the witnesses, and having maturely deliberated on the precept, and the evidence which has been submitted, agree in the following REPORT. The Court, in obedience to the precept of the Honourable the Secretary of the Navy, having examined into the conduct of Cap- tain David Porter, in landing with a part of the military force under his command upon the island of Porto Rico, a part of the domin- ions of his Catholic Majesty the King of Spain, on or about the fourteenth day of November, in the year one thousand eight hun- dred and twenty-four ; and having also inquired into the causes which led to the same ; and having maturely deliberated upon the testimony which has been laid before the Court, reports -to the Honourable the Secretary, the following statement, as containing a correct history of the transaction, embracing all the material facts, and exhibiting the causes which led to the occurrence, as well as the circumstances which attended it. It appears that Lieut. Charles T. Platt, commanding the United States schooner Beagle, was in the harbour of St. Thomas, in the Danish Island of that name, on the twenty-fourth day of October, one thousand eight hundred and twenty-four. On the preceding night, a robbery had been perpetrated in the city of St. Thomas ; the store of Messrs. Cabot &, Baily, American citizens, but resident merchants at St. Thomas, had been broken open and plundered of property to a large amount. The gentlemen who had suffered by this outrage, made application to Lieut. Platt for his aid in the re- covery of the property. He immediately agreed to comply with the request. No communication appears to have been bad between Lieuten- ant Platt and the authorities of St. Thomas, in relation to this af- fair. The application for his assistance was made by private indi- viduals, and upon that application alone he acted. Information was given to Lieut. Platt, that on other occasions robberies of the same kind had occurred at St. Thomas ; and the stolen goods had been traced to, and discovered at Faxardo, (a small town in the island of Porto Rico,) or its vicinity, and that there ex- isted grounds for the suspicion that the goods plundered in this case, had been carried to that neighbourhood. 27 As soon as the Beagle could be got ready, she sailed for thai place. No document of any kind from the Governor, or other of- ficer, was carried, hut a letter from a private mercantile house at Tit. Thomas, addressed to a private merchant at Faxanlo, was the only paper which Lieut. Flatt appears to have had to show the ob- ject he had in view, or any authority to ar.t in the business. The contents of that letter are unknown to the Court, it not having been exhibited in evidence. The Beagle, however, carried from St. Thomas a Mr. Bedford, a Clerk in the house of Mesr*. Baily & Cabot, for the purpose of identifying the goods, and a pilot, furnish- ed by the same parties. On the evening of the 26th October, about 6 o'clock, the Beagle anchored, with her colours flying, in the harbour of Faxardo. It was considered too late to visit the shore on that day ; early in the morning of the 27th, a boat from the shore came on board, bearing a messenger from the Captain of the Port, and Lieut. Platt receiv- ed an invitation to land. The messenger, in answer lo a question from Lieut. Platt, stated in general, that he knew what vessel it was. In order to guard again-t any mistake, Lieut. Platt mention- ed that it wa the United States' schooner Beagle, and sent a mes- sage to the Captain of the Port, to inform him that he should be on shore as soon as possible. At about 4 past six he landed, without his uniform or commission, and after some little interruption proceeded to the town, and wai- ted upon the Captain of the Port, to whom he communicated the object of his visit. He at the same time informed him of the name and character of his vessel, the names of himself and ollicer*. and their force, of which the Captain of the Port took a memorandum; the private letters from the mercantile house at St. Thomas to the merchant at Faxardo was likewise produced and exhibited. The Captain of the Port appeared satisfied with the information, and by his directions Lieutenant Platt next called upon the Alcalde of the place, to whom he made the same communications. The Alcalde expressed himself pleased with the prudence exhibited by Lieut, Platt in landing in the dress of a citizen. The object of Lieutenant Platt appears to have been to give in- formation of the robbery that had been perpetrated at the island of St. Thomas, and to solicit the inteiference of the civil authorities at Faxardo. in searching for and recovering the stolen goods. The Alcalde promised this assistance as requested, but declined a pro- posal made by Lieutenant Platt, that he should accompany the offi- cers of the police to search the stores in the town. Lieutenant Platt left the house of the Alcalde, and went to a pub- lic house. Shortly after breakfast, he received a message from the AlcaMe, expressing a wish to see him. He immediately went, ac- companied by Lieutenant Ritchie and the Pilot. On his arrival, he enquired of the Alcalde whether he had sent for him, and for what object. The Captain of the Port replied that he had sent for him for the purpose of demanding his register. Lieutenant PJatt stated 28 to them that he had no register, that a man of war carried no such document ; that he had previously offered to shew his commission, his uniform, and his colours. The reply was that, unless he pro- duced his register at once, he should be imprisoned. He requested permission to go on board his vessel, with an officer that might be selected to accompany him, whom he would satisfy with regard to his own character, as well as that of his vessel. He at the same time informed them he should make a formal report to Commodore Porter of the insult he had received. Lieutenant Platt then left the house of the Alcalde, and proceed- ed towards the harbour, with the intention of going on board the Beagle ; he was, however, immediately followed by some soldiers, collared, arreted, brought back, and placed under charge of a sen- try. After Lieutenants Platt and Ritchie and the Pilot had been detained about an hour, Mr. Bedford, the Clerk, brought from St. Thomas, was permitted to go on board the Beagle, with instructions from Lieutenant Platt to bring his commission and uniform. On their being brought to him, he put on his uniform and exhibited his commission : the latter, after an examination of it, was pronounced a forgery, and he himself called a damned pirate. Orders were then given to carry him to the King's house or jail ; and he was taken from the house of the Alcalde for that purpose. On approaching near enough to see what kind of a place it was, he refused to go in, and declared that he would not enter, unless com- pelled by force. He was soon taken back to the Alcalde, and after being threaten- ed with detention until a communication could be made to St. Johns, the capital of the island, and about 40 miles distant, he was inform- ed that he had not exhibited any appointment to the vessel which he commanded. He sent on board for his orders, and after produc- ing them, a consultation was held. They continued to detain him confined until near sun set, when he was released, ordered to go on board hi? vessel, which he did, insulted by the rabble of the place as he passed along. Such is the summary of the statement now given by Lieutenant Platt of his first visit to Faxardo, and the reception he experienced, although more detailed than his written report, and in some material parts variant from it. It appears to the Court that the circumstan- ces which were related to Captain Porter, in the conversations which he had with Lieutenant Platt, together with his written report, may be considered as embracing all " the causes which led to the conduct of Captain Porter," which it is enjoined upon the Court to report to the Department. The next branch of the subject into which the Court is directed to inquire, is the conduct of Captain Porter in landing with a milita- ry force under his command upon the island of Porto Rico. It appears that, immediately after receiving the report of Lieu- tenant Platt of his visit to Faxardo. and the treatment he had there received, Captain Porter determined to visit that place for the pur- 29 pose of obtaining redress for the violence which had been offered to the person of that officer, nnd the insult which he conceived had been given to the flag; of the United States. It appear- that captain Porter did not communicate with the con- stituted authorities of Porto Hico, or require any explanation of, or ap<>l ( >L r y fur, the alleged outrage, before proceeding to the harbour of Faxardo. At midnight of the 13th November, the John Adams was left at her anchorage m the neighbourhood of 1',.- !. and Captain Por- te.r. in the < i rampus ha\ in-j; in tow the boats of the John Adams, and accompanied by the Pinagle, carrying with them about one hundred men from the John Adams, proceeds to Faxardo. His progress be- ing delayed by light winds and a cairn, he did not roach his point of destination until about 8 or 9 o'clock in the morning of the 1 4th. The (i rampus anchored opposite a battery of two g'ins, and the Dearie to k a position tocover the landing. Preparations were im- mediately made to land, and the boats were manned, a battery u t- perceived on an eminence near the beach, in which were two pieces of cannon, and the Spaniards were seen with matches, and in the act of loading the guns, and training them in the direction of the Grampu. Lieutenant Pendergrast was ordered to take the launch of the (irampus, being the largest boat, with a body of marines, fourteen in number, under the command of Lieutenant Barton, to pr in the direction of the two gun battery ; to land the men with ;>s lit- tle ha/ard as poilde ; to take the battery, spike the guns, and (Ju- st roy the ammunition : and having accomplished these objects, to pursue the diiection of the main body under the command of Cap- tain Porter in person. Lieutenant Pendergrast was particularly ordered not to fire a gun, unless he met \vith resistance, and not to permit his men to commit anv depredations on persons or property. These orders appear to hive I.een punctually obeyed. Perceiving that the Spaniaid- m the battery wen- training their guns to bear upon the (irampu the launch. Lieutenant Pendergrast hastened to effect a landing in the rear of the fort. This was accomplished with Mirh de*p;itcb. that the Spaniards were unable to fire. Having succeeded in land- ing in the rear of the battery, the detachment armed tvith mn-- pitol< and milage*, mounted the hill, and on reachin" the battery, found it deserted by the Spaniard?. Possession was quiet- ly taken, and two long eighteen pounders found there were spik- ed one of the guns was charged with a cartridge of powder, and round shot, and the canister filled with grape shot, musket hall" and spike* ; the gun primed and a lighted match near it. The other gun had been abandoned before the loading was completed. A small quantity of ammunition found in the battery was destroyed ; the party re-embarked, and proceeded to join the Commodore, who had in the mean time landed oo the beach at the distance of half a mile from the battery 30 The whole number landed, appears to be about two hundred offi- cers and men, armed with muskets, bayonets, pistols, cutlasses, and boarding pikes. The muskets were loaded after landing on the beach. The ma- rines, under Lieutenant Barton, were left to guard the boats. Ano- ther party of them was ordered by Captain Porter to march towards the town, and take up a commanding position. The officer who led them, Lieut. Crabbe, was particularly instructed to keep his men in their respective places ; to prevent them from committing any excesses upon the property of the inhabitants along the road, and to abstain from all act? of hostility, unless he should be attacked, or his advance towards the town should be opposed. In obedience to these orders, Lieut. Crabbe proceeded towards the village of Faxardo, with from twenty-four to twenty-eight men un- der his command. The beach where the landing was effected, was about a mile and a half from the town. When about half way from the beach, Lieut. Crabbe discovered Lieut. Stribling follow- ing him bearing a white flag. As soon as he had approached near enough to be recognised, the marines were halted. Lieut. Strib- ling came up with, passed them, and proceeded towards the town. The marines followed at a short distance in his rear. Lieut Strib- ling was soon after met by a party Faxai.lo Suppo-ini; that the person who made the-e demands hail no authority to detain me, 1, in company with Lieutenant Kitclue. proceeded to the port ol i'axardo, and explained, in the most -ati-factory manner, to the Captain of the Port, the object of my visit, and produced a private letter from i\lr. Cabot, American Consul, to a merchant in that place, in relation to the service in which we were engaged. Having observed the necessary forms and ceremonies with regard to the Captain of the I'ori, vve then waited upon the Alcalde, ami further acquainted him with our mission, i:c. who proffered us eve- -istaii e. Having made a few enijuirie-. in smiie of the retail u must pro- duce/' I at tin-t hesitated, and would not comply ; hut not wishing on my part to commit any action which might have a tendency to disturb the harmony exi>tmu between our respective governments, I produced my appointment a- Lieutenant-commandant. A council of olliccr- was called, with other citi/.en-. of the place, who alter having heaped upon us ihe mo>t shaiuelul outrages, permitted us to depart ou board. 1 have the honour to he, very respectfully, your obedient serv't, Signed, CHAKLL.S '1 . 1'LATT. To Couimodoie DAVID PORTER, U. S. Nary. NAVY DKPARTMR\T, 2d May, 1R25. I certify that the foregoing . t copy of an enclosure con- tained in a letter from Commodore I). 1'orver, to the Secretary of the Navv. dated 1st January, 1825. ned, CHAS. \\.\\\ChitfCltrk. (Copy.) No. 6. NA\ y DEPARTMENT, February 1st, 1823. SIR: You have been appointed to the command of a squadron fitted out under an act of Congress of the 20tlj IWombor la-=t, to cruise in the West India seas and Gulf of Mexico, tor the purpose of suppressing piracy, and affording effectual protection to the citi- zens and commerce of the United States. Your attention will also be extended to the suppression of the slave trade, according to the provisions of the several acts of Congress on that subject ; copies of which, and of the instructions heretofore given to our Naval com- manders thereon, are herewith sent to you. While it is your duty to protect our commerce against. all unlawful interruption, and to guard the rights, both of person and property of the citizens of the United States, wherever it shall become necessary, you will observe the utmost caution not to encroach upon the rights of others ; and should you at any time be brought into discussion, or collision with any foreign power, in relation to such rights, it will be expedient and proper, that the same should be conducted with as much mod- eration and forbearance, as is consistent with the honour of your country, and the just claims of its citizens. Should you in your cruise, fall in with any foreign naval force, engaged in the suppression of piracy, it is desirable that harmony, and a good understanding, should be cultivated between you ; and you will do every thing on your part, that accords with the honour of the American flag, to promote this object. So soon as the ves- sels at Norfolk shall be ready for sea, you will proceed to the West Indies, by such route as you shall judge best, for the purpose of ef- fecting the object of your cruise. You will establish at Thompson's Island, usually called Key West, a depot, and land the ordnance- and marines to protect the s'ores and provisions ; if, however, you shidl find any important objection to this place, and a more suitable N and convenient one can be found, you are at liberty to select it as a depot. You will announce your arrival and object to the authorities, civil and military, of the Island of Cuba, and endeavour to obtain, as far as shall be practicables their co-operation ; or at least their favourable and friendly support, giving them the most unequivocal assurance, -that your sole object is the destruction of pirates. The system of piracy, which has grown up in the West Indies, has obviously arisen from the war between Spain and the New Governments, her late provinces in that hemisphere, and from the limited force in the islands, and their sparse population, many por- tions of each, being entirely uninhabited and desolate, to which the active authority of the government does not extend. It is under- stood that establishments have been made by parties of these ban- ditti, in those uninhabited parts, to which they carry their plunder, and retreat in time of danger. It cannot be presumed that the government of any island will afford any protection or countenance to such robbers. It may, on the contrary, confidently be believed, that all governments, and particularly those most exposed, will af- ford all means in their power for their suppression. Pirates are considered by the law of nations the enemies of the human race. It is the duty of all nations to put them down ; ;ind 37 none who respect their own character or interest will refuse to du it, much less afford them a*Mtance and protection. The nation that makes the greatest exertions to suppress such banditti, has the greatest merit. ID making such exertions, it has a right to the aid of every other power, to the extent of its means, nnd to the enjoyment, under its sanction, of all its rights in the pursuit of the object. In the case ol belligerents, where the army of one party enters the territory of a neutral power, the army of the other has a ri^ht to follow it there. In the case of pirates, the right of the armed force of one power. to follow them into the territory of the other, is more complete. In regard to pirates, there is no neutral party, they being the ene- mies of the human race, all nation" are parties against them, and may be considered as allies. The object and intention of ourgovern- ment is to respect 'the feelings, as well as the rights of others, both in substance and in form, in all the measures which may be adopted, to accomplish the end in view. Should, therefore, the crt- any vessels u liich you have seen engaged in acts of piracy, or which you have just cause to snspect of being of that character, retreat into the ports, harbours, or settled parts of the islands, you may enter in pursuit of them, such ports, harbours and settled parts of the coun- try, for the purpose of aiding the local authorities, or people, as the. case may be, to sei/e and bring the offenders to justice, previously giving notice that this is your sole object. Whore the Govern- ment exists, and is f-lt, you will in all instances respect the local authorities, and only act in aid of, and co-operation with them ; it bring the exclusive purpose of the government of the United States to suppress piracy; an object in which all nations are equally inter- ested ; and in the accomplishment of whir h, the Spanish authori- ties, and people will, it is presumed, cordially co-operate with you. If, in the pursuit of pirates found at sea, they shall retreat into the unsettled parts of the islands, or foreign territory, you are at liberty to pursue them sc long, only, as there is reasonable prospect of being able to apprehend them, and in no case, are you at liberty to pursue and apprehend any one after having been forbidden so to do, by competent authority of the local government. And should you onsucli pursuit apprehend any pirates upon land, you will de- liver them over to the proper authority, to be dealt with according to law, and you will furnish such evidence as shall be in your pow- er to prove the offence alleged against them. Should the local au- thorities refuse to receive and prosecute such persons so appre- hended, on your furnishing them with reasonable evidence of theii guilt, you will then keep them safely and securely, on board some of the vessels under your command, and report without de- Jay to this Department, the particular circumstances of such cases. Great complaints are made of the interruption and injury to our commerce by privateers fitted out from Spanish ports. You will en- deavour to obtain from the Spanish authorities a li-t of the vessels : o commissioned, aad a s certain how far they have been instructed 38 to intercept our trade with Mexico, and the Colombian Republic ; impressing upon them, that, according to the well settled rule of the law of nations, the United States will not consider any portion of coast upon the Gulf of Mexico, as legally blockaded, except where a naval force is stationed, sufficient to carry into effect the blockading order or decree ; and that this government does not re- cognize the right or authority of Spain to interdict or interrupt our commerce with any portion of the coast included within the Co- lombian Republic or Mexican Government, not actually blockaded by a competent force. All the United States ships and vessels of war in the West In- dies, of which a list is herewith enclosed, are placed under your command, and you will distribute them to such stations as shall ap- pear to you best calculated to afford complete protection to our commerce, in which you will embrace the object of protecting the convoy of specie from Vera Cruz, and the Mexican coast gene- rally, to the United States. Keep one vessel at least upon this ser- vice, to be at, or near, Vera Cruz, during the healthy season of the year, and to be relieved as occasion shall require, both for convoy of trade, and to bring specie to the United States confining the transportation to the United States only. You will be particularly watchful to preserve the health of the officers and crew under your command, and to guard, in every possible manner, against the un- heallhiness of the climate ; not permitting any intercourse with the shore where the yellow fever prevails, except ijn cases of absolute necessity. Wishing you good health, and a successful cruise, I am, very re- spectfully, &c. Signed, SMITH THOMPSON. eomm'e DAVID PORTER, Comm'g U. S. J\"aral Forces, West Indies. NAVT DEPARTMENT, 2d May, 1825. I certify that the foregoing is a correct transcript from the re- cords of this Department. Signed, CHAS. HAY, Chief Clerk. (Copy.) No. 7. MARINE BARRACKS, ALLEATOW, THOMPSON'S ISLAND, February 6lh, 1825. I, Thomas B. Barton, first Lieutenant of Marines in the service of the United States, aud commanding the Marines on this station, do make the following statement of facts, in relation to the proceed- ings of Commodore David Porter, commander in chief of the Na- val Forces of the United States, in the West Indies, &.c. at Fax- ardo, in the Island of Porto Rico, in the month of November, 182-1, The United States schooner Grampus, bearing the broad pendant of Commodore Porter, with the U. S. schooner Beagle in company, arrived in the harbour of Faxardo on the 14th November, 1824, about 8 o'clock, A. M. 1 was a passenger in the Grampus. Both vessels entered the harbour with the U. S. ensign displayed. We had scarcely let go our anchor, which was done directly opposite a 39 two gun battery on Ihe summit of a hill, elevated perhiips eighty feet nbove the level of the ocean, when I perceived twenty or njurr in- (i in the battery, loading and training the guns in the direc- tion of tin- (irainpu-?. 1 soon after received orders through Lieut. H ) it, commandant of* the schooner, to be in readmit.- to command the Marine guard attached to her, fourteen in number, and to pro- ceed in tin; launch, the Litest l>uul of the Grampus, with Lieuten- ant Peodergraft, her first Lieutenant. The I liter ollicer received the following orders, in substance, from Commodore Porter, in my presence : To proceed in the di- reclioo of the two gun battery, directly oppo-ite, and land the men under his command at as little ha/.. ml as po--ilde. To take the battery, spike the guns, and destroy the ammunition ; and then pur- sue tin- direction of the main body, under the command of the Commodore in person. Lieutenant Pendergrast was particularly ordered not to tire a gun, unless he met witli resistance ; and nut nnit the men to commit any depredation upon persons or property, We then pulled ofV from the Grampus, in a direction for the bat- lery, and perceiving that they were training their guns, one to bear on the Grampus, and one on our launch, we made the best of our way to effect a landing in the rear of the fort, which we succeeded in doin<; in -o sliort a space of time, that they corild not bring the gun lo bear on us, which they were using every exertion to do. Having succeeded in landing in rear of the battery, we mounted the bill with mu-kct-. pit<>|s, and cutlas-i-*. and discovered the works to be that moment deserted by the Spaniards. We took quiet possession, and found two long eighteen pounders, one of them. .' diaries (( f powder, anil a cam-ler with grape, musket balls, and spikes, alongside one of the guns the ammunition was de- stroyed. After having secured the battery conformably to orders, we re- emharked in our launch, and proceeded in the direction of the main body, which had landed near the road leading to the town of Fax- ardo. After we reached the landing, I was ordered by Commodore Por- ter to remain with a guard under my command, to protectthe boats during his absence with the main body ; and 1 was particularly or- dered to permit no man of my guard, upon any consideration, to commit depredations upon the inhabitants or their property, whicjj order wa- obeyed. -uned, THOS. B. BARTON, Lt. Coming Marines. before me this 7th of February, 182-"', JNO. K. MIKFMV. of the PttTt t \ani .'!'<: l'.i,nn!o M '"-iridn- 40 (Copy.) B. GENTLEMEN OP THE COURT : Before you proceed to investigate the subject submitted to you, allow me to make a few remarks on the character of the precept which authorizes your forming your- selves into a Court, and the nature of the duties which it imposes on you. As regards the first charge against me, submitted to your inves- tigation, 1 have nothing at present to say ; the Secretary of the Na- vy having preferred it against me, he has a perfect right to couch it in whatever language may appear to him most proper to obtain the end he has in view. The mere statement of the charge, however forcible the terms, is no proof of my guilt ; and it remains for me to oppose to it the proofs I have in my possession ; sufficient, I trust, to show, that my conduct in landing in a hostile manner on the shores of Porto Rico, was not only justifiable, but praiseworthy. It is however a duty I especially owe to myself and to others un- der my command, to notice the manner in which the second sub- ject is submitted to your investigation, to wit : the carrying of spe- cie, &c. You will perceive that it is admitted in the precept, that the investigation of this subject is ordered at my particular request, and this being the case, it would seem but just, that the request should be complied with, according to its terms. My request, as contained in my letter to the Secretary of the Navy ot the 2d of March, is in the following words " Having this day seen in a print, several letters from Mr. Tho- mas Randall, and Mr. John Mountain, communicated through the State Department to Congress, and highly injurious to the character of myself and other officers belonging to the West India Squadron, I have to request that an inquiry may be instituted, to ascertain how far facts will justify their statements and remarks, and the injuri- ous remarks they have elicited on the floor of Congress. " You will perceive, by a perusal of the precept, that your atten- tion is not directed to the inquiry asked for by me. You find not thing said of the particular documents referred to, or the persons named in my application ; you are not directed to inquire how far facts will justify their statements and remarks, and the injurious remarks they have elicited on the floor of Congress. You are in fact, not directed to extend the inquiry, so as to ascertain how far others, as well as myself, were implicated in transactions, which if true, were highly disreputable to all concerned ; but you are simply re- quired to ascertain whether the Naval force in the West Indies ;md Gulf of Mexico, was employed to the best advantage ; whether it was not employed in the transportation of Specie, and in other ob- jects of inferior moment, to the neglect of the public interest. I beg you to compare the charge as it stands in the precept, with my request, and say if you can find the slightest resemblance be- tween them. I am not very particular as to the manner in which this Charge has been worded ; but. as some of the vessels under my com- 41 mand, have bcon "employed in the transportation of specie, and (per* h;t|t-) in oibri i inferior moment,' 1 all of which I trust, tny order* from the Secretary nf tbe Navy made necessary. Your divi- sion, in the negative or affirmative, Can therefore have no hearing on the innocence or guilt of myself, and hose under my command. The Question, had it heen submitted to you ;i< wa< intended by ;n\ would have been simply this : Ma- Captain Porter, and the officer* of the We.-t India Squadron, basely neglected their duty, and -sacri- ficed the public interests, as chared by Messr*. Kamhll and Moun- tain ; and do they de-erve the strictures which have been p on them on the 6oor of Congi The question, as it now -t.mil- in the precept, may require you to investigate the propriety of the onliT- i-ii.'d from tin- Navy De- partment, but its decision can have no bearing on the conduct of th'i-c who acted in obedience to them. My motive in asking for lhi< ii.piiry, was for the sole purpo-e of justifying myv-lf. and others under my command. a<;iin.t the charges of Messrs. Randall and Mountain, and the illiberal remarks they gave rise to ; I bad no wish to pry into the conduct or motives of the Secretary of the Navy, or to implicate him by any investigation touching his official conduct. I have never doubted the propriety of the orders he gave me, nor do I doubt it now but, ns the question submitted to you stands, the. result must necessarily be a decision as to their pro- priety ; a decision I have never asked for, and with which 1 have nothing to do. To me it matters little, whether the orders I acted under, were in conformity with the laws for the Suppression of Pi- racy, or not ; it is only necessary for my justification to show, that I acted in strict obedience to the orders I received ; let those, who issued them, if there is any thing wrong in them, answer for the rest. .Messrs. Randall and Mountain are understood to have said that m\-elf, and others under my command, have neglected the du ies which were confided to us, to the discredit of the Navy. ;md the Nation, to tde injury of the property, and to the sacrifice of the citi/ens of the I'mted States, for the sole purp<> benefitting ourselves, by the transportation of Specie. If what those gentlemen say of us is trie, we are not only unworthy of hold- ing Commissions in the Navy, but are deserving the severest pun- ishment a Court Martial can sentence us to receive ; and if we are not guilty, we should not only be pronounced innocent, but our slanderers and calumniaters should be exposed to the world as men unworthy of confidence. It becomes then a question of character between them and n*. If they prove their charges, they deserve well of their country for expoxini; us and we must sink, and deservedly ; if we acqait our- selves of them, they will no longer be worthy of consideration. The question then should have been submitted to you in all its bearing-, in strict conformity with the language of the request which produced the order for the inquiry ; and had this been done, 6 12 you would have been able to have come to a satisfactory conclu- sion ; but confining yourself to the subject as presented to you in the precept before you, there can be no decision touching the point at iss-ue, between Messrs. Randall and Mountain, and myself and officers. I have taken the liberty to make these remarks at this early pe- riod, with the hope that you would, by applying to the Secretary of the Navy, obtain a revision or modification of the precept, so as to enable you to reach the object which induced me to ask the inquiry ; or, at least, that such measures might be taken, as may seem to you expedient, to enable you to effect the purpose which caused me to make the application for an investigation of the truth of tlie charges. I beg the Court to be persuaded that these remarks, and this re- quest, originated in no wish to embarrass, or throw difficulties in the way of the inquiry ; but from a sincere desire, that the accusers may have every opportunity of proving their charges, and the ac- cused the. advantage of rebutting them ; that truth may be made known, and justice obtained ; the only end and object, it is presu- med, of the investigation. I beg leave to state further, that it was not my intention to make, under any circumstances whatever, ob- jections to any member who the Secretary of the Navy might think proper to order on this Court, and I should now waive all objec- tions, was my conduct, alone, the subject of inquiry ; but since the Secretary has chosen, by the same precept, to submit to you charges against me, originating with himself, and the investigation of the conduct of myself and others, asked for by me, it is a duty I owe to others, to guard by every meaus in my power against a decision injurious to them. It has not escaped your observation, there are two members of this Court junior to me. This however, at first sight, may not by many be considered a reasonable ground of objection, as the act for the better government of the Navy, only requires three com- missioned officers, and a Judge Advocate, to constitute a Court of Inquiry ; but 1 think it must be apparent, that the intention of the framers of the law was, that with the exception of the difference of the members which composed them, Courts of Inquiry should be formed, regulated and governed, on the same principles as Courts Martial. A Court Martial may consist of from five to thirteen members, but it is required that not more than one half of the members, if it can be avoided, shall be junior to the officer tried ; this rule no doubt was intended to prevent the interested feelings of the junior members from operating to the prejudice of the officer to be tried, and the same rule should in justice govern Courts of Inquiry; Courts of Inquiry having the same power to summons witnesses, admini ter oaths and punish contempt, it was evidently designed that they should be similarly constituted. By every rule and prin- ciple of justice, the accused should be tried by disinterested ju- niors, or at least a majority of them. 4.; U'iH it be contended that, lirc:iur the law requires three coin neil oilirers to constitute ;i Court of Inquiry, that three com- niiioned otiicer-. from any of the subordinate classes, would he a sufficient Court to investigate and report on the conduct ot'the com- mander o| a Squadron ? Lieutenants, Pursers, Chaplains, Surgeon-, and I believe, Surgeon's Mates, are commissioned othYers ; but surely it will not be asserted, that a sufficient Court for the mves- n of my conduct could be formed of these classes. It was therefore evidently de-iinu-d, that only such commissioned officers ;i- may le^;.!ly set on a Couit .Martial, can set on a Court of In- quiry ; and tint Courts of Inquiry, should not only be similar in their organization, but also formed of the same materials as Courts .Martial. With this view of the subject, I feel that I should not do my duty to others, con* * J earful odil$ I hare to contend against, if I did not .submit t > the Court whether, with a majority junior to ni\-t If, it < ;m Uglily proceed to investigate my conduct. That the Court is formed agreeable to the letter of the law, I cannot deny, nor could 1, were it formed of any of the subordinate clasnd was intended to be so general, as to permit him the utmost latitude in proving what had been his con- duct on any particular point which he might select ; and shewing that he was free from all just cause of accusation, by whomsoever made. If the words be not sufficiently broad to permit such an investigation, they would heretofore have been promptly extended, at his request, and no difficulty will now be made, should he request it, in so directing the Court as to accomplish his object. The de- fect on this point, if one exist, is not perceived. It was not the intention of the Department, at the suggestion or solicitation of Captain Porter, to direct the Court to inquire into the conduct of oth^r officers, of whose actions the Department saw no cause to compl tin ; who had not asked for any inquiry ; and for whom, it was not perceived that he had any authority to demand it. 45 Much less was it (he intention of the Deportment, on an inquiry asked by him, to submit to the Court the legality or the propriety of the orders given to him : nor is it believed that the precept can bear any such construction. With this view of the matters contained in the papers submitted, the Department has only to direct, that the Court, < n-wutc > d as it i<, proceed to make the inquiry directed by the precept. I am, respectfully, yours, &c. &c. Signed, - \M'I. I.. SO!'TU\RD. RD S. COTE, Esq., Judge ddrocate of Ike Jfaral Court of at the .Vury-lurrf, Waihingtun. (Copy.) E.* TI.F.MEN OK THE COURT : Before proceeding to the examina- tion of any witness in my defence, 1 must m to enter mv protest against the decision of the Secretary of the Navy the legality of the formation of the Court. A question of law and e, on which the Court, either from incompctency or dehr.u-y are unwilling to come to a decision, should not be decided on by the officer with whom the illegality and injustice complained of is supposed to have originated. A question of the importance of the -iibtnitted to you, I was impressed wilh a belief, at the time of presenting it, would be, and am still of the opinion should h>,-ul- mitted to the Attorney General of the United St it. -, it the Court from any rau-c. u is unwilling to take the responsibility on itself. And, in order that 1 may not br supposed to have given my a-M-nt to any circumstanrp, which by any tribunal hereafter, may be sup. posed to vitiate the legality of your proceedings, 1 must beg leave to decline taking any part whatever in this investigation, until the ques- tion I have submitted to you is decided on by competent authority. A question not originating in any captious i!i*p>-itiin on my part ID create difficulties, as it would appear from the quotation in the retary's letter, is -upjio^ed to be the cause, but from a sincere de- sire that every proceeding in the case should be conducted accord- ing to the strictest principles of law and juti e. If an error, as is intimated, was committed in point of form, in the time taken to -t.it-- my objection, the Court will no doubt recollect that the error did not originate with me. I apprised the memlx is assembled before its formation of my intention, and adopted tin- time suLcin'-ted to me by the Judge Advocate. Bui even if an error had been committed by me merely in point of form, is it just, consj. It-r- ing all circumstances, that the party opposed to me sh'>i;1d uvuil itself of this error to my disadvantage, when no intimation whatever of the error was made to me, at any time, either by the Court, or ita law advisor. That I did not apply to the Department before the meeting of the Court, to remedy the evil complained of, scarcely needs an ex- planation ; //" it does, you have it non; in (lie derision of the Secretary. I feel it due to myself, in making this protest, to place on the re- * As with th objectionable matter underscored hy the Court. cord, my reply to the intimation, that the precept would have been changed, on my npplication, before the meeting of the Court. You have already been made acquainted with the language used in my application for the investigation sought for by me, it is there- fore unnecessary to repeat it. The Secretary, in what purports to be his reply, dated on 16th of March, states as follows : " It has become my duty to apprise you of the determination of the Executive, that a Court of Inquiry will be formed, as soon as cir^ cumstances will permit, to examine into the occurrence at Faxardo, which was the occasion of your recall, and also to comply with the request contained in your letter of the 8th hist. " 1 must observe that I understood the Secretary to mean by the , letter of the 8th my letter of the second, as I never made any re- quest of him in any letter of that date, relating to the subjects sub- mitted to you. ContidiTig in the assurance of his reply, I was greatly surprised at the wording of the precept, and I must leave you to de- cide whether, after it had been issued, the Court was not the pro- per medium, through which I was bound to communicate with the Secretary. I will further remark that, in the letter accompanying the precept, the Secretary, from some objections to the style of my letter, thought proper to remind me of the relation which subsists between me and the Department. And not willing that offence should in future be taken when none was intended, or to incur a similar reproof when none was deserved, I thought it safest, on my own account, that all my communications should, in future, be made to you, and through you. (Copy.) E.* GENTLEMEN OF THE COURT : Before proceeding to the exami- nation of any witness in my defence, I must beg leave to enter my protest against the decision of the Secretary of the Navy, as re- gards the legality of the formation of the Court. A question of law and justice on which the Court, either from incompetency or delicacy, are unwilling to come to a decision, should not be decided on by the officer, with whom the illegality and injustice complained of is supposed to have originated. A question of the importance of the one submitted to you. I was impressed with a belief, at the time of presenting it, would be, and am still of the opinion should be, submitted to the Attorney General of the United States, if the Court from any cause was unwilling to take the responsibility on itself. And. in order that I may not be supposed to have given my assent to any circumstance which, by any tribunal hereafter, may be supposed to vitiate the legality of your proceeding?, 1 must beg leave to decline taking any part whatever in this investigation, until the question I have submitted to you is decided on by competent authority. A question not originating in any captious disposition on my part to create difficulties, as it would * As presented by Captain Porter. 47 appear from the quotation in the Secretary's letter, is supposed to be the case, but from a sincere desiie that every proceeding in th-. case, should be conducted according to the strictest principles of law and justice. If an error, as is intimated, was committed in point of form, in the time taken to state my objection, the Court will no doubt recol- lect, that the error did not originate with me. I apprized the mem- bers assembled before its formation, of my intention, and adopted the time suggested to me by the Judge Advocate. But even if an error had bei-n committed by me, merely in point of form, is it just, considering all circum-ianct's, that the party opposed to me should avail it-ell of tins error to my disadvantage, when no inti- mation whatever of the error was made to me, at any time, either fiy the Court, or its law advi That I did not apply to the Department before the meeting of the Court, to remedy the evil complained of, scarcely needs an ex- planation ; if it does, you have it now ia the decision of the Sec- retary. I feel it due to myself, in making this protest, to place on the re- cord, my reply to the intimation, that the precept would have been changed, on my application, before the meeting of the Court. You have already been made acquainted with the language used in my application for the investigation sought for by me- ; it is, there- fore, unnecessary to repeat it. The Secretary, in what purports to be his reply, dated on the HHh of March, states as follows : " It has become my duty to appri/.e you of the determination of the Executive, that a Court of Inquiry will be formed, as soon as circumstances will permit, to examine into the occurrence at Fux- ardo, which was the occasion of your recal, and al-o to comply with the request contained in your letter of the 8th inst." I inu-t observe that I understood the Secretary to mean by the letter of the 8th, my letter of the 2d, as I never made any n-quei-t of him in any letter of that date, relating to the subjects submitted to you. Confiding in the assurance of his reply, I was greatly sur- jin-i',1 at tin- wording of the precept, and I must leave you to de- cide whether, after it had been issued, the Court was not the pro- per medium, through which 1 was bound to communicate with the Secretary. I will further remark, that in the letter accompanying the pre- cept, the Secretary, from some objections to the stjle of my let- ter, thought proper to remind me of the relation which suli-i between me and the Department, and not willing that offence should in future be taken when none was intended, or to incur a similar reproof when none was dt->erved, I thought it safest, on my own ac- count, that all my communications should, in future, be made to you. and through you. (Copy.) F. WASHISGTOW, May 5th, 182;;. GENTLEMEN QF THF COPRT : Having carefuljy penned the pa 48 jter commented on by Hie Court, on account of which it has thought proper to pass censure, and not being able to detect in it a single expression which bears the construction the Court has thought pro- per to place on it, I cannot consent by any alteration on my part, to admit that by it any disrespect was intended by me, either to the Court, or the head of the Navy Department ; and it is the cause of great surprise to me, that the Court should have entertained such an opinion. The Court having thought proper to underscore, as disrespectful, the word incompetency, as used by me in relation to it, I beg to state dis- tinctly, that the word was not used in regard to intellectual incompe- tency, and in no other sense could it be offensive ; but with respect to its legal incompetericy. (in the opposite sense in which the Court it- sell applied the word competency,) which was supposed to be ad- milted, when the subject was referred to the Secretary for his de- cision. Delicacy, 1 did not conceive to be the only motive for the cour?e taken by the Court, as I did not believe it a sufficient and satisfactory one ; being under the impression that it was the duty of every officer to perform the service confided to him, however deli- cate, provided it be legal. The declining to make a decision on my first application, and re- ferring the subject to the Secretary of the Navy, was, as I suppos- ed, an admission of the incompetency of the Court to decide, or a voluntary relinquishment of its right, if it possessed it ; a right, which I am of opinion, the Court cannot again resume, after the opin- ion of the Secretary is, at its request, made known. If the Court had the right to decide in the first instance, no deli- cacy should have prevented its decision ; but relinquishing its right, lam under the impression it cannot resume it to decide now as to its legality, and I cannot acquiesce, either in its power to decide, the propriety of the decision it has come to, or the rule it has es- tablished with regard to the course it has thought proper to adopt towards me. 1 f I am not permitted to appear before the Court on terms of perfect equality with my accusers, whoever they be, and to defend myself in the way which may appear to me the most proper, (always ob- serving due respect to the Court and the Secretary,} I must, in jus- tice to myself, decline offering any defence, which may be liable to be weakened by an interposition on the part of this or any other tribunal. With this remark, I beg leave to adhere to the determination ex- pressed in the paper on which the Court has animadverted with so much, and I think, with such undeserved severity. I have the honour to return to the Court, a copy of the paper commented on, underscored, and marked by it as objectionable, to- gether with a copy as it was submitted by me to the Court. I have the honour to be, with sentiments of the highest respect, the Court's very obedient servant, Signed, D. PORTER. Tfic President atid Members of the Court of Inquiry, now in session. 49 (Copy.) G. NAVY DEPARTMENT, May 7th, IS^j. SIR : I received yesterday from Captain David Porter, a letter transmitting a number of papers which he designates as ' original " letters and depositions, respecting transactions at Faxardo, and "the piratical character of the place." His letter is dated, no -doubt, by mistake, March Glh, 1825." It is supposed to be the wish of Captain Porter, that these pa- pers should be laid before the Court of Inquiry for its consideration. They are therefore, with a copy of his letter, enclosed to you for that purpose. I also enclose for the same purpose, certain papers in the Span- ish language, received through the Department of State from Mr. Salmon, Charge dcs Affairs of the government of Spain, in this country. They are accompanied by translations. I am, respectfully, sir, your ob't serv't. Signed, SAM'L L. SOUTHARD. RICHARD S. COXE, Etqr. Judge Advocate, present. (Copy.) If. NAVY YARD, WASHINGTON, May 9th, 18'JJ. SIR : I am instructed by the Court, to transmit to you, agreeably to the directions of the precept, the report of the result of the in- vestigation, which has been made into the conduct ot Captain Da- vid Porter, in landing with an armed force on the island of Porto Rico, in November last. Having no evidence to lay before the Court, in regard to the second branch of the investigation directed to be made ; and Cap- tain Porter, having declined taking any part in the investigation, and entered his protest against the competency of the Court, 1 am also instructed to inform you, that it has nothing before it at this time, and has adjourned until to-morrow morning, at 1 1 o'clock. Very respectfully, your obe'dt serv't. Signed, RICH'D S. COXE, Judge Advocate. The Honourable SAMUEL L. SOUTHARD, Secretory of the Jiary. I certify that the foregoing is a true copy of the record of the proceedings in the foregoing case on tile in this Department. CHAS. HAY, Chief Clerk NAVY DEPARTMENT, 6th July, l8f*. or THE COUHT or INQUIRY. IN RELATION TO THE TRANSPORTATION OF SPECIE. TUESDAY, MAY 10 T H. THE Court met pursuant to the adjournment of yesterday : pre- sent all the members of the Court, and the Judge Advocate. No answer having been received to the communication made yesterday to the Secretary of the Navy, the Court adjourned till to-morrow morning, at 1 1 o'clock. WEDNESDAY, MAY HTH. The Court met pursuant to the adjournment of yesterday : pre- sent all the members of the Court, the Judge Advocate, and Cap- tain Porter. The Judge Advocate submitted to the Court a com- munication from the Honourable the Secretary of the Navy, which was read, annexed to the record, and marked (I) and sundry docu- ments accompanying it. The reading of the documents was conti- nued until half after three o'clock, when the Court adjourned till 10 o'clock, to-morrow morning. THURSDAY, MAY 12. The Court met pursuant to the adjournment of yesterday : pre- sent all the members of the Court, the Judge Advocate, and Cap- tain Porter. The Court proceeded in the reading of the docu- ments, and continued reading the same until 3 o'clock, when tho Court adjourned till to-morrow morning, at half past 10 o'clock. FRIDAY, MAY 13. The Court met pursuant to the adjournment of yesterday : pre- sent as before. The Judge Advocate read and submitted to the Court sundry orders from Captain Porter, during his command, an- nexed to the record. The Court proceeded to the examination of Thomas Randall, Esq. who, being duly sworn, according to law, deposes and says Q. In what public capacity did you visit the Island of Cuba, in the year 1824 ? when did you arrive there ? and how long did you remain ? A. The official duties enjoined upon me, on going to the Island of Cuba, were various, ^'he principal related to reclamations, to 1 ue made on the authorities of the Island, arising out of captures made by privateer- Iro.n Porto Rico and Porto Cabello. Appeals in which c.it>-< h id been carried up to Courts in the Island of Cuba. 1 w.i- .< ".iili demanding certain papers and docu- ments from the authorities of the Island, to he u^i-d hefore the Commissioners under the Florida Treaty. 1 held also the appoint- ment of Commissary, (a separate one) for demanding the archives and accounts under the Florida Treaty. 1 \\d.- also charged with certain confidential dutie-, which it is unnecessary to mention, as they have no relation to the present subject of inquiry. The instruction contained in the printed document contains all that 1 received from the Government on the subject of piracy, and was considered wholly incidental, not forming one of the objects of mv visit. 1 arrived at Huvana on the 3d May, 18-4, and sailed from the Island on or about the 9th of November, to the best of my recollection. 1 wa> upon the Island during the whole of that pe- riod, with the exception of about a week, consumed in a voyage to i/ I-, vii K-'V \\C-t. in the schooner Terrier. Q Do the printed documents shewn you contain your despatch- es to the Government. J Yes ; there may be some verbal inaccuracies, but, with that excption, they contain all that I wrote upon the subject of piracy to an) one. Q. At the time you were in the Island of Cuba, were you ac- quainted with the instructions under which Commodore Porte i acting? J. No. Q. From what sources did you obtain the information you com- municated ? were they official or private ? rl. The sources were various : sometimes from casual conver- sations ; sometimes from one gentleman ; sometimes from another. My object was to obtain such information as I could rely upon, from whatever quarter it could be had. I endeavoured to exei* discriminating judgment as to the credit which was to be given to the sources from which the information was obtained ; and I be- lieve that 1 have usually stated to the Government the amount of credit to which the different facts which I communicated, were, in my opinion, entitled. The information was spontaneously commu- nicated to me, conceiving it to be a subordinate part of my busi- ness, and being ver) much occupied, and sometimes sick, I did not search for information upon this head. I did not conceive it to be my duty to seek lor information regarding the navy ; but 1 conceiv- ed it my duty, when facts came to my knowledge, to report them. Q. During the period of your stay in Cuba, in \vhat description of vessels did the pirates usually go to s.ea .' .]. Generally, 1 believe, in open boats ; sometimes in boats, I be- lieve partially decked calculated either to row or sail, or both ; j ometimes in schooners of a larger cla--. <^. Were these rebels calculated for a small draught of water 52 and were the places From which they could put out and take refuge, numerous, and difficult to find along the coast of Cuba ? A. Such was the information communicated to me, from sources which I deemed authentic. Q. Could any naval force, however numerous or vigilant, ensure safety at all times from these pirates, without the active aid of the authorities on shore ? A. I have given a deliberate opinion upon that subject, in my communication to the Government, which remains unchanged, but rather confirmed by information subsequently received. Q. During the spring and summer of 1824, how many vessels were under the command of Commodore Porter ? where were they employed, and in what service respectively ? A. I cannot say : I know nothing of the vessels, except from their occasional visits to Cuba, while I was there, and the casual conversations of the officers attached to them. I knew in no other way of their being under the command of Commodore Porter after his return to the United States. Q. During your stay in Cuba, what American men of war, accord- ing to your recollection, touched at the island ? A. While I was at Havana, the John Adams arrived on the 4th May, reported to be last from Matanzas, and sailed about the 6th, for the Bay of Mexico. The schooner Wild Cat arrived from Ma- tanzas on the 24th May, bound to Key West. The Steam-Galliot, with Commodore Porter, arrived on the 12th May, from Matanzas, and sailed, 1 believe, for the same place, on the same evening. May 31st, the Terrier arrived from the same place. On the 16th June, the Spark, reported from Tampico and Alvarado, and sailed on the 22d, for New-York. July 7th, the Grampus arrived off the Moro, reported from the Bay of Mexico, and sailed on or about the 8th, for New-York. July 10th, the Terrier arrived from a cruize after pirates, and sailed the same day. July 12th, the John Adams ar- rived from the Bay of Mexico, and sailed the 18th, for Philadel- phia. On the 20th, one of the small schooners arrived ; I did not ascertain which. On the the 29th. the Terrier was in the port August 3d, she was in port : whether she had been out in the interim, I cannot say. On the 4th, 1 sailed in her for Matanzas, via Key West, for the benefit of my health. I think I returned about the 30th August to Havana, in the steam-boat. The Fox arrived September 15th, reported from Tampico, and sailed on the 19th, I believe for the United States. On the 17th September, the Weazle arrived from the United States, via Barbadoes, bound to Tampico, as reported. The 23d, the Ferret, from Key West, for medical aid. October 13th, the Porpoise arrived from the coast of Africa. On the 16th, the Hornet arrived, last from St. Jago. The Shark arrived, I think, about the 4th November, reported from the Bay of Mexico ; I think from Alvarado and Tampico. She had also previously arrived from the United States, on her way to the Bay of Mexico, date not recollected. There may have been other art rivals and departures without my knowledge ; but I have a memo- randum from my journal of those which I have stated. Q. How many, and which, of these vessels carried specie ? what amount ? where from ? and where bound, as you understood at the time ? A. I am uninformed in most of the cases of any particulars as to the amount of specie. I learned generally that most of the vessels arriving at Havana from the ports in the bay of Mexico, had specie on board on freight. Captain Gallagher, of the Shark, re- ported to me that he had $ 127,000 to be delivered at Havana and in the United States. My impression is, that Captain Dallas inform- ed me he had some specie, the amount I do not recollect. Lieut. Ritchie gave me the ame information, 1 think, in regard to his ves- sel. 1 heard, also, that the Spark carried specie. Q. If there is any information which you possess, other than that you have communicated, calculated to elucidate the subject before tbe Court, will you he good enough to state it ? A. I do not at present recollect any thing in particular. It may, perhaps, be proper to mention, as my impression, that some of the information I obtained relative to the transaction of specie, was de- rived from Mr. Mountain, the Vice Consul, and acting in the room of Mr. Warner, the Consul, in whose office the negotiations, relative to the transportation of specie, were sometimes transacted in my presence. Q. Do you know of any shipments of specie being made by any of the vessels from Havana ? .?. I do not recollect any particular instance, except that I am un- der the impression that Capt. Gallagher informed me he had receiv- ed on board the Shark some additional specie at that place. 1 have also a general impression, that when vessels were about sailing from Havana to the United States, additional sums were put on board them there. I returned to the United States in the Shark. William B. Finch, a Master Commandant in the Navy of I hr United States, being duly sworn according to law, deposes and says : Between November, 1823, and the autumn of 1824, I acini a- Captain to the squadron under the command of Commodore Por- ter. The orders in the order book, in my hand writing, were the general orders which were circulated thro' the squadron. I consid- ered the squadron employed, duringthe whole period that I was with it, in conformity with the instructions received from the Depart- ment. The suppression of piracy, and the protection of com- merce, appeared to be the particular objects in view. Some ves- sels were occasionally despatched for the special purpo-p of sup- pressing the slave trade. The vessels which went down the iriilf, and carried specie, as well as my recollection serve" me, were the John Adams, Captain Dallas ; the Grampus, Lieut. Commandant Sloat ; the Wea/t-l. Lieut. Commandant Boarrnan ; the Jackall, Lieut. Commandant Lee ; the Fox, Lieut. Commandant Ritchie ; 51 the Weasel, Lieut. Commandant Zanfzinger. All had orders, as I believe, to receive specie, in subordination to the general duties of the squadron. This was part of the routine in the service. The Shark, Lieut. Steven?, went from the United States direct to that quarter, with .agents from the Bank of the United States. This \vas, 1 believe, the only instance, in which the carrying specie was the special object. According to my opinion, all the force was employed which the circumstances of the case required, for the suppression of piracy. When we left Matanzas, about the middle of June, for the United States, I do not think there was any appear- ance of piracy remaining in that quarter, and a sufficient force was left there to keep it down. Two small schooners, the Ferret and the Terrier, were left under the command of Lieutenants Farragut .and Paine, with a barge, to look after pirates, and to keep open the communication between Thompson's Island and Cuba. In the then state of things, I thought that force as competent to effect the object as a larger one could have been. I think such was the disposition and feeling of the officers, that if any course had suggested itself as calculated to effect the suppression of piracy, it would have been mentioned to Commodore Porter : but none better calculated to at- tain that end, was, as I believe, thought of. 1 believe that it was the universal opinion of the officers, that the force under the command of Commodore Porter could not have been more effica- ciously employed. When 1 returned to the United States, the Sea Gull alone came ; the two vessels mentioned were left there, and other vessels of the squadron would be occasionally arriving at Thompson's Island from different quarters, where they had been cruising. The Court adjourned till half past ten o'clock, to-morrow morn- ing. SATURDAY, MAY HTH. The Court met pursuant to the adjournment of yesterday : pre- sent as before. Alexander J. Dallas, a Master Commandant in the Navy of the United States, being sworn according to law, says : Q. In what capacity did you serve in the squadron under the command of Commodore Porter, and during what period of time 1 Jl. I was Master Commandant, in command of the John Adams, from some time in November, 1823, till the month of February, 1825, when we arrived in the United States. Q. On what service were you employed during that period ' Produce such orders and instructions as you received. A. From February, 1824, when we left the United States, until May 2d, 1824, when Commodore Porter, with his family, left the John Adams, that vessel bearing his broad pendant, had been en- gaged in cruising in the West Indies, say from St. Barts to Key West, running down through the islands. The particular object of this cruise was the destruction of all the pirates, and piratical es- tablishments, as well on the ocean as on shore, that we could meet with. The letter from Captain Porter of April 8th, 1824, contains a -correct history of thn. cruise till its date. In that letter, dore Porter speaks of a -in. til 'chooner which had taken shelter among the Colorado- _: the onl\ -'i-p 1 .- haracter which \ve -aw .luring the period of time that he was with me. 1 will 't.Uc the circumstances which occurred in relation to her. On uiakinu; the schooner, the Commodore at once pronounced her ib be ot'ii pira'K.d ch.iracter, and > MO to hcil into tin- and to prepare two quarter boats ; hi- anxiety then induced him to ! the mi/en rii:iin^ ; on seeing her get under weigh, wv ran the ship into three i'aihnms water on the reef. Finding it da: ous to go further, the boats were lowered down and sent in pur-nit. They were absent some short time, but finding the schooner U;N getting away from them they were recalled. On tlu-ir return to the ship, we made sail in company with the convoy, a- many a ten or twelve ve--el-. and proceeded to Thomp-on's i-land. Imtnediali ly on our arrival at the island, n expedition was fitted out under the command of Captain \\ilkinaon, composed of the Sea (mil and three barges, two of which were manned and otlicered from tin- Johu Ad. mi-. They were directed to proceed, as I under-too.l, in - of the vessel we had seen at the Color, erable absence, they returned without having been able to vessel. But with inform. ition from the shore of her piratical char- acter. Captain Wilkinson's report of the expedition is dated April 21, l;', Jl. Miortly after their return, I was directed to _ uei^h and proceed to M atanzas. The Commodore and In- family still on board. Oil" Matan/as on l\i<- Znd May, 1 received the order of that date, fread and annexed.) Lieutenant Lee, in company with Lieutenant Lcurire in the Jackall and Wild Cat, in < tin? failure of tiie expedition sent after the schooner, and the infor- m ition communicated by Captain \Vilkin*on of which I have epokrn, were de

-o:ne 56 few days. At each ofthese places that I visited, I offered convoy to American vessels, but there were none at the time who required itv 1 left Alvarado in a few days, and proceeded to the island of Sacrifices, near Vera Cruz. Finding nothing to detain me there, after remaining about thirty six hours, I returned to Tampico. On my route to Alvarado, I fell in with Lieutenant Lee, whom I left at that place. On my last visit to Tampico, I remained eight or ten days, and received on board from Mr. Robinson, then partner of the American consul, and since holding himself that office, $ 104,000 in specie, of this about $ 70, 000 was destined to Philadelphia, and the residue to be delivered at Havana. After receiving that money on board, and not considering my cruise as having expired, I sailed for Vera Cruz, when I met with a small English brig of war, from which I received information of some piratical acts that had been committed near a lake called Terminos, on the main near the head of the Gulf, where it was said that pirates had retreated after making a capture. On receiving this information, I immediately got under weigh and proceeded to Alvarado, where 1 requested of the commandant of marines one of the Mexican gunboats as a loan, not having myself any small vessel, and the draught of the John Adams being too great to permit my approach to the lake. He loaned me the boat, when 1 officered and manned her. The second night after sailing from Alvarado towards the lake, the gun boat in company, the wind blow- ing fresh, I was informed by Lieutenant Grimke, who was in com- mand of her, that the mast was sprung. On examination I found ruyself obliged to return with her to Alvarado, where I delivered her over again to the commandant from whom I had procured her ; requesting our consul Mr. Taylor, in case he found that the accident had occurred while the boat was in our possession, to have it repla- ced. Having thus lost so much time, and aware of the impossibility of doing any thing with the John Adams alone, from her being unable to approach the shore, I concluded that, as the time had expired which had been allowed for my cruise, to return to the Havana ; 1 arrived at Havana July 12th, and sailed, I think, on the 15th, for Matanzas, where I expected to receive orders from Commodore Porter. I got my orders there, directing me to proceed immedi- ately to New-York. On receiving these orders, I wrote to him the letter, (read and annexed,) and sailed for Philadelphia, where I ar- rived about the 26th of the same month. After refitting at Phila- delphia, and the ship being reported ready for sea, an order was received from Commodore Barron, directing me not to proceed to pea until further orders. An order, dated October 22d, from Com- modore Porter, was received, directing me to be ready to proceed immediately to sea on his joining the ship. The day after receiving the order, late in the evening, Commo- dore Porter arrived at Newcastle ; early the next morning he came on board, and we proceeded to sen. We arrived at St. Baitholo- 67 mews early in November. After remaining there a short time we proceeded to St. Thomas ; from thence to Passage l-land ; and thence to FaxanJo, where the circumstance happened, \vli:< h I have already fuUy detailed. From thence, we coasted Ibe Islands down, examining all the places that were suspicion!}, or which we supposed might shelter pirates of any description particularly tin-. Island of Culia, where I do not think that from Cape Ma/.e, on the easternmost end to the Isle of Pines, and the Jardines on the south side at the west end of Cuba, there was a single creek, inlet or hay, ot any si/e or description, which was not carefully examined. The ship being during the day from a mile and a half to two miles from the shore, and the boats constantly engaged in the examination. From thence we proceeded to the Dry Tortugas, anchoring among them, and remained there two or three days. Thence, we pro- ceeded to Thompson's Island. After being some time at Key West, we received a report that some piracies had been committed. An expedition w:is fitted out, consisting of two barges, manned and of- ficered from the John Adams, and under the command of Lieute- nant Grirake. These boats left Thompson's Island and joined the Sea Gull, on board ot which was the Commodore, at Havana. On board the Sea Gull was also a part of the marine guard of the John Adams. Previous to the return of the boats, Commodore Porter had received orders from the Navy Department to return to the United States. He selected the John Adams to return in. \\ were detained until some time in February, in consequence of the absence of (he man arid officers of the John Adams ou tin' above expedition. We sailed in February, and, towards the end of that month, arrived in Hampton Koads. One of the boats, officered and manned from the John Adams, did not rejoin us, previous to our sailing for the United States. Q. During your being in the John Adams, under the command of Commodore Porter, did yon carry on freight any other specie than what you have already mentioned .' .?. None. Q. Was that specie shipped entirely by American merchants ? Jl. It was shipped by Mr. Robertson, an American, and now American Consul at Tampico. Q. What premium or freight was received on account of such transportation, and how was it appropriated ? A. \ believe there was $1899 99 received for the freight, the third of which was paid to Commodore Porter the residue was my own. The portion paid to the Commodore was paid pursuant to the general custom not asked or exacted by him. Q. Was any time consumed at the place where this specie wa- received on the passage, or at the port of delivery in conse- quence of your vessel being engaged in transporting specie, which would otherwise have been devoted to the suppression of piracy ? or was the vessel in any respect diverted from the oiirse which she would have pursued, had she not rarried specie. 8 58 Jl. No ; the only variation was, that the John Adams went into the port of Philadelphia, instead of Npw-York. Q. Did you at any time, when, and under what circumstances, deviate from the course you would otherwise have pursued, for the purpose of taking on board, or carrying specie ? A. In no case. On the contrary, it was mentioned to me, that if I would wait at Tampico, or would return there, a much larger sum of money would be ready for me to carry. I have no doubt that, had I remained there, I should have carried a great deal of specie. A large convoy was expected down, and anxiety was expressed that I should remain to take the money. Q. Independently of the carrying of specie, did the general pro- tection of the commerce of American citizens, and the suppression of piracies, require the presence of the vessels of the squadron in the Gulf of Mexico, as frequently as they were sent there ? and at the places to which they were sent? A. I have no doubt that it was so : numerous instances occurred, such as the capture and detention of American vessels and proper- ty, requiring the interposition of public vessels. About the time of my first arrival at Alvarado, the Spark gave convoy to a number of vessels, having on board specie, to the amount of more than half a million of dollars. Q. Were the vessels of the squadron serving under Captain Por- ter in the habit of giving convoy to merchant vessels belonging to the United States ? Jl. Their instructions were to offer convoy on all occasions, and it was always done when required, without leaving at too great a dis- tance the ground, where the vessels were directed to cruise. Q. Was everything done by the squadron under Captain Porter's, orders that could be done, to the best of your knowledge and be- lief, to suppress piracy ? A. So far as my knowledge extends, every thing was done that could be done : no report of piracy being committed any where reached us, but that Commodore Porter endeavoured to despatch a competent force to the place. Q. Is there any other matter relating to this inquiry, of which you possess any knowledge ? If so, state it fully to the Court. A. \ do not recollect any thing further that is material. Captain William B. Finch, again. Q. Did you derive any advantage from the transportation of specie, by any part of the squadron under the command of Captaiu Porter ? A. I did not. Q. Could you be personally benefited by such transportation in the situation which you held ? A. I presume not : the money received for such transportation, bring divided between the Captain of the vessel by which it was craried and the Commodore of the Squadron, I had no concern in. it of any kind. ^. Ir there any other matter relating to this inquiry, of which you | iv knowledge ? If so, state it fully to the Court. A. 1 know of no hing further that i- material, unless it may be the letters here presented from me to him, (read and annexed.) Stephen Casein. * Captain in the Navy of the United State*, being duly --worn according to law, deposes and says : (<>. In what raparity did you erve in the squadron under the command of Captain Porter, and between what periods ? .]. I was a Master Commandant, commanding the Peacock from January 1823, with Commodore Porter on board, carrying hi- lu-oad pendant, and continued so lor some months. After In: It- ft tin- IV - cock, and -hifted his broad pendant to the Sea Gull, I continued in iand of the Peacock till, 1 think, December, 1: ( >n what particular service wore you employed (faring that I .' Produce such orders and instructions as you received, relating in any manner to (lie subject of this investigation. J I wont (-IT-!,, ill \ I lea in company with the Shark, the vmall choooeje, the -lied I .. tin- -qtndron, the Decoy .-hip, and the -team (ialliot the Sea (!ull. NVc proceeded to St. Thomas, the place of r< '.- It -/.\ "n> we remained there u day or two. The Commodore despatched two or three of the schooners lo proceed down the south side of Porto Kim, to examine the cn-ck- and inlets on that coa-t. The remainder of the squadron went down i lie north -ide of the tland, and communicated with the shore of the island of Porto Rico. Thence we proceeded to \ dilla, anchored an, I took in water. The Peacock then proceeded down the old Bahama Sir.ii^lit- in company with some of the small schooners engaged in the search after pirates, and the examinati.'ii of the coast. After making the south side of Cuba, we hauled over to Key Verd, when- it was supposed some pirates were lurking; but finding none, return",! over to the Cuba coast, proceeded down the old Straights, occasionally coming to an anchor at night, keeping near the shore in the day time, engaged in the examination of the and continued down till wo arrived at Sugar K--\, win-re we anchored near the shore. We here found two I5nli-h rnen-ot' -w ir lso engaged in the same ohject, with whom we communicated. By the orders of the Commodore, we got our boat- out, manned with eighty men. and commanded by three Lieutenant-, proceeded down in company with two schooner- inside of the reel, ex.imining the nooks and corners for pirates, and after thi? procci ,!(, I to M;itan/.as and joined the ship. The vessel was engaged during the s ,n e time in examining and coming to an anchor at night. At .Matan/as we watered. In the mean time boats were sent out on an expedi- tion to Hidden Harbour, where it w.,s supposed there were some pirate?, hut they returned without finding any. During their cruise the service was extremely arduous, the men much exposed to tin- snu I'V d.iy, and heavy duo* at night, with few or no comforts; and were much exhausted by the incessant and severe fatigue. We proceeded 60 to Key West in the Peacock the remainder of the Squadron was despatched in different directions, giving convoy, and searching for pirates in various quarters We arrived at Thompson's Island about the beginning of April. Immediately after anchoring, we com- menced fitting out and preparing barges, and were employed in various other duties. After the barges were fitted, I was directed to proceed with two of them of the largest class, and about eighty or ninety of my men, and two schooners (the Peacock having been laid up; to the Havana. Off that place J communicated with the shore, and obtained information of a pirate having been off the Moro a day or two previous, committing depredations upon American and other vessels. It was understood to be a fast sailing schooner, the Pilot, formerly of Norfolk, which had been captured off the coast, and fitted out by the pirates. I made arrangements with Lieut. Stribling to go in search of him, and in the mean time I re- mained at anchor off the Moro, for the purpose of affording protec- tion to some vessels which were to sail the next day. Lieutenant Stribling proceeded after the pirate and captured her as his report will shew. The next morning the fleet came out. I got under weigh, and proceeded convoying them till I fell in with Lieut. Skin- ner in the Wild Cat, under whose charge I left them, and proceed- ed to rejoin my boat, which I fell in with about three o'clock in the afternoon, with the Pilot in company took the barges in tow ; directed Lieut. Stribling to continue on board the Pilot with a number of men. We returned to Havana, where I sent him in for \vater On his return we proceeded in obedience to our orders to Cayo Blanco, and continued our searches in that neighbourhood proceeded down towards Cape Antonio, going about twenty or twenty-five miles a day, with the barges sounding ahead, examin- ing the coast, through an exceedingly intricate navigation. Pro- ceeded to Cape Antonio, and examined every nook and corner in- side of the reef and Pirate Bay famous places of resort for pirates. In running down this distance, I captured a sloop boat and a feluca, boat, which had been deserted on reaching the beach landing oc- casionally. 1 fuw several wrecks of vessels that had been burned. During the whole period the men suffered extremely, particularly from the fatigue, exposure, and want of water, which we found it impossible to procure. During the tune that I was engaged iu this expedition, another was out under the immediate command of the Commodore, in a differ- ent direction, with which it was designed that I should co-operate. Previous to my going through the Colorados reef, the British had attempted it with two small schooners, but were obliged to abandon the attempt as impracticable. After remaining in that neigh- bourhood 1 proceeded to Thompson's Island, where I resumed the command of the Peacock, and made the report of the 28th April, which has been read. The Court adjourned till half after ten o'clock, on Monday morning. 61 MONDAY MORNING, MAY 16. The Court met pursuant to the adjournment of Saturday : present as before. Master Commandant \Villiam B. Finch, again called. Q. During the time you were with the squadron under Captain Porter, was it generally believed and understood that reports* were circulated of piratical acts, which had no foundation in truth, for the purpose of distracting the attention of the squadron, or for any other, and for what purpose ? Jt. I am under the impression that many such reports were cir- culated that had no foundation in fact : the distracting of the atten- tion of the squadron would be a very probable motive for raising them, but I cannot of course speak positively as to the object de- signed to be answered. I am also of opinion, that, had we possess- ed ten times the force we did, it would have beeu impossible to act upon all these reports, or to answer all the demands that were made. ({. How many well authenticated instances of piracy do you re- collect to have occurred while you were with the squadron, and what was done in those instances ? .1. I recollect but one which occurred. It was in the neigh- bourhood of Matan/.as. Lieut. Voorhees was despatched immedi- ately in pursuit of the piratical vessel in the Sea Gull, and succeed- ed in capturing her in the course of a few hours. Q. Do you know any thing of an Englishman who keeps a ferry in the neighbourhood of Matan/.;i-, and had you the means of know- ing whether that ferry was much used by pirates, or those having intercourse with them ? J. I know the man, and was several times at his house : never hoard of any such thing. Commodore Porter and his family re- sided at the place for some two'or three weeks. It was in the month of May and June, 1824, that I was there, and that Commo- dore Porter resided there. Q. Had you the superintendance of the granting convoy ? State the circumstances under which it was usual to grant it ; and what was done. J. That duty devolved on me at Matan/.as. The object was to see vessels off which were leaving the port, and those into port which were coming there. It was usual almost daily for some of the squadron to go out with those which sailed in the morning, when the wind suited, and to return in the evening, with snrh a- were arriving. In some instances convoy was offered, but refused, rather than delay till all the vessels were ready to proceed. Captain Stephen Cassin in continuation. On the 10th May sailed for Havana, in the Peacock, where we arrived on the llth, and watered. On the 14th sailed for \ rra Crux, in pursuance of the special orders of the date of May 7th, 1823, read and annexed, and arrived on the 21st of the same month. Oil the 20th June sailed for Tampico, and remained there till July 9th. During these passages I gave chase to and overhauled every auspicious vessel. While in port, I considered that my presence was useful to the American commerce in that vicinity being the orvly American armed vessel in that neighbourhood, during a consi- derable. part of the time. July 9th, sailed for Thompson's Island, and arrived there on the 22d of the same month. August 4th, sail- ed for the Havana arrived there on the 5th, and remained there till the Olh, when I sailed for Thompson's Island, and arrived there on the 10th. From the 10th Ausust, till September 16th, remain- ed at Thompson's Island, during which period the officers and men were daily engaged in operations on shore many of (hem taken with the yellow fever, and died daily. Commodore Porter was himself ill with the fever, and it was judged proper to send the Peacock to the United States, in company with the John Adams : arrived at Norfolk October 1st. Captain Cassin produced some orders which he received, which were read and annexed. Q. While under the command of Captain Porter, did you carry any money on freight ? Vl. I did. I took on hoard at Tampico and Vera Crux, altoge- ther, about 130 or 140 thousand dollars. The greater part was landrd at the Havana ; the residue, about 18 or 20 thousand dol- lars, was sent home from Havana, in some of the small vessels of the squadron. Q. Was it shipped by American merchants, or by whom ?. A. It was shipped by Mr. Robinson and Mr. Taylor, American Asrents at Tampico and Vera Cruz. I do not know who owned it ; these were the persons with whom the business was transacted. Q. What premium or freight was received for such transporta- tion in the Peacock, and how was it appropriated ? A. It was H or 2 per cent. One third of the nett proceeds wag paid the Commodore :the rest retained by me. Q. Was any time consumed at the place where the specie was shipped on the passage, or at the port where the Peacock deli- vered it in consequence of her being engaged in the transportation of pecie, which could otherwise have been specially devoted to the suppression of piracy ? A. I was at Vera Cruz during a very unsettled period, and waited there for some time for the purpose of taking specie on board, but I considered the protection afforded to American commerce was as great and as important ;is if I bnd been engaged in cruising. Q. Independently of the carrying of specie, did the general pro- tection of American commerce and property, and the suppression of piracy, require the presence of the vessels of the squadron in the Gulf of Mexico as frequently as they were sent there, and at the places to which they were sent ? .?. 1 think so certainly. (j. Were the vessel* of the squadron in the practice of afford in^ convoy to American vessels ? Jl. Ahvnvf. 63 Q. Was every thing done by the squadron to suppress piracy, which you conceive could Live IH-CM done to attain tint object} ./. Lveiv tiling I u.i done which could be don. . (^. ! my other mailer relating to the -,ul>ject under \n\ libation uhi:h you deem material '. If ?o, state it fully to the Court. J. Thore is nothing. (^. During the time that you were under the command of Cap- tain Porter, h. id you rea-on to t>e!n. i \e that report- were circulated in the \\e-t Indie., of piratical acts which were known to have no foundation in truth .' ./. I believe such unfounded reports were numerous. I have no doubt many were got up for the purpose of drawing the attention of ,'iadron from places where the pirates really were. Francis H. Gregory, a Lieutenant in the Navy of the United :> according to law, do poses and says: U. In wh;it i:a;nrity did you serve in the squadron under the com- m.ind of Captain Porter, and between what \><-i-.- J. 1 conmnndod the (irampus, joined the Commodore at Key We-t on the .;d July. 1 ;;.'.;, and continued under him till after my return to the I its, in November, I :;.'.;. Previous to my joining Commodore Porter, I KM oat OD a crutM, having sailed from New- York in December, 1822, while Commodore Porter was lit- ting out his squadron, under the orders from the Department, read and annexed to the record. (<>. Oti what particular service were you employed during that period .' Produce such orders and instructions as you received, relating in any manner to this investigation. J. The (ir.imp.i- -:nl"d from New- York December 30th, 1823, for M.itan/ ^d about the Grand H.diarna U.mk a few days, and arrived at Matan/as January 10th, I < convoy from thai port, and touched at Havana the 28th; sailed the same day for the south side of Cuba ; experienced a very severe gale from the southward, was disabled, and driven into the Bay of Mexico ; arrived on the 19th February, at the mouth of the Mississippi ; proceeded to NVw-Urleatis, where I received on board anewmain- ina-t. Sailed under orders from ( uor-on, read and annex- ed uith convoy for Tobasro. Left the Ixili/o April 24th ; anchor- ed on" the mouth of the Tobasco : sailed the 7th for Vera Cm/., with convoy ; Oth parted from the convoy, and proceeded di- rectly to Campeachy ; continued cruising and ^iv m<; convoy upon that coa*U until want of provisions forced me to go to Havana, where I arrived June 27th, and met the Wild Cat, Lieutenant Skinner, uith whom 1 proceeded to Thompson's Island. A tleet of merchantmen left Havana in company with us. July 3d, arrived at Thompson^ Island, where I received Commodore Porter's instructions, dated May 1C, read and annexed, being the first communication I bad received from him. July 5th, was despatched after a pirate ; went 64 to Key Vacas, and returned on the 10th to Thompson's island. I received orders to proceed to Matanzas ; sail d on the 16th with a barge. On the 19th, despatched the barge with one of the boats of" the Grampus, off Point Yaco, before entering the harbour, to cruise among the Keys, and went into Matanzas. Between the 20th and 25th July, Lieut. Platt joined me from Thompson's island, with a barge ; sent him the same day to windward, to cruise for pirates. Continued giving convoy, watching every suspicious vessel in the harbour, of which there were several, and keeping the barges cruising along the coast to windward and leeward, until relieved by Commodore Porter's order of the 16th September. While at Ma- tanzas, received Lieut. Freelon's report of his proceedings with the barges, (read and annexed,) and a letter from the merchants of Matanzas, (read and annexed.) On the 13th October, left the island of Cuba. At that time the Porpoise, Wild Cat, Hornet, and Jackall, were upon the coast, at Matanzas or Havana. Arrived at Tampico October 1 9th, on the 20th was taken down with the yellow fever. Sailed the 24th with 26 on the sick list ; reached Havana on the 6th or 7th November, and sailed on the 12th for Norfolk. While at Matanzas, the Wild Cat, Lieutenant Walbert, arrived from the United States. The Terrier or Ferret, Lieutenant M'Kean ; the Jackall, Lieutenant Oellers ; Lieutenant Ritchie in the Fox, Lieutenant Newton in the Beagle, Lieutenant Kennon in one of the small schooners, all touch- ed at Matanzas, offering convoy, and in several instances sailing with convoy ; but which particular vessels, or the precise periods of their arrivals and departure I cannot recollect. All however oc- curred between the 19th September and the 3rd of October, the day on which I left Matanzas for the last time. Independently of the written instructions received from Commo- dore Porter when I was going to Matanzas, I received also verbal instructions, in which he slated the importance of the point, the necessity for great activity and vigilance, and was directed to com- municate to him in all cases of necessity. Q. While under the command of Captain Porter, did you carry on freight any, and what amount of specie ? A. When 1 left Havana for the United States, there was about six or seven thousand dollars put on board by the American Consul at Havana, belonging to a merchant of Baltimore, which I landed at Norfolk, and deposited in the Bank of the United States at that place. My proportion of the freight amounted to about eighty or ninety dollars, was given to the Orphan Asylum of Philadelphia, the residue was paid to the Commodore : that was all the money that was ever shipped on board the Grampus in any foreign port during about 27 months that 1 commanded her. Q. Did any instances occur in which, by delaying your sailing or varying from your course, opportunities would have occurred to carry specie on freight ? A, When I left the Balize under the orders of Captain Patterson, 65 he tmve me verbal instructions to go to Tampico by the 15th May, stating that there would be considerable sums of specie there by that time, and that he would make arrangement* about it. On my arrival oft" the coast of Campearhy, I found t the 18th, ;md proceeded to the United States, to \\ ;i-hinnton. On the JlMh filly, receive.! orders to take command of the Shark, at New-York, and on the 3d October sailed from New-^ork, having on board Commodore Kodgers and the surgeons who went out to vi>it Thomp- son's Island. On the 'J7th arrived at Thompson's Island ; remain- ed there ten or twelve days ; proceeded to the Havana ; left there November Cth, and arrived at Norfolk on the ICih. On the 27th December, I received my orders from Commodore Porter, of that date ; sailed from Norfolk, in pursuance of them, on the 31st; arrived at St. Jago on the 7th January, 1824 ; ran down the south side of Cuba ; examined, carefully, the coast to Antonio ; and, on the 20th January, arrived off Alvarado, where I landed the gentlemen who had sailed with me from the I "nited States, as the Agents of the Hank of the United States. ( > .1 my arrival at Alvarado, 1 was informed by the acting Vice- Con-ul there, that a I n_-.' .mount of American property was dclain- ed at the Castle ofSt Juan de I'lloa, and that the representations of some naval commander were necessary to obtain restitution of it. I, accordingly, ran up to Point Li/.ardo, and anchored. I then left the vessel ami repaired to Alvarado, for the purpose of inquir- ing into the business. Finding the statement of those who made the representations correct, I was returning to Lizardo, when a heavy north wind compelled me to return. This wind drove the Shark to sea, and 1 did not rejoin her till four or five days after. I then took with me an agent for the recovery of this property, and after arriving on board, addressed a letter to General I, amour, the commander of the Castle, who immediately restored it. ID coming from the Castle, the authorities at Vera Cruz seized the property, which made my presence at that place neceary. I got under weigh, and anchored at Sacraficios on the llth March, and entered into a correspondence with General Victoria, which eventuated in the reference of the matter to the Government at Mexico. Shortly after arriving at Vera Cruz, hostilities commenced be- tween the Castle and the City ; and, as our vessels were daily ar- riving there, and liable to capture and detention by either of the contending parties, I remained there, warning them off, and afford- ing them every assistance in my power, till 1 received a letter from one of the gentlemen whom I had taken out with me, informing me of the failure of their mission. I sailed the next day after the re- ceipt of this letter, and arrived at Tampico on the 3d April. 1 re- mained there four or five days, and then sailed for the Havana, where I arrived on the 19th repaired to Thompson's Island, where I received instructions from Captain Porter to proceed to the United States ; which 1 did, and arrived at New-York on the Uth May. Q. While under the command of Captain Porter, did you carry any, and what amount of specie, on freight ? 68 A. The whole amount of specie that t received on board, was $163,500 : and before receiving any money in a foreign port, I al- ways saw that the duties had been regularly paid. Of this amount, $8, 000 dollars was received at the Havana, when returning home in the Jackall ; $58,000 at Thompson's Island, and $97,500 at Tampico : $10,000 from Tampieo was delivered at Havana all the rest in the United states. The $8,000 was shipped at Havana, consigned to the house of Goodhue & Co. at New- York. The $58,000 was received by permission of Commodore Rodgers from Lieuts. Oellers and Rousseau. The $97,500 was shipped by the American Consul, Mr. Ingraham, at Tampico. Q. What premium or freight did you receive for such transporta- tion, and how was it appropriated ? A. For the $3,000 I received 2$ per cent. ; for the $58,000, I received 2 per cent., and for the $97,500 ; H for that landed at Havana, and 2 per cent, for that brought to the United States. I received for myself two-thirds ; the other third 1 paid over to Commodore Porter. The Commodore never made any demand of me for any of it; it was a voluntary act of mine, in pursuance of the general custom. Q. Was any time consumed at the place where the specie was shipped, on the passage, or at the ports where it was delivered, in consequence of being engaged in the transportation of specie, which would otherwise have been specially devoted to the suppression of piracy ? A. In no instance did any delay occur, for the purpose of taking on board specie ; on the contrary, I was requested to wait at Vera Cruz, or to stop off Alvamdo, for the arrival of a convoy, which was expected down from Mexico, with two or three million of dollars, which I declined doing, but sailed immediately on re- ceiving the letter I have mentioned, from the gentleman whom I carried out. Q. During the period of your being under the command of Cap- tain Porter, did you ever hear, or do you know of any specie being carried on freight by any vessel on board which he was at the time ? A. I do not know that in any cae the vessel which carried Com- modore Porter's pendant carried any specie. Commodore Porter was never down the Gulf while I was with him ; he was either employed on the coast of Cuba, or at Thompson's Island. Q. Did the general objects of the protection of American com- merce and property, and the suppression of piracy require, in your opinion, that the vessels of the squadron should go as frequently as they did to the Gulf of Mexico, and to the places to which the/ were sent ? A. They certainly did, according to my opinion. Q. Were the vessels in the squadron in the practice of affording convoy to American vessels ? A. In every instance where it was required ; more frequently than the general orders required it. 09 Q. Was every thing done by Captain Porter, with the force un : der his command, which could be done to suppress piracy ? .? All that energy and decision could accomplish, was done to attain that ohject. It appeared to be the principal object of the Commodore, and of every officer under his command. Q. During the time that you acted under Captain Porter, had you reason to believe that unfounded reports of piracies were cir- culated in the West Indies ? A. I have no doubt but such reports were frequently circulated without the shadow of truth, for the purpose of drawing off the at- tention of our squadron. Q. Is there any other matter relating to the subject of this in- quiry, material to mention ? J\. I know of nothing important. The Court adjourned till half past 10 o'clock, to-morrow morn- ing- TUESDAY, MAY 17. The Court met pursuant to the adjournment of yesterday : pre- sent as before. Al.i-ter Commandant William B. Finch, again. Q. During the period of your being under the command of Cap- tain Porter, did you ever hear or know of any specie being carried on freight by any vessel on board of which he was at the lime ? J No; his ll.i^ was transferred from the John Adams, before she sailed down the Gulf, to the Sea Gull. The Commodore him- self never went down into the Bay while I was with him. Charles W. Skinner, a lieutenant in the Navy of the United States, being duly sworn according to law, deposes and says : <{ In what capacity did you serve in the squadron under the command of Captain Porter, and between what period. J I served with Captain Porter, from about the 23rd December . (ill about the 1 1th of July 1823, in command of the schooner Wild Cat. 1 commanded the Porpoise from March, 1824, until Captain Porter left the West India station. Q. On what particular service were you employed during these periods ? Produce such orders and instructions as you received. .'1. I was governed by the general instructions, that have been given in evidence, and obeyed them in every particular. I \va- in company with Commodore Porter until after the arrival of the squadron at Ami.id.i. At that place the squadron was separated, and I continued with the Commodore until the 'Joth March, engaged in the suppression of piracy, particularly between St. Thomas and Sugar Key ; we anchored at sugar Key, where the Beagle was put also under my command, three Lieutenants from the Peacock, and about eighty of the ships company in the boats of that ves-d, with orders to examine from Cayo Romano, in the old Bahama Strn^tli-; to Matanzas. We landed on the different Key?, examined them, hoarded all the vessels we fell in with, and arrived at Matanzas on the 29th March. On the same night, in consequence of a report that a piracy had been committed in Escondido, 1 sailed forthat place with the Beagle and the boats of the Peacock in company, examined the place, and found the report to be unfounded. 1 returned, and off Matanzas fell in with the Commodore in his gig. The Commo- dore sailed .about the 30th, and left me in command of the Wild Cat and Beagle, to convoy from Matanzas and the Havana twice a week, till further orders, and to examine in the intervening time the creeks and inlets in the neighbourhood. From that time till the 2nd July, I was constantly engaged in this business, boarding every ves- sel, and examining every creek. During that period, I believe I gave convoy to about one hundred and eighty sail of vessels, afford- ing all the protection in our power, being constantly at sea. I went over to Thompson's Island, and on the 3rd July, sailed for Key Va- cus, to land marines and artillery ; and sailed from thence on the 5th for the United States. The second cruise was to the coast of Africa, under orders from the Department, dated June 19th, 1824. (Read, and annexed.) Having accomplished the duties given by those orders, boarding on the coast of Africa several vessels engaged in the slave trade, un- der the French, Spanish, and Danish flags ; returned to Cape Mes- surado, took on board Mr. Gurley, as I was directed, and sailed for the West Indies. On the 15th September, arrived at St. Pierres Martinico, sailed on the 16th, arrived at St. Thomas the 19th, sailed on the 24th, convoying a ship through the Sail Rock passage. On the 25th, arrived off St Johns, Porto Rico, and inquired after pirates ; finding all quiet in that quarter, I proceeded, and on the 38th, landed and examined the Island of Mona. On the 30th, went to the City of St Domingo. On the 4th Octo- ber, anchored off St. Jago deCuba ; during each of these trips kept as near the shore as possible, examining the coast and inlets pro- ceeded to the Island of Cayman, thence over to Cuba, and went down it till 1 reached Cape St. Antonia, where I gave chase to a suspicious vessel, and at night despatched some boats in pursuit of her ; the boats found the Piratical establishment on the Cape, and destroyed it, but were unable to overtake the vessel. Being short of provisions, proceeded to Havana, boarding all the vessels I met with arrived at Havana on the 13th. On the 17th sailed with con- voy ; in going out of the harbour, fell in with the Terrier, a barge in company, going in informed him of the piratical vessel I had fallen in with at Cape St. Antonio, and he immediately went in pursuit, and succeeded in capturing him. On the 19th, having left the convoy, anchored at Matanzas. On the night of the 20th, hav- ing borrowed a boat from the shore, sent all my own boats with all my officers, and as many men as could be spared, to search the piratical haunts about Matanzas. On the 23d, they returned with the piratical schooner Gata, and three piratical boats as prizes. On the night of the 2-ith, manned the prize schooner, and sent her 71 out on a cruise. On the 25th, sailed with a convoy from Matanza?. On the 28th fell in at sea with the schooner, proceeded to Thomp- son's Islam], whore 1 arrived on the 31st October. There repaired the ve**fl, took in provision-, and sailed on the 10th November li-r M having received an order to lhat purpose from the Commodore ; arrived at Matanzas on the llth. On the 13th sail- ed ttith a convoy, and from that time till the 17th December, was constantly occupied in that neighbourhood, giving convoy to mer- chantmen, and with my boats out searching for pirates. On the 18th December, arrived at Thompson's Island, where I joined Commo- dore Porter. On the 22d, received the order, (read and annexed,} to proceed to the Gulf of Mexico, with which I complied. Sailed on the 23d for the Havana, thence on the 26th for the Gulf of Mexi- co. On the 31st fell in with an American brig, and convoyed her into Campeachy, there offered convoy, and proceeded to the differ- ent places indicated in my orders, offering at each convoy and pro- tection to American commerce. Sailed from Tampico on the 1 8th March, arrived at Havana on the 31st, there I received an order from Captain Warrington to comply with the previous order, re- ! from Captain Porter, and sailed about the 7th April for New-York, where. I arrived about the 19th. Q. While under the command of Captain Porter, did you re- ceive any and what amount of specie on freight ? . J. The first specie I carried was in the Wild Cat, from the Ha- vana, $5,000, carried to a vessel which had sailed before me and which I was to convoy. The next time I carried $34,510 from Tampico to the Bulize. The next sum 1 carried was $109,013 from Tampico ; $2000 was landed at Havana, the residue at New-York. Q. Was it shipped by American merchants, or by ivhom ? jf. All that I carried from Tampico was shipped by the Ameri- can Consul ; the $5000 was shipped by the master of an American 1 of Philadelphia. Q. What amount of freight did you receive for such transpor- tation, and how was it appropriated? A. The whole amount was between $2,200 and $2,300, one third was deposited in .Bank for the commanding officer, the residue was my own. Q. Was any time consumed at the places where the specie was shipped, on the passage, or at the places of delivery, in conse- quence of your being engaged in the transportation of specie, which would otherwise have been specially devoted to the suppression of j>iracy ' fl. I did not remain at any of these places longer than I should have done, had there been no specie. I complied strictly with my orders. I was on one occasion offered -\ considerable sum of mo- ney to be carried to New Orleans, but 1 declined it, as 1 had no other motive to carry me there. Q. Did the general protection of American commerce and property, and the suppression of piracy, require, in your opinion. 72 the presence of an American force in the Gulf of Mexico as fre- quently as it was sent there, and at the places to which it was sent '{ A. I conceived it absolutely necessary that an American vessel of war should be in the Gulf of Mexico. I can only speak as to my own vessel, not knowing what other vessels were there or how long. Q. Were the vessels attached to the squadron in the practice of affording convoy to American vessels ? A. So far as I knew, it was the constant practice. Q. Was every thing done which could be done by the squadron to suppress piracy. A. Yes ; as far as came to my knowledge, no vessels were ever more actively or more disagreeably employed. Q. During the time that you were under the command of Cap- tain Porter, had you reason to believe that reports were circula- ted in the West Indies of piratical acts, which were ascertained to be without any foundation in truth ? A. Yes, many ; it was constantly the case. Q. During that period, did you ever hear or know of any specie being carried on freight by any vessel on board of which Captain Porter was at the time ? A. No, I never did ; I never heard of his being in the Gulf of Mexico. Q. Is there any other matter or thing material to this investiga- tion ? If so, state it fully. A. I do not recollect any thing further. W T hen in Tampico, the American Consul informed me that he had repeatedly written to have an American vessel from the squadron sent down there to car- ry specie, and that, in consequence of there being none, it became necessary to ship it in English vessels, which made the route more circuitous, and increased the expense. Charles H. Bell, a Lieutenant in the Navy of the United States being duly sworn according to law, deposes and says : Q. In what capacity did you serve in the squadron under the com- mand of Captain Porter, and for what time ? A. I was a Lieutenant Commandant, commanding the Ferret, from the 8th August, 1824, until his return from the West Indies. Q. On what particular service were you employed ? A. I received orders from Commodore Porter to proceed from Washington to Thomp?n's Island, touching at Matanzas, to give protection to our commerce. I sailed about the 26th, and arrived about September 10th ; was employed during the whole time that I was under his command, in protecting American commerce, and giving convoy from Matanzas and Havana, and cruising occasion- ally after pirates, from about Havana to French Key, to the east- ward of Matanzas. Q. While. under the command of Captain Porter, did you carry on freight any, and what amount of, specie ? 73 .9, Never any. Q. \Verethe vessels attached to the squadron in the practice of offering convoy to American J. It \\.i- tin ii- r'>n!, mt practice so far as my knowledge extend*. I myself convoyed at lea-t forty >>r fifty vessels. 1 never n convoy but once ; that was in Havana. I li.nl received orders to convoy at a certain day from .Matan/.as. and the vessel- which re- quired it could not sail at the time. I was obliged to leave that port. Q. Was every thing done by the squadron within their power, in the sup. i' piracy. . i. I believe so. <(. During the period that you were under the command of Captain Porter, did you ever know or hear of any specie being carried oil freight by any vessel, on board of which he was at the time ? J. Q. Is there any other matter material to this inquiry ? If so, state it fully. 1. 1 know nothing further that is material. John P. ZanLeinger, a Lieutenant in the N'avy of the United -, bein^ duly -u urn according to law, deposes and says : Q. In what capacity did you serve in the squadron under the command of Captain Porter ? and for what length of tin J. I commanded the Weazel from 17th September, 1823, till July 20th, 1824. Q. On what particular service were you employed ? J I armed m the West Indies on the 17th October; went through the Caycus passage ; went to Barico, at the east end of Cuba ; proceeded through the old streights of T> -iham i- to Matan- remained there three week- invoy in and out of the harbour. From thence I proceeded to il.ivana; found there the Porpoise, Lieut. Ramage. to whom 1 was ordnn-d to report m\ Thence I proceeded to Key West, and returned to llavan.i, where I received orders to proceed to the U. States. My business on this first crui-e was to examine the coast and inlet?, in search of pii and to give convoy. I sailed for the United State* about the Uth December, giving convoy and bringing home specie. Went from New-York to Norfolk, where I received orders to proceed lo ?a, in company with the Spark ; sailed July U'.th, and proceeded to St. Thomas ; proceeded along the south side of Porto Rico, St. Do- mingo ; ran between St. Domingo and Jamaica ; thence along the south side of Cuba, round to Cape St. Antonio, giving the whole coast a thorough examination ; thence to l t, where I re- joined the Spark. Sailed in company with the Spark about the 4th iMarch to the Gulf, running along the coast of Yucatan to C;ipe Catouche ; ran into Campeachy. from thence to Alvarado ; remain- ed there about three weeks ; thenre to Point Li/arado ; thence to ia Cru/. I thence proceeded toTampico, with the annexed or- 10 74 der ; remained in the harbour near three weeks, affording protec- tion to our commerce. I then sailed, with some specie on board, for Vera Cruz ; thence to Alvarado ; thence to the Havana, going along the coast from Cape Antonio ; thence to Thompson's island. I there received orders to proceed to New-York, and sailed for the United States. During this last cruise, my principal occupation was giving protection to American commerce, and looking after pi- rates. The reason of my continuing so long in the ports where I remained, was that the American Consul, and all the principal mer- chants, made a request of Lieutenant Newton to permit me to be there, stating, that as the Weazel was small and able to cross the bar, her presence was more important in affording protection to the commerce, than the larger vessels, which were compelled to remain outside. At Tampico 1 was detained near a fortnight, in conse- quence of an American vessel being attacked. Q. While under the command of Captain Porter, what amount of specie did you carry on freight ? from what places, and where delivered ? A. I carried $ 197,000, of this I carried $ 70,000 from Havana to New York. From Tampico and Alvarado, I carried $ 127,000 ; of this $55,500 was taken on board, in consequence of an American vessel from Philadelphia, who had it on board, running ashore off Tam- pico. I took it on board, and carried it to Philadelphia ; I delivered all the residue at Philadelphia, except $ 1,000 landed at H/avana. Q. Was it shipped by American merchants, or whom ? A. All the money that I carried was shipped by American mer- chants. Q. What amount of freight did you receive for the transportation, and how was it appropriated ? A. I received two per cent on the whole amount carried ; one third I paid to the Commodore as a voluntary act on my part, the residue I retained. Q. Was any time consumed at the places where the specie was shipped, on the passage or at the ports where it was delivered, in consequence of your being engaged on the transportation of specie, which would otherwise have been specially devoted to the suppres- sion of piracy ? A. None. Q. Did the general protection of American commerce and pro- perty, and the suppression of piracy, require, in your opinion, the presence of an American force in the Gulf of Mexico as frequently as it was sent there, and at the places to which it was sent ? A. Yes, and much more frequently. Complaints were numerous of the want of a force there. Q. Was the procuring of specie the primary or secondary object of your going into that quarter ? A. It was entirely secondary. Q. Were the vessels of the squadron in the practice of affording convoy to American vessels ? I; wa= tlirirc- 't.-'.mt practice wherever it was wanted ; I al- ways offered convoy at every port to which 1 u Q. Was every tiling done by the squadron which, as you conc< could be done Umaulj the suppression of piracy ' ./. It v. Q. While you were under the command ofCaplain Porter, u any reports circulated, without an) foundation, of piratical acts ? J. \ e*, frequently, on the coast of Cuba ; such reports wore I be- lieve frequently circulated for the purpose of drawing the vessels oil. Q. Did you ever know of or bear, that any vessel on board which Captain Porter w-is at the time carried specie on freight ? .]. I know of no instance, and never heard of any. (^. Is there any other matter which you deem material to tin- inquiry ? If so, state it fully. J. Nothing in particular. David (J. Farragut, a Lieutenant in Navy of the United States.be- .!i_ r duly ~uni n according to law, deposes and says : Q. In wh.ii rapacity did you cerve in the squadron under the command of (';q>t.nn Porter, and for what period of time ? .J. 1 joined the squadron on the 4th February, 1823, a& an acting Lieutenant on board the schooner Gray Hound, commanded by Mas- ter Commandant John Porter, and afterwards by Lieutenant K ney, and continued on the station until the Commodore returned t" the tinted States in July, 1824. Q. On wli.it particular service were the vessels to which you were attached employed ? J. The Gray Hound was constantly employed, while I was on board her, in the suppression of pir-i- \, and nivmg .-onvoy on th' south Mdeofthe island of StJDomingo and Cuba, and the Mr. i I'.i- ?age, and on the north side of Porto Rico. I was in the Gray lloiiml till July, ltt'23, at which time I was transferred to the Steam (i.dliot Sea Gull ; she wore the pendant of Commodore Porter, and was en- gaged iacruising for pirates along the coast of Florida ; Commodore Porter was taken sick, and the vessel remained at Thompson's Island until he returned home in the summer of 1823. On the 17th February, the Sea Gull having been repaired, we tailed again for the West Indies ; the Commodore in the John Adams in company, touching at different places visited the island of St. Bartholomews, St. Thomas, St. Kits, r;m down the north side of Porto Rico through the Mona Passage, visited the island of Mona, down the south side of St. Domingo examined the coast and inlets, retook the schooner Pacification ofl" Jaquemel from a C'arthagenian privateer, visited St. Jago de Cuba, then down the const examining the coast thoroughly by the isle of Pines ; coasted the island along as far as Matan/.as, thence to Thompson's Inland. The next day the Commodore arrived in the John Adams, and we were despatched on an expedition under the command ol Captain Wilkinson to Cape Antonio, in pursuit of a pirate whom he had chased in there a few 76 days before, the boats entered the Colorados to the windward, and the Sea Gull to leward, and met about halfway, received informa- tion from somn fishermen that the vessel had sailed for the coast of Yucatan. Having made diligent search, we were joined by the Gray Hound, and returned to Thompson's Island, I then left the Sea Gull, and on the 10th June was appointed to the command of the Ferret. I received verbal instructions from Commodore Porter to cruise be- tween Havana, Matanzas and Thompson's Island, for the purpose of giving convoy twice a week out of Matanzas and Havana, to carry plants from Cuba over to the island, and to be careful to afford every protection to our commerce that might be requested. These or- ders were punctually obeyed ; no convoys were asked which I did not afford, no piracies were complained of. I gave convoy some- time? three times, sometimes four times a week. I continued thus occupied until July 5th, when I received orders to carry a public agent to Nassau, New Providence, and afterwards to proceed to the United States. Q. While under the command of Captain Porter, did you carry on freight any, and what amount of, specie 1 A. 1 carried none. Q. Uo you know, or did you-ever hear, that any was carried in any vessel on board which Captain Porter was at the time 1 J. No ; I never did. Q Was it the practice of the squadron to afford convoy, when required, to American vessels 1 'A. Always, 1 believe : I never knew an instance to the contrary. Q. Was every thing done by the squadron for the suppression of piracy, which could be done 1 A. I think so. Q. Had you ever reason to believe that reports were circulated in the West Indies, without any foundation, of piratical acts ; and for what purpose 1 A. I have known mnny such myself ; what the object was, can- not say. Some that I heard, I knew at the time to be false ; and false reports were also circulated with regard to the absence of ves- sels, from the ports of Cuba, to give convoy. Q. Do you know, and were you frequently at, the ferry kept by an Englishman named Roberts, near Matanzas 1 A. Yes, I knew him ; was frequently there ; obtained from his plantation, plants for Key West. Q. Do you know, or did you ever hear, of that ferry being much resorted to by pirates, or persons having intercourse with them 1 A. I never did. Q. Is there any thing further material to this inquiry 1 A I know nothing that I conceive important. The Court then adjourned till half past 10 o'clock, to-morrow morning. WEDNESDAY, MAY 18. The Court met, pursuant to the adjouinment of yesterday : pre- sent as before. 77 Ralph Voorhee*, a Lieutenant in the Navy of the United States, being duly sworn, according to law, d< - Q. In what capacity did )ou serve in the squadron under the command of Captain Porter ; and for what period of time ? .1. I served on hoard tin; Sea Gull, as a lieutenant, from Decem- ber 20th, 18JJ, till July 16th, 1823. I then took command of her, and continued in command until July K)th, 1B21. Q. On what particular service was the Sea (iull employed, while you were attached to her, and where ? ./. I sailed in February, 1823, for the West Indies. The vessel u M employed generally in the West Indies, and particularly cruiz- ing around the l-land of Cuba, and through the Bahama Straits, in giving convoy to American vessel*, and the suppression of piracy. The Commodore was frequently on board the Sea Gull, and I think for half the time that she was out, she bore his pendant, \\hich was sometimes liilted to the John Adams and Peacock. (J. During that time was any, and what amount of, specie carried on freight in the Sea Gull .' . I. None \\-i- carried. Q. Do you know, or did you every hear, that any was carried in any vessel on board which Captain Porter \\a* at the ti: J. Nuiii- that I know of. Q. Was it the practice of the squadron to give convoy to Ameri- can vessel- ' .7. \hva\ . when required. Q. Was every thing done which could be effected, to suppress piracy .' . ?. I believe all the vessels were actively and judiciously employ- ed for that purpose. Q. Had you reason to believe that many unfounded and exaggerat- ed accounts of piracy were circulated in the \Wt Indies. Jl. Many such reports were circulated, which, on examination, we found to be destitute of any foundation ; they were very fre- quent. I also frequently saw in the papers from the United S; the most exaggerated and unfounded statements of piracies. Q. Is there any thing else material to this investigation within your knowledge ? If so, state it fully. A. Nothing. John H. Lee, a Lieutenant in the Navy of the United State?, beinii duly sworn, according to law, deposes and says : Q. In what capacity did you serve in tli. squadron under the com- mand of Captain Porter ; and for what period of time .' .3. I served us a Lieutenant on board the John Adams, from the time she went to the West Indies, until about the 20th April, I. 1 ;,' 1: at that time I took command of the schooner Jackall, and continu- ed in her till November 20tb, 1824. Q. On what service were the vessels in which you were, par- ticularly engaged during those period* ' 78 A. The John Adams joined the squadron at Key West, in August, 1823, and then returned to the United States in consequence of the sickness. About the 17th February, 1824, sailed again from the United States, under the command of Captain Dallas ; the particu- lar object in which we were occupied, was cruizing for pirates from the windward, down through the islands, till our arrival at Key West, where I left her On board the Jackall. I cruized along the coast of Yucatan and Campeachy, with another schooner in company, in pursuance of Commodore Porter's orders of April 25th; (read and annexed ;) and executed those orders, and made the report of the cruize, which has been given in evidence. Q. Did the vessels to which you were attached, while under the command of Captain Porter, carry any. and what amount of specie? where from, and to what parts ? A. None was carried in either of the vessels, while I was under his command. Q. Did the protection of American property and commerce, and the suppression of piracy, require the presence of an American force in the Gulf of Mexico as frequently as it was sent there, and at the places to which it was sent ? A. \ think it did. Q. Were the vessels of the squadron in the practice of afford- ing convoy ? A. Always, when asked, as far as I knew ; and it was constantly offered. Q. Were unfounded or exaggerated reports of piracies, common in the West Indies? A. I think that exaggerated report? of piratical acts were very frequent. Q. Did you ever know, or hear, of any specie being carried on freight by any vessel of the squadron, on board which Captain Por- ter was at the time ? A. No ; I never did. Q. Was every thing done which could be effected, by the squad- ron, for the suppression of piracy ? A. So far as my opportunities of judging extend, I think Com- modore Porter made the best distribution of his force for the at- tainment of that object. Q. Is there any other matter tvithin your knowledge material to this inquiry ? If so, state it fully. .3. Nothing, that I know of. John T. Pcitchie, a Lieutenant in the Navy of the United States, being duly sworn, according to law, deposes and says Q. In what capacity did you serve in the squadron under the command of Captain Porter, and for what period of time ? A. I was a Lieutenant on board the Ferret sailed with the squadron in February, 1823, and continued in her till the July following, when I took command of the schooner Fox, and conti- nued in that capacity until October, 1824. 79 Q. On what particular service were those vessels engaged '. jj. While in the Ferret, cruised around the Island of Porto Rico after some pirates that we had heard of rejoined the Commodore at AguaJilla. The single object of the cruise of the Ferret, wlnl. I was on hoard her, was the suppression of piracy along Porto Rico, St. Domingo, Cuba, the Colorado! to Key West. After I took command of the Fox, I received the orders dated July 19th, 1823, (read and annexed.) was then ordered to join Lieut Kennon, with whom I cruised after pirates, along the north coast of Cuba . afterwards received the orders of August 5th, (read and annexed,) and proceeded to the coast of Yucatan, executed them, and made ray report of August 29th, which has been given in evidence. i afterwards proceeded to Matanzas and Havana, and, on my return to Key West, came home to the United States, under orders of September 16th, (read and annexed.) In December following returned to the West Indies, and cruized under the orders of tain Wilkinson, (read and annexed,) until recalled to Key West in April following. Immediately on reaching the Island, received the orders of April 16th, 1824, (read and annexed,) and proceeded forth- \\iih in execution of them. After my return, I received the order* of April 25th, (read and annexed,) and after executing them, return- ed to Key West, and to the United States in October follow m-. Q. While under the command of Captain Porter, did the vessels to which you were attached, carry on freight any and what amount of specie ? from and to what ports ? J. During my first cruise I took on hoard, at various time-, about $40,000 for the United States, received on board at Havana ; on the last cruize, the only money I received was at Tampico, as 1 ^vas leaving that place, about $20,000, for Havana ; of this, $3,000 brought to the United States, and delivered at Washington. Q. What freight did you receive for such transportation, and how was it appropriated. J 1 received, I think, 2J per cent on the first money I brought home, and 1 \ per cent, on that brought from Tampico. One-third _iv n to Commodore Porter, and the residue reserved by me. Q. Was this money shipped by American merchants, or t>\ whom ? .1. It was shipped through the American Consuls at Havana and Tampico. Q. Did the general interest of American commerce and proper- ty, and the suppression of piracy, require the presence of an Ame- rican force in the Gulf of Mexico as frequently as it was sent there, and at the places to which it was sent ? J. 1 think so. Q. Did the transportation ol the specie you carried interfere in any manner with your attention to the suppression of pim protecting American commerce .' -1- It did not. Q. Was every thing done by the squadron to suppress p which could be effected ' 80 ,.'?. I believe it wa?, so far as I was capable of judging. Q. Is there any thing further, within your knowledge, material to the present inquiry 1 If so, state it fully. A. Nothing further, than that circumstances occurred at Tampi- co in regard to the detention, for forty days, of an American vessel, which I succeeded in having released ; which shewed, beyond doubt, the necessity for having a man of war in that neighbourhood, for the protection of American commerce. Charles Boarman. a Lieutenant in the Navy of the United States, being duly sworn, according to law, deposes and says Q. In what capacity did you serve in the squadron under the command of Captain Porter, and for what period of time ? A. As Lieutenant, I commanded the schooner Weasel, from the 20th July, 1824, till the return of Commodore Porter. Q. On what particular service were you engaged during that pe- riod of time 1 A, From the lime of my arrival at St. Barts,on the 15th August, I was employed during the whole time, in convoying and cruising for pirates. Went to Crab Island in pursuit of pirates captured a boat ; the pirates escaped on shore. In September, sailed from Havana for the Gulf of Mexico, convoying three American vessels arrived at Campeachy sailed to Alvarado, and made my report of the 5th December, (read and annexed) thence sailed to Tampi- co, inquiring after pirates, and furnishing protection to our com- merce ; and having fulfilled my orders, took on board specie for the United States, arrived at the Havana, and made my report of the 21st January, 1825. Q. During this time, what amount of specie did you carry on freight, from, and to, what ports ? A. I carried about $65,000 from Tanrpico, shipped for New- York ; about $20,000 of it was subject to the order of a merchant at Havana, and was there transferred to an English frigate ; of this about $14,000 was shipped by an American house, and a part of the money was Chipped by Spaniards. At Havana from three to four thousand dollars was put on board, and landed at Norfolk. Q. What amount of freight was paid for this transportation, and how was it appropriated ? A. About $1,200 was paid ; one third I gave Commodore Por- ter, and the residue I retained. Q. Did this carrying of specie interfere in any manner with your attention to the suppression of piracy, and the protection of Amer- ican commerce .' A. Not in the least. I was offered money at Campeachy to car* ry to the United Slates, but would receive none until I had comple- ted my cruise, and was on the eve of returning to the United States ; and I sailed as soon as I sJiould have done had I carried no specie. Q. Did the general protection of American property and com- merce, and the suppression of piracy, require the presence of American vessels of war in the Gulf of Mexico, as frequently as 81 (hey were sent there, and at the places to which they were aent? A. 1 think so. During the period of from two to three motiths that I was there, there was no other vessel of the squadron there. Q. Was every thing; done by the squadron which could be done, for the suppression of pirac A. My opinion is, that all was done that could be done to sup- press it. Q. is there any other matter within your knowledge material to this inquiry ? A. Nothing. Charles T. Platt, a Lieutenant in the Navy of the United State?, being duly sworn according to law, depose* and says : Q. In what capacity did you serve in the squadron under the com- mand of Captain Porter, and for what period of time ? A. I served in 1823 in the Hornet, afterwards in command of ;i barge, and on board a merchant vessel employed as a decoy, and during the last year in command of the Beagle. Q. On what particular service were you employed ? A. The particular objects in which I was engaged, were the of- fering protection to our commerce, and the suppression of piracy. Cruising in an open barge at one time sixty-eight days on the north east side of Cuba. My last cruise in the Beagle was principally confined to the passages in the neighbourhood of St. Thomas, under orders of August 4th, read and annexed. I was constantly cruising and giving convoy. While on that station, there was not n single vessel robbed, or an attempt made, in the neighbourhood. Q. Had you any concern in the transportation of specie ? A. I never carried any. I was offered some on one occasion, but did not take it, not thinking the vessel I commanded a suitable, one, and the object being inconsiderable. Q. Do you conceive that the squadron did every thing which could be accomplished toward the suppression of piracy ? A. I do. Q. Is there any thing further within your knowledge material to '.his inquiry ? A. Nothing further. John Mountain, Esq. being duly sworn according to law, deposes and says : Q. Were you in the island of Cubaduring the period that Commo- dore Porter commanded the American squadron in the West Indies, and in what capacity ? J. I was ; in the capacity of Vice American Commercial Agent. Q. Are the documents now shewn you written by you ? A. I believe they aje copies of communications made by me to Mr. Warner. II Q. Do you conceive that the sources from which you obtained the information contained in them deserving of confidence ? *3. 1 certainly do ; most of it is from declarations on oath, and the residue from respectable houses at Matanzas, and merchants in- timately acquainted with the trade of that country. Q. How many and what American men of war touched at the island of Cuba during the year 1824, to the best of your recollec- tion, carrying specie on freight 7 .I. I cannot answer as to the number, nor am I able to name the vessels, not knowing them distinctly ; generally speaking, how- ever, all the vessels on the stafion ot a large class. Captain Ken- nedy in the Hornet refused, and Lieutenants Shubrick and Ramage also refused, to carry any. I do not mean to say that this was their sole occupation. The communications I made to Mr. Warner were made in consequence of the clamour of American merchants and masters, who complained of the want of convoy. Q. For what length of time were the vessels of the squadron absent, without giving convoy at the Havana ? .]. For several weeks at a time. This occurred I think, not more than once, and that was last summer This long absence pro- duced the clamour that 1 have spoken of. There is no American merchant at Havana, who did not know and believe what I have sta- ted in those communications. 1 understand that the vessels of the squadron had been removed by the orders of the Government, on account of the sickly season, which was a prudent step. 1 do not mean that the officers of the squadron did not comply with their instructions, but it was known at Havana that the neighbourhood was for some time deserted by them. The Americans carry on some trade in the Gulf of Mexico, and their remittances from that quarter, are made both in produce and specie. Q. On hearing the general complaint of the merchants, did you make any inquiry as to the disposal of the force under Commodore Porter, and what was the information received ? A. I did inquire on one or two occasions when vessels touched there, and was shewn the instructions to go to the Gulf of Mexico to protect the commerce, and touch at different ports there. Q. Did you know any thing of the nature of Commodore Por- ter's instructions ? A, I know nothing of them. Q. Was the conduct of those officers who refused to take specie,, approved of or censured by the merchants ? J. Much approved of. Q. When the merchants complained of the want of protection, did you inform Captain Porter or any other officer, of those com- plaints ? .0. I did not inform Captain Porter, as I believe he was at that time in the United States, nor do I think I made any formal com- munication on the subject, as I thought it was unnecessary, as I bjelieved every officer would do his duty ? Q. Was the conduct of those officers who carried upeoie di-np- urovi-i! t >r .' . /. ^ -. it was. (I. I'l-l vim 'it, or in any manner aid in procuring specie, to be carried in the public \ ./ I ii i\ o ilone so. < By the expression in your letter of October 30th. " the thirst for making money prevails with others as well a. those of th- i-la:i;l of Culi. i, " ditl \ou mean to apply it to the officers gene- rally, or to any parliciiUrly ? Jl. That expression was not originally used by me, it was the general cry at Havana, and I understood it to apply to all i- who h. id any tiling to tin with the transportation of -; The Court then adjourned till 11 o'clock, to-morrow mon THI'KSDAY, MAY 19-rn. The Court met pursuant to the adjournment of yetor>lay : pre- -ent ^ocate submitted to the Court ;t from the Navy Departm nt. \\hiijh b annexed to the record, and marked (K.) Tin- Court then adjourned to meet at >'* Hotel, in the of Washington, at one oVIork to Tin; (.'onit njft .it Ci fMy's Hoti-l. pur-uant to the adjourntm-nt of this mornini: : present as before ; and adjourned to meet at the ,-,iine place to-uiorrow moniinu;. at 10 o'clock. FRIDAY, MAV 1' The Court met pursuant to adjournment of \ .,< licfore. The .liiil^t- ,\'l\ .n-.ii. 1 read and submitted to tii- ' sundry document-, ,.v. winch were read and annexed t- t! cord. The rr;t.!mi: of them continued until after 3 o'clock, and the Court then adjourned till to-morrow morning, at 9 o'clock. . URDAY, MAY 21sr. The Court met pursuant to the adjournment of yesterday : pre- sent as before, and proceeded to the consideration of the report to de to the Department. At threeo'clock, the Court adjourned till 1- o'clock, on .Monday. MONDAY, MAY 23o. The Court met pursuant to the adjournment of Saturday, and proceeded to the further consideration of the report, which was agreed upon and -liined, and annexed to the record. The Court ad- journed till to-morrow morning, at ten o'clock. 84 TUESDAY, MAY 24. The Court met pursuant to the adjournment of yesterday. The Judge Advocate was instructed by the Court to transmit the record to the Department, and inform the Secretary that the Court, having finished the business before it, awaited his further orders. A com- munication was received from the Secretary dissolving the Court, annexed and marked (L,) whereupon the Court adjourned sine die. (I-) To Captain ISAAC CHAU.\CEV, President of the Court of Inquiry, now silting at the ./Vary Yard, Washington. I have received the letter of the Judge Advocate, transmitting the proceedings of the Court, in relation to the landing of apart of the Naval Forces, under the command of Captain David Porter, in the is- land of Porto Rico, in November last. I am also apprised, that Captain Porter has entered his protest against the competency of the Court, and declined taking further part in its proceedings, and that it has nothing before it. Circumstances, connected with the inquiry into the manner in which the Naval forces of the United States, under the command of Captain David Porter, were employed in the suppression of pi- racy, render it expedient that that inquiry should not fail or be defeat- ed, because the officer who requested it, does not think proper to pursue it before this Court. You are therefore hereby directed to proceed in the inquiry indicated in the precept, according to its terms, notwithstanding the objections taken by Captain Porter. You will inquire into the manner in which the squadron under the command of CaptainPorter has been employed, duringthe period of his command, and report to this Department the facts ; and whether the said forces have been employed in the suppression of piracy in the most effec- tive manner in which they could be employed, in conformity with the orders and instructions from this Department ; or whether they have been engaged in objects of inferior moment, to the injury of the public service : all which you will transmit to this Department, to be submitted to the President of the United States, for his consid- eration. Herewith, you will receive a list of the witnesses to whom or- ders have been given to report themselves to the Court, and such documents as appear to be connected with the subject of inquiry, shall be transmitted as soon as they can be prepared. Should it appear, in the progress of the investigation, that other testimony within the control of the Department will be required, it shall be furnished with as little delay as practicable. Given under my hand, and the seal of the Navy Department of the Uni- . - ted States, at the City of Washington, this tenth day of May, in the " ' year of our Lord one thousand eight hundred and twenty-five, and of the Independence of the United States the forty-ninth. SAM. L. SOUTHARD. (K.) To ISAAC CHAVIVCKY, Etq President of the Aara/ Court of Inquiry, now in Sesnon at the .Vary Yard at Washington. Sin: I have received a letter from Richard S. Coxe, Esquire, Jud^e Advocate of the Court, dated the 18th mst. in which he in- forms me " that the Court has completed the examination of all the witnesses who have appeared before it, and inquiring whether any objection exists to the adjournment of the Court to some other place more convenient than the Navy Yard, for the comple- tion of the business. " It is not perceived that any inconvenience or impropriety can re- sult in the present situation of the business before the Court, from a change in the place of meeting. You are therefore hereby au- thorized. should the Court consider it expedient BO to do, to adjourn to any other public place within the limits of the City of Washing- ton, taking care to give proper notice of the change, and hereafter to hold your meetings at the place to which you shall have adjourn- ed. i am, rcMM-ctfully, &c. SAM'L L. SOUTHARD. NAVY DF.rARTiiF.frT, May 19/A, 1893. WAVT DEPARTMENT, May 24. SIR : The letter of the Judge Advocate, of this date, transmit ting the record of the proceedings of the Court of Inquiry, in the jf Captain David Porter, has been received. The Department has no further documents to communicate. The ' '"';rt is, therefore, hereby dissolved, and the officers composing it will resume their respective stations. 1 am, very respectfully, sir, your ob't servant, .-\M'L L. SOUTH AKL). Com. ISAAC CIIACXCET, President Court oj Inquiry. To ISAAC CBAVNCEY, Esacme, Captain m t/ie ./Vary of the United States: It having been made to appear to the President of the United - . that on or about the fourteenth day of November, in the year of our Lord one thousand eight hundred and twenty-four, David Por- ter. Ksquire, a Captain in the Navy of the United States, then in command of the Naval forres of the United States in the West Indies and Gulf of iMexico, dtd, with a part of the military t<>rro under hi command, forcibly land upon the inland of Porto Rico, a part of the dominions of his Catholic Majesty the King of Spain, then and still at peace and in amity with the Government of the United Stat^-. and did then and there commit acts of hostility within the territories and against the subjects of the id King of Spain. The President of the United States has deemed an inquiry into the conduct of the said David Porter on that occasion, a-; well as into the causes which led to the same, to be necessary and proper. 86 And whereas certain representations have been made to the Government of the United States, in regard to the employment of the Naval forces of the United States, in the West Indies and Gulf of Mexico, setting forth in substance, that in the jear one thousand eight hundred and twenty-four, the said Naval forces were not em- ployed in the suppression of piracy in the most effective manner, but were employed in the transportation of specie and in other ob- jects of inferior moment, to (he neglectof the public interests, and the said David Porter considering his conduct and character, as the commander of said forces to be thereby implicated, has requested of this Department that an inquiry* be made into the truth of said representations. The President of the United States, in consideration of the pre- mises, has charged me to convene a Court of Inquiry for the pur- pose of examining into the matters aforesaid. You are therefore hereby ordered to proceed to the Navy Yard at the City of Washington, on or before the second day of May next, to act as a member of said Court, and to officiate as the President thereof. Orders are also transmitted to Captain William M. Crane, and Captain George C. Read, to appear at the time and place aforesaid, and Richard S. Coxe Esquire is also appointed Judge Advocate, and will report himself to you in that capacity at the time and place aforesaid. And the said Court is hereby required to convene and organize at the said Navy Yard at Washington, on the said second day of May, and is authorized and directed to summon before it such per- sons as may be deemed necessary to give information touching the matters aforesaid ; and is also empowered, authorized and directed, diligently and strictly inquire into the said matters, to make a state- ment of the facts in relation to the same, as they sh;dl appear to the Court, and particularly to examine into and report the causes, which led to the conduct of the said David Porter at the island of Porto Rico before mentioned, and to ascertain and report whether the Naval forces of the United States were employed in the most effec- tive manner in the suppression of piracy, or in objects of inferior moment, to the neglect of the public interests : all which you will transmit to this Department, to be submitted to the President of the United States for his consideration. And for your so doing, this shall be to you, and to all concerned, a sufficient warrant. Given under my hand and the seal of the .Navy Department of the Uni- ,. ted States at the City of Washington, this nineteenth day of April, in '' the year of our Lord one thousand eight hundred and twenty five, and of the Independence of the United States the forty-ninth. Signed, SAM'L L. SOUTHARD, The Court having maturely deliberated upon llie precept, llic com- munication from tin- honourable tin- 3 ,,:Y OK in dated the tenth instant, and the evidence. which has been submit' toil, HL;rt.i_' in th: following :-.T : Tin- Court, in obedience to the precept and instructions of the ho- nourable th<- Secretary of tin- Navy hiving inquired into the manner in which trio squadron under the command of CapMin I'orter lias been employed, dnrini; the period of liis command; and whether the said forces have heen employed in tin- snppiession of piracy, in the most effort ive. manner in which they could be emplo\rd, in conformity with iers and instructions from the Department of the \.i\\, or whether they have hem enL f ai:ed in ohjrrts of inferior moment, to tin: injury of the public service; and h ivini: maturely considered tl; umony which has been laid before tin- Court, reports the following stati-mi'nt as the result of this investigation : It n the Court, that in the . iar.y hail orjani/ed int-i i -ystem in the West-India se^s, pr<'\iui: upon the 'uaunenv nf i'\'iy cnnntry trading: in that quarter.^ 1 ) In con^e- tjnence of these t\ns<(^. an act of ('on^rr^ uly in the succeediiiL 1 authorizing an additional naval mm; for i(> up- on." This law appe Hi to h:tve bt-t-n acti-d upon in both II wiih great promptness, f'J y and to have been approved on the 'JOtli 15v tliis art the sum of $ir>0,000 was appro- i for the purclnse and constrnrt'uui of Is ;is mi-^ht be dei-mi-d ^uiiabl-- for that particular object, and to fit and rrmip them for imniediat. SM v In the preparation of this force, Commodore Porter was personally and actively employed, ind sacli despit^h w:is iKt-d,that on the IJlh j'lailron, consisting of i\: P '; sloop of war, the t (lull, the (irevhonnd of ti."> ton<, (In- 17"' tons, the Ferret of.M tou<, the Fo\ ol'.". 1 tmi>. the J.trkall of 47 CdnS, the Wild Cat of I, t,,n^, th- 1 'V< ions, tlie \Vea/f-l of : s.the Beagle of ~>2 tons, aud the ship Decoy, sailed from Hamp- ton Hoads. The instruction* from the lion. Smith Thompson, thf Secretary' of the Navy, to Commodore Porter, dated February 1 , . .te the s for which the squadron under his command !; -quip- ped, ami the directions he w.is to pursue in the attainment of tho-e ends. These objects apfiear to be the su| ,-iracy the !in the snpj,r>-s.ion of the slave trade, and the transpor- lation of -pi-i-ie to the t'nitrd ^ In these instructions it was specially enjoined upon Commodore '1)1' roiinrrsv, of l>, r '. -. K t iVmn the Jo'irn-ils ol t.o'li ! (3) An nnili.ii i '4J - 88 JPorter to observe the utmost caution, in protecting our commerce against all unlawful interruption, and in guarding the rights both of persons and property of the citizens of the United States, not to encroach upon the rights of others, and to conduct himself in his intercourse with any foreign power with as much moderation and for- bearance as is consistent with the honour of the country and the just claims of its citizens. The cultivation of harmony and a good under- standing with any foreign naval force engaged in the suppression of piracy, is strongly recommended. The establishmet of a depot at Thompson's Island or Key West, is likewise directed in the exercise of a proper discretion. It is particularly enjoined by the Department upon Commodore Porter to announce his arrival and object to the authorities of the Island of Cuba, and to obtain as far as practicable their co-operation, or at least their favourable and friendly support. Another subject to which the attention of the squadron is particu- larly called, is, the protection of the convoy of specie from Vera Cruz and the Bay of Mexico, generally, to the United States. One vessel at least, is directed to be kept on this service, to be at or near Vera Cruz, during the healthy season of the year, and to be relieved as occasion shall require, both for the convoy of trade and to bring spe- cie to the United States, confining the transportation to the United States only. On the 26th February, Commodore Porter issued his general in- structions to his different officers, for their direction and government. These instructions are in substance a transcript of those received by him from the Department, more minute in their details, but varying iVom them in no essential particular. The principal object of the expedition being the suppression of piracy, which had assumed, in the seas designed for the sphere of his operations, an appearance of system and organization, and an extent \yhich required the utmost vigour and vigilance to break it down, Commodore Porter appears, from the moment of his appointment to the command of the squadron, to have devoted his attention most zealously to the accomplishment of that object. After arriving in the West-Indies, and dividing his force into separate detachments, they were despatched in various directions in pursuit of pirates and piratical establishments. The letter from Commodore Porter to Mr. Warner, the American- Commercial Agent at Havana, dated "off Matanzas, March 26th, 1823," affords a brief sketch of his proceedings to that date. He says, <( I am now bound into Matanzas to wait for the boats of this ship, (the Peacock,) which, with the greater part of the crew and some small sch'rs, have been near a week absent among the Keys on the south side of the Old Streights. We have examined all the Keys on the other side, and have thoroughly sounded the north side of Porto Rico, St. Domingo, and Cuba, as far down as Cayo Confites. I have sent small vessels down the north side of these islands, to examine every place where a pirate would be likely to be found, and have 89 Despatched the Shark to scour the coast from Caraccas to La Vera Cm/.. I liavc mail' the most of the force under my command." The instructions to Lieut. M. C. Perry, dated at Aguada, March llth, 1823, sufficiently show the nature of the service on which the Shark was specially despatched to the Gulph of Mexico. The report made by Commodore Porter to the Secretary of the jVivy, under date of the 28th March, 1823, exhibits a view of the difficulties to which he had been subjected, what had been done up to that period, and the employments of his squadron. About the beginning of April he arrived at Thompson's Island or Key West. In addition to the more active operations of the squadron in the accomplishment of the objects of the expedition, communications were made to the constituted authorities, in obedience to the instructions from the Department ; the objects and designs of the Government were fully and distinctly announced, and the co-operation of the local authorities requested. (5) A good understanding appears to have been assiduously cultivated with the commanders and officers of a British squadron at that time in the West Indies, which successfully furthered the objects in view, and was productive of mutual advan- tage. (6) It appears that when Commodore Porter tailed from the United States, several vessels of war were cruising in the seas to which he was destined, to whom orders were despatched to report themselves to Lim, and to place themselves under his command, to aid in the execu- tion of the duties enjoined on him. This, however, did not take place, and the immediate consequence resulting from their absence was the inability of Commodore Porter, with the force at his disposal, fully to execute all the objects which he had contemplated. The ex- planation of this circumstance is given in the letters from the Secre- tary f the Navy of June 7th, 1823. During the continuance, however, of this state of things, the ope- rations of the squadron were necessarily more limited than had beeo originally designed ; and a portion of the vessels, instead of being ac- tively engaged in pursuing pirates into the different haunts in which they took refuge, were diverted from this object, for which they were specially equipped, to the not less important oue of affording convoy to merchant vessels. In consequence, also, of the very limited number of men attached to the squadron, it became necessary to have the Peacock sloop of war and Decoy laid up at Key West, and their officers and crews were em. ployed for a time in the smaller vessels and barges. A port 0:1 of the force was, also, necessarily occupied in tin- rn-ction of suitable build- ings, and in preparing the island for the reception and accommoda- tion of the forces employed in the expedition. These various cii- cuncstances did unquestionably operate to divert the squadron from the suppression of piracy ; but it appears to the Court that the afford- ing of convoy to the merchant vessels, and the preparing accommo- ''>.) Letters to the Governors of Cuba and Porto Rics Correspondence with British O(fieT?r 52 90 dations at the island, cannot be considered as objects of inferior mo- ment, or which the public service would permit to be lost sight of, di 1 even postponed. It likewise appears to the Court, that from the period that this squadron arrived in the West Indies, the pirates changed, in a great degree, both their character and their haunts. Instead of cruising in open day, in vessels of considerable magnitude, they abandoned this open and avowed system of piracy, and for some considerable period of time, until a new system of operations could be organized, either entirely disappeared, or resorted to new places for the carrying on their depredations. Immediately upon the arrival of Commodore Porter at Thomp- son's Island, he commenced the necessary works on shore, and an ex- pedition was prepared and despatched under the command of Capt. Cassiu, in quest of a supposed pirate, who had been seen a few days previous in the neighbourhood of the Island of Cuba. The reports of Lieut. Stribling, who succeeded in effecting in a very gallant manner the capture of the vessel which had been the object of suspicion, dated the 8th April, 1823, of Capt. Cassin of the 9th of the same month, and of Com. Porter of the 16th, exhibit a full and correct ac- count of their several operations during the intervening period of time. The peculiar character of the service in which the squadron was employed, has been fully detailed in the reports made to the Depart- ment and in the testimony submitted to the Court. A large por- tion of the officers and men was employed in the small schooners and in open boats in a severe climate exposed to the heat of a tro- pical sun by 'day, and to the not less dangerous dews and exhalations at night. The vessels themselves, from their size, were destitute of suitable accommodations, and the operations in which they were en- gaged necessarily imposed incessant fatigue and constant exposure. One fact may be deserving of particular notice, as exhibiting a speci- men of the nature of this service. It is in evidence before the Court, that Lieut. Platt was employed for sixty-eight successive days in an open barge, on the North- West Coast of Cuba, in the examination of the inlets, bays, keys, and other places of piratical resort. Two of the schooners were occupied in giving convoy off the Havana, which were relieved by others whenever required. The barges under Capt. Cassin were engaged in a laborious and critical search after pirates and piratical establishments ; and during this period all the dispo- sable force under the command of Com. Porter appears to have been actively occupied in the important objects entrusted to his care. On the 24th April, Commodore Porter, after detailing the circum- stances attending an expedition in which he had been engaged, states his belief, that there was not at that time a pirate afloat on that part of the Coast of Cuba (Matanzas) larger than an open boat, and even that is doubtful. About the same period, Capt. Cassin was employ- d in the Fox, and with the barges, in a careful examination of all that part of the Coast of Cuba to the westward of Havana, through the reefs, and in the inlets ; in the course of which two piratical 91 vessels were pursued and captured, and their establishments on shore, consisting of live huts^ destroyed the pirates themselves suc- ceeding in effecting their escape, in consequence of the nature of the ground, which rendered a continuation of the pursuit on shore im- practicable. On the 10th of May, Com. Porter reports his proceedings during the intervening time, and the operations in which the squadron were then engaged. The result was " the capture of a piratical schooner and a very fine felucca, the destruction of one on shore, the burning of three schooners in the Rio Palmas, and about a dozen houses in the different establishments to leeward of Bahia Honda, and inside of the Colorados reefs ; and what," he continues, " will be of no little importance in all our future operations, a most thorough and in- timate acquaintance with the whole line of coast fromCayo Blanco, in the east, down to Cape Antonio, in the west." Another expedition was immediately despatched under the com- mand of Lieut. \\";I!M'II, \\ ho, after a strict examination of the coasts ami islands from Cayo Francis to Cayo Blanco, in the vicinity of ' 1 1 yen cos, discovered In Siguapa Bay a piratical schooner, which, after a gallant action, peculiarly destructive to the pirates, he succeeded in capturing, without having sustained on his part the slightest injury. Jli- report of the expedition, dated July llth, contains a narrative of the circumstances During the same period, two of the schooners, under the command of Lieut. Skinner, were engaged in giving convoy from Havana ; two were careened at Thompson's Island ; and such was the want of men that it became impossible to man all the barges, some of which were, consequently, laid up. On the liih May, the Peacock sailed from Thompson's Islam!. to relieve the Shark in the Gulf of Mexico, in pursuance of tho instructions of the 7th May. The particulars of this cruise are detail- ed by Captain Cassin in his testimony before the Court. So successfully had the squadron during this period accomplish- ed the objects for which it had been sent, that, on the 19th May, Com. Porter felt himself authorized to state to the Department that " not a single piratical act had been committed on the coast of Cuba since he had organized and arranged his forces." On the 22d of the same month, he states that be is " left at Thomp- son's Island alone with the Sea Gull, one small schooner being engag- ed in the protection of commerce off Havana ; another at Matanzas; two coming in for repairs, and all the others cruising for pirates on the south side of Cuba, and in the Old Streights of Bahama." Early in June, accounts having been received that a piratical schooner had captured two vessels on the south side of Cuba, the Grey Hound, under command of Lieut. Kearney, was despatched in pursuit ; whose report of his cruise is dated August 10th. At this period, such was the incessant occupation of the squadron under command of Commodore Porter, so widely dispersed, and such its deficiencies in strength, that he was compelled to discontinue for a time the practice of giving convoy off Havana, and to bestow 92 a more undivided attention to the pursuit and destruction of pirates.- The continual presence of a vigilant force had rendered the north coast of Cuba comparatively safe from their depredations, and they had retired to other scenes, into which it became necessary to follow them. On the 14th June, Lieutenant Newell, in the Ferret, sailed on a cruise to Trinidad, on the south side of Cuba. In the course of a few days, he fell in with an armed.piratical barge, and captured two boats, the barge escaping up a lagoon in which it was impracticable to continue the pursuit. The particulars of the expedition appear in his report of June 25th. In July, the Grampus, under the command of Lieutenant Grego- ry, arrived at Thompson's Island, and joined the force under Commo- dore Porter : the details of his previous operations appear in his re- port of the 3d July. Lieutenant Ritchie was then despatched to the coast of Yucatan, under orders of July 8th, to ascertain the situation and character of a supposed piratical establishment in that quarter ; and on the 29th August reported the circumstances of his expedition. Shortly after the transactions that have been detailed, the yellow fever made its appearance at Thompson's Island, and in the squadron. The fatal consequences are stated in the report made by the Secre- tary of the Navy to the President of the United States, under date of the 21st September, 1823, and in the reports of Commodore Rod- gers, and the Physicians who accompanied him to make an examina- tion ofthe island, annexed to the record. Commodore Porter himself, by authority of the ^Department, and suffering from the effects of an attack of the fever, left the West-India seas, with a considerable por- tion of his foice, and returned to the United States, as a necessary measure for the restoration of the health of the squadron. To such an extent had this disease carried its ravages, that it was considered prudent to direct the John Adams and Peacock to keep in company during their homeward route, for the purpose of affording mutual pro- tection. The general result ofthe operations of this season may be found in the report made to the Department, by Commodore Porter, on the 19th November. In this paper, it is stated that, " on the arrival of the squadron at Cuba, piracy was found in full force : but by the extraordinary activity and diligence of the officers and men under his command, it was in less than two months as effectually suppress- ed as it will be for several years." It is further stated, " At present I have no knowledge of the existence of any piratical establishment, vessels or boats, or of a pirate afloat in the West-Indies and Gulph of Mexico. They have all been burned, taken, destroyed, and driven to the shore." In reviewing the operations of the squadron during this period of time, it appears to the Court that Commodore Porter, and the forces under his command, were fully entitled to the high commendations bestowed on them by the Department, in the letter of the 28th Oct. 1823. 93 During the absence of Commodore Porter in the United States, the evidence before the Court throws but comparatively little light upon the general operations of the squadron. By the instructions from the Department, of October 28th, Commodore Porter was directed, if the state of his health would permit, to take upon himself the general superintending direction of the equipment of the vessels of his squad- ron, then at Washington and Norfolk. It appears that the Peacock, John Adams, Sea-Gull, Beagle, Grampus, Wild Cat, Weazel, and Porpoise, were in the United States during different portions of that time, undergoing repairs and recruiting their crews, ai.J as soon as they could be equipped, most of these small vessels resumed their sta- tions, and returned to the accomplishment of the general duties enjoin- ed on them.(7) Commodore Porter sailed in the month of February, in the John Adams. From the testimony of Captain Dallas, and the report of Commodore Porter of April 8th, it appears that she touched ;n St. Bartholomews, St. Christophers, and St. Thomas ; examined the south coast wf Porto Rico, looking in at the Dead Man's Chest, and Ponce, touching at Mona, St. Domingo, Brata, and Kingston, making diligent inquiries and examinations for piratical vessels, and offering convoy and protection to vessels of all nations from piratical aggres- sions." By the letters of the Secretary of the Navy, of May 17th, 1824, and May 31, 1824, it appears that considerable difficulties and de- lays in preparing an additional force had been experienced. This arose from the Kite period of the session of Congress at which the appro- priation bill was passed. It became impossible, before an advanced period of the season, to commence preparing those vessels which it had been designed to unite to the squadron. It is to this circumstance that the unexpected absence of the Hornet and Porpoise from tin- U < >t-India seas is attributed. During .the month of April, an expedition was detached under command of Captain Wilkinson, in quest of pirates, and the report of that officer, dated the J Hl of that month, details his operations. Lt. John H. Lee, with the Jackall and Wild Cat, sailed on the 2G(h April, and on the 12th May reports the circumstances attending his cruise. The John Adams was despatched to theGulph of Mexico, and her op- erations in that quarter arc stated in the testimony of Captain Dallas. The Sea Gull, Terrier, Spark, Grampus, and Ferret, appear to have been in the neighbourhood of Cuba and Thompson's Island, furnish- ing convoy, and engaged in the pursuit of pirates. On the 28th M.i\. Commodore Porter informs the Department that the fever had made its appearance at Thompson's Island, and that he purposed removing the principal part of his forces to the north, about the mid- dle of the succeeding month. This letter appears to be the only noti- fication sent to the Department of such intention, and it was not re- reived at Washington until June 'Jith. the day on which Commodore Porter reached the same place, on his return from the West Indies, (7) General Orders, of !Sov. 8, 1823. Letter from the Secretary of the >'avy, Dec. 3, 1C^3. 94 as appears by bis letter of the 2ath of that mouth. On the 19th he is directed to despatch the Shark, Grampus, and Spark, to their station, as speedily as possible, and they, as well as other vessels, received orders to that effect. On the 14th October, the Secretary of the Navy informs Commo- dore Potter that " it is deemed expedient by the Executive that you return as speedily as possible to your station in the John Adams." On the 21st October he was again ordered to repair to his station, and on the 24th of the same month he proceeded to sea in the John Ad- ams. Immediately after his arrival in the West Indies, the occurrence took place at Foxardo, which has already been fully detailed in the report made by this Court in the first branch of the inquiry directed to be made, and which is considered as wholly unconnected with this investigation. A minute examination was again made of the south coast of Cuba, which being effected, the John Adams repaired to Thompson's Island. An expedition was immediately organized, and proceeded, under the command of the Commodore in person, in quest of pirates. Before his return from this expedition, orders were re- ceived, dated the 27th Dec. directing his return to the United States, with which, as soon as the officers and men of the John Adams engaged in the last mentioned expedition returned to their vessel, he complied. Atthe time that Commodore Porter leftthe West India seas in June, 1824, the schooners Ferret and Terrier, with a barge, were left to cruise between Thompson's Island, Havana, and Matanzas, and they appear to have been actively occupied during his absence in giving convoy from Havana and Matanzas, and in exploring the neighbouring coasts for pirates. Other vessels occasionally arrived in that vicinity during the same interval, and were, for periods of different length, em- ployed for the same objects. The Beagle was engaged in cruising and giving convoy in various directions in the neighbourhood of St. Tho- mas, and appears to have kept that quarter perfectly safe from pirat- ical depredations. In another quarter the Weazel was accomplishing the same ends. The absence of many of the officers engaged in the Squadron dur- ing the symmer of 1824 the want of official reports of their sev- eral operations, and the withdrawal of Commodore Porter from any participation in the investigation, have rendered it impracticable to detail, with as much particularity as could be wished, the daily move- ments of the various vessels. A reference to the orders annexed to the record will show, in addition to the statements already made, the duties respectively assigned to them. So far, however, as the evidence reaches, it appears to the Court that the force was judiciously distribu- ted and actively engaged. The testimony which appears to conflict most with this statement is that of Messrs. Randall and Mountain, which will be found in the record. Mr. Randall appears to have been in the Island of Cuba, with the exception of a short interval, from the 3d May until the 9th No- vember, 1824. During this time he was much occupied in attend- ing to the general duties of his mission ; part of the time sick, and dur- 95 ing the whole of it in a situation to hear all the rumors which might be in circulation in regard to piratical depredations. Most of the information which he has communicated, appears to have been derived from the representations of others; and however implicitly the Court would feel disposed to rely upon the accounts given by that gentleman of facts which fell under his immediate notice, it cannot extend that confidence to others, without some proof of the means they possessed of acquiring exact informa- tion, and the credit to which their statements arc entitled. It is in evidence before the Court, that false and exaggerated reports of piratical aggiessions were frequently circulated, and sometimes, as the wiiiesse have believed, for the express purpose of drawing on' the attention of the squadron from scenes in which real danger existed. It also appears that such was the char- acter of the vessels or boats in which at this period the pirates sallied out from their haunts such the facilities afforded to these marauders by the in- habitants of Cuba, and the imbecility or inactivity of the constituted author- ities, such the ease with which pursuit could be evaded by retiring to the hore, that Mr. Randall has expressed a decided conviction, in the correct- ness of which no doubt is entertained by the Court, that no naval force, how - ever large, or however vigilant, could of itself ensure safety from these free- booters. Tlie evidence of Mr. Mountain is also in a great measure founded upon the representations of others. So far as this witness speaks of the absence I'KM-veral weeks at a time of t he vessels of the squadron during the summer -t,w idiout giving convoy at (he Havana, the allegation is not sustained either by the testimony of Mr. Randall or that of the officers at that time in the neighbourhood of Cuba. The former specifies the times of the ariival and departure of the various vessels of the squadron throughout the entire summer, so far as they fell under his own observation; the latter detail the general business in which they were severally occupied ; and the Court has been unable to detect, in the testimony of eitfTer, the period of time to, which Mr. Mountain's assertion can apply. So far as regards the alleged em- ployment of the squadron in other objects of inferior moment, the Court is desirous of separating that part of the case from that which is connected with its general operations, and to state in detail, so far as they have been giren in evidence, the facts which have transpired. It appears to the Court, upon a careful review, and after a deliberate consideration of all the testimony that has been submitted to it in regard to the manner in which the squadron under the command of Commodore Por- ter was employed during the period of his command, that every thing was done towards the suppression of piracy, which could be accomplished with a force of that description, and of such limited strength. The number of men employed was small, and the greater part of the vessels engaged qual- ified only for a particular kind of operations. Their inconsiderable size ren- dered it impracticable to carry either provisions or water, for any length of time: repairs were frequently required, the stores were furnish^) from the United States, and the cruises, therefore, necessarily of short duration. (8) It appears also that the confinement of the officers and men in the schooners and barges, upon the cruises and expeditions iu which they were unremittingly occupied, exposed both by day and night to the baneful influ- ence of a noxious climate the necessities which drove them continually to Key West for the purpose of repaiiing the vessels and procuring supplies, combined to engender and add virulence to the malignant diseases which (8) Letter from Com. Porter, Dec. 21st, 1812, to Purser Thornton. Letter from the Secretary of the Navy to ihc Naval Committee of ihe M of K. of December 21, 1S24. 96 broke out and proved so destructive to life, compelling for two successive seasons the return to the United States of a large proportion of the squad- ron. Under these circumstances, it appears to the Court that the officers and men have eminently entitled themselves to the commendations which they have re- ceived. Commodore Rodgeis, in his report dated November 24, 1823, observes, with ample means of judging, that " the vessels particularly purchased for the suppression of piracy, have done all that could be reasonably expected towards its suppression : indeed, they have searched every nook and corner on the whole Coast of Cuba from which a pirate might be expected to issue ; and besides capturing and destroying all that could be identified as being of that character, they have made impressions not to be erased from the minds of such monsters, so long as we keep a respectable force in their neighbourhood, in readiness to chastise those whose temerity might induce them to renew their depredations, and which, in the present state of things, notwithstanding the scourging they have received, would be the case in the absence of such a force as I have des- cribed." Captain Finch has stated in his testimony, that when he left Matanzas, in June, 1824, in company with Commodore Porter, he did not think there was any appearance of piracy in that quarter ; and that a sufficient force was left there to keep it down. "In the then state of things," he continues, " I thought that force as competent to effect the object as a larger one would have been. 1 ' He also states that he recollects but a single authenticated instance of piracy while he was with the squadron. It occurred in the neighbourhood of Matanzas. Lit. Voorhees was immediately despatched in the Sea Gull, in pursuit of the pirat- ical vessel, and succeeded in capturing her in the course of a few hours. Still more recently, the Committee on Naval Affairs, at the last session of Congress, in their report to the House of Representatives on the resolution of the 9th of December, instructing them to inquire into the expediency of providing an additional naval force, and other additional means for the suppression of piracy, state, "That they have had the subjects proposed in the said resolution under their consideration, 'and have made diligent inquiry into the operations of our naval force, which for the last two years has been employed in the Gulf of Mexico for the protection of our commerce, and the suppression of piracy. In this investigation, they feel a satisfaction in stating that the means employed have displayed the vigilance of the Government, and the activity, zeal, and devotion of the officers and seamen who have been assigned to that perilous service ; perilous, not from the numbers or courage of the emnny, but from the deleterious effects of a tropical climate upon natives of a more temperate re- gion. The vessels assigned to this service, were betfer adapted to a short ex- pedition, than to long and tedious cruises. They were too small to afford the room necessary to preserve the discipline and health of the officers and seamen assigned to them : yet they enabled the commander to scour the coasts, to pene- trate into the shoal waters of the creeks and inlets to the veiy margin of the land ; and, in effect, the pirates have literally been driven from the Ocean, and confined to their fastnesses and haunts upon the land. Accordingly, their principal depredations for the last twelve or fifteen months have been confined to occasion- al sallies in boats and small craft, within one or two leagues of the shore. While these depredations have been more limited in extent and number, they have more frequently been attended with the most desperate and sanguinary destruction of the lives of the unfortunate victims.'' Although the suppression of piracy was the principal, it was not the exclusive, object confided to Commodore Porter, and the squadron un'der his command ; nor was the attainment of that end to be accomplished singly by pursuing pirates into their haunts, and the destruction of their vessels and establishments. The general protection to the commerce of our citizens the suppression of the slave trade, and the transportation of specie from the Gulf of Mexico to the United States, were pointed out in the original instructions from the Depart- ment, as subjects requiring special attention. Independently also of these, but 97 Of an entirely subordinate character, and temporary in their continuance, the surveys of the coasts of Florida, and of the adjacent Islands and Keys the negotiation under a resolution of Congress, in regard to the establishment of buoys, lights, &c. in the vicinity of the Bahama banks the protection to be affojde.l to the timber on the public lands in Florida, were likewise com* mitted to the same force. These last mentioned objects are merely referred to, in general terms, to shew the multifarious duties which thin small force was instructed to perform. The others, as they continued throughout the entire pe- riod of the command of Commodore Porter, appear to require a more minute and detailed report. In regard to the general protection of our commerce, it appears to the Court that it was eminently entitled to the attention which it received ; not merely from its general and obvious importance, but as one of the means of suppressing piracy. By affording convoy and adequate protection to private commerce, one of the principal inducements to piratical adventure was removed, and the probability of success hi pursuing and destroying these freebooters increased, should they have the temerity to venture from their haunts. In no one par- ticular does it appear to the Court, that the benefits produced by the squadron in the West India seas, was more widely diffused, or greater in amount. This service, however, is one that can scarcely admit of being illustrated by reference to individual facts. It may, however, be particularly mentioned, that it is in evidence before the Court, that every vessel in the squadron, in addition to her ordinary and specific duties, was engaged in affording convoy on all occasions, and in every quarter ; that Lieutenant Skinner, alone, in the short period which intervened between the 30th March aud the 3d July, gave convoy to about one hundred and eighty vessels. It also appears, by the report of the Secretary of the Navy, to the chairman of the Naval Committee of the House of Repie- sentatives, of December 21, 1K24, that convoy was often declined, rather than submit to slight delays or changes in the course of the vessel ; that insu- rance upon voyages to the West Indies continued unusually low, and that the offices add little, ii" any thing, on account of the risk of piracy. On the whole, it appears to tho Court, that, so far as the amount and character of the force permitted, convoy was afforded to private trade in (he West India seas and .) Orders of May 7th. (c) Testimony of Mr. Randall. 99 quently as one was despatched there, and at the places to which it was sen;," entirely independent of any special view to the transportation of specie. 4//i. That in no one instance was the transportation of specie made any thing more than wholly subordinate, and ancillary to the general objects for which ih* squadron was employed. That iu many instances detailed in the testimony, va- rious officers declined to receive specie on board, when it might have been ob- tained, in consequence of their extreme anxiety to obey the orders which they had received, not to permit this subject to interfere, in any degree, with the gen- eral objects of their cruise. 5th. The Court has not been able to discover a single instance in which Any vessel, on board whieh Commodore Porter was at me time, under any circum- stances, received any specie to be carried on freight. 6th. That the proportion of the freight paid over to him as the Coramander- in-Chief, was paid as the voluntary and spontaneous act of the different officers, who carried the specie, without any provision by law, or any demand by Com* modore Porter himself, but simply in conformity with general custom. The Court has thus, in obedience to the orders of the Department, gone t!ir.n;h the investigation which it has been required to make. The result of >orious inquiry has already been stated in detail. In concluding this re- port, it may be sufficient to add, that the manner in which the squad/on, un- der the rommand of Captain Porter, was employed, during the period of his roinm.ind, appears to the Court to have been highly honourable to him, and to the officers and men employed that the said forces were employed in the sup- pression of piracy in the most effective manner, in which they could be employed, in conformity with the orders and instructions from the Department; and that no part of them was on any occasion engaged in objects of inferior moment, to the injury of th* public service. All which is respectfully submitted. I. CHAUNCEY, President. RICHARD S. CGXB, Judge .IJrotalr. May 23, 100 PUBLIC DOCUMENTS. Extract from the President's Message to both Houses of Congress, at the com- mencement of the second session of the seventeenth Congress, dated Decem- ber 3d, 1822. " A report from the Secretary of the Navy will communicate the progress which has been made in the construction of vessels of war, with other interesting details respecting the actual state of the affairs of that Department. It has been found necessary for the protection of our commerce, to maintain the usual squadrons on the Mediterranean, the Pacific, and along the Atlantic Coast, ex- tending the cruises of the latter into the West Indies, where pira- cy, organized into a system, has preyed on the commerce of ev- ery country trading thither. A cruise has also been maintained on the Coast of Africa, when the season would permit, for the sup- pression of the slave trade ; and orders have been given to the commanders of all our public ships, to seize our own vessels, should they find any engaged in that trade, and to bring them in for adjudication. " In the West Indies, piracy is of recent date, which may explain the cause why other powers have not combined against it. By the documents communicated, it will be seen that the efforts of the United States to suppress it, have had a very salutary effect. The benevolent provision of the act, uuder which the protection has been extended alike to the commerce of other nations, cannot fail to be duly appreciated by them." Report of the Secretary of the Nayy, accompanying the President's Message December 3d, 1822. See page 1S6. Extracts from the Journal of the House of Representatives, second session o^ the 17th Congress, page 21. " 5. Resolved, That so much of the President's Message as re- lates to the Navy and the suppression of piracy, be referred to the Committee on Naval Affairs. Dec. 10, 1822." Page 33. Mr. Condict submitted the following resolution : "Resolved, That the Committee on Naval Affairs be instructed to inquire and report, as early as may be, what further measures are necessary, not only for the more efficient protection of our commerce in the West Indian seas from piracy, but for the entire extirpation of those freebooters, and the punishment of those who may be found to aid and abetthem. Dec. 10, 1822." Page 33. The President's Message to the House of Representa- tives, dated December 6th, 1822 : " Recent information of the multiplied outrages and depredation* 101 which have been committed on onr seamen and commerce by the pirates in the West Indies and Gulf of Mexico, exemplified by the death of a very meritorious officer, seems to call for some prompt and decisive measures on the part of the Government. AH the public vessels adapted to that service, which can be spared from other indispensable utities, are already employed in it ; but, from the knowledge which has been acquired of the places from whence outlaws issue, and to which they escape from danger, it appears that it will require a particular kind of force, capable of pursuing them into the shallow waters to which they retire, effectually to suppress them. 1 submit to the consideration of Congress the pro- priety of organizing such a force for that important object. " Signed, JAMES MONROE." Page 34. " Ordered, That the said Message be referred to the Committee on Naval Affair*. Dec. 10, 1822." Page 45. " Mr. Fuller, from the Committee of Naval Affairs, to which was referred the Message from the President upon the subject of piracy, reported a bill authorizing an additional naval force for the suppression of piracy ; which bill was read the first and second time, and committed to the Committee of the Whole House on the state of the Union. Dec. 13, 1822." Page 46. " The House resolved itself into a Committee of the Whole OD the state of the Union ; and, after some time spent there- in, Mr. Speaker resumed the chair, and Mr. Lathrop reported the bill authorizing an additional naval force for the suppression of piracy, thereto committed this day, with an amendment, which was read and concurred in by the House ; and it was " Ordered, That the said bill be engrossed, and read a third lime to-day. " The said bill being engrossed, was read the third time and passed. " Ordered, That the title be "An act authorizing an additional naval force for the suppression of piracy," and that the Clerk do carry the said bill to the Senate, and desire their concurrence therein." Extract from the Journal of the Senate, 2d MMiort, l~th Congress, page 28, vol. 16, dated 12th December, 1822. " Mr. Rodney submitted the following motion for consideration : " Resolved, That the Committee on the Judiciary be directed to enquire into the expediency of continuing in force the act, entitled " An act to protect the commerce of the United States, and to pun- ish the crime of piracy ;" and also, of making such further provi- sions on the subject as may be deemed proper for the security of our citizens, the safety of our commerce, and the punishment of the offence. 102 From the same, vide page 32, dated 16th December, 1822. "The Senate resumed the consideration of the motion of the 12th inst. for directing the Committee on the Judiciary to inquire into the expediency of making further provisions by law for the suppres- sion of piracy ; and agreed thereto. "Resolved, (page 34,) That so much of the President's Message as relates to Naval Affairs, and the suppression of Piracy, be re* ferred to the Committee on Naval Affairs. "The Senate resumed, as in Committee of the Whole, the consid- eration of the bill authorizing the President of the United Slates to employ an additional force for the suppression of Piracy ; and "On motion of Mr. Van Dyke, " Ordered, That it lie on the table." Extract from the Journal of the Senate, 2d session, 17th Congress, vide page 35, vol. 16, dated December 10th, 1*2.2. " The House of Representatives have passed a bill, entitled " An act authorizing an additional Naval Force for the suppression of Piracy/' " Ordered, That they severally pass to the second reading. *' On motion, The bill, entitled " An act authorizing an additional Naval Force for the suppression of Piracy," was read the second time, by unan- imous consent, and it was taken up and considered as in Committee of the Whole, and no amendment having been made thereto, it was reported to the House ; and Ordered, That it pass to a third reading. " On motion, it was rea< a third time, by unanimous consent. Resolved, That this bill pass. Ordered, That the Secretary notify the House of Representa- tives accordingly. CHAP. I. An ACT authorizing an Additional Naval Force far the Suppres- sion of Piracy. " [SECT. 1.] Be it enacted by the Senate and House of Represen- tatives of the United States of America in Congress assembled That the President of the United States be, and he hereby is, authorized to purahase or construct a sufficient number of vessels, in addition to those now employed, of such burthen and construction as he may deem necessary, and to fit, equip, and man the same for immediate service, for the purpose of repressing piracy, and of affording ef- fectual protection to the citizens and commerce of the United States in the Gulf of Mexico, and the seas and territories adjacent. "StcT. 2. And be it further enacted, That the sum of one hun- dred and sixty thousand dollars be appropriated to meet the expen- diture to be incurred as aforesaid, and paid out of any money in tbe Treasury, not otherwise appropriated. [Approved, December 20, 1825s. 103 The Surtlary of the tfavy to die Prttident of the United States. NAVY DKPARTMKNT, brpt. t\$t 1813. PRESIDENT MOXROE : SIR I feel it to be my duty to represent t yon the following l.tcts, and to request the favour of your opinion re specting the course proposed. On the 17th of this month, by the arrival of the Beagle, at this place, from Thompson's Island, the Department was furnished with reports from the commanding officer, and the surgeons at that sta- tion, up to the 1-t "t x-ptember, by which we learn, that the John Ail.ims ;nd several smaller vessels, were at that place ; that, about the 20th of August, the yellow fever made its appearance, with con- -ult'rable malignity ; that several deaths had occurred, among which, were two Lieutenants, Fotterand Somerville; two Midshipmen, Mar- shall and Uoed ; the captain's clerk, Thomas ; a carpenter, two seamen, a gunner, a cooper, and a steward ; that Commodore Por- ter and twenty-one officers and men, were ick ; the Commodore in a state of great debility, but good hopes were entertained of his recovery. By the arrival of Lieut. Boarman, yesterday morning, we have verbal information to the 8lh of September, when < modore Porter remained much as he was on the first ; between the 1st and the 8th, there had been several deaths, and among them two Lieutenants and two Midshipmen ; and the fever did not in any de- gree abate. All the Surgeons were sick, and four surgeon's mates constitute the whole medical skill at the station. A careful examination of the reports of the sick, and minute inquiries of several officers who have been there, do not satisfy me that the fever originated on the island ; but I incline to the opinion, that the infection may, in every instance, be traced to other places ; but, whether it originated there, or be imported, the destruction of valuable lives is equally to be lamented, and the effects upon the service equally demand attention. Accounts from that place, some of them very exaggerated, find their way to the public print?, and create painiul anxiety with the friends of those who are there, and will, it is to be feared, unices promptly correct- *!. produce feelings in the nation, which will be essentially inju- rious to our important interests in that quarter. The value of that station for the suppression of piracy, and the protection of commerce, is perfectly understood by you. It ought not readily to be deserted. It is very dcMrahjteto save it, ululo we take the most effectual means to protect the valuable lives of our officers and men. It is impossible to leave them there, espe- cially, situated as the commanding officer is, without taking some deci- sive measure for their relief; and, to order their immediate removal, with our present information, would seein hazardous and improper. Two or three surgeons and surgeon's mates have been ordered, and are on their way to the island. And, in order to obtain the best advice in my power, 1 have submitted to Dr. Cutbush, and four other surgeons, now in the city, all the information which 1 could procure ; stated to them the. time within which an order for 104 ral could be executed, and required their opinion on the propriety of attempting a removal of the vessels to some northern port. Their report will be made to me at eight o'clock to-morrow morn- ing, and I shall, probably, send you a copy. Their opinion must, necessarily, be less safe than if formed on the spot ; but it may be a useful aid in determining on the course to be pursued. The plan which I propose for your consideration, and which I shall adopt, if you do not disapprove it, is the following : Prepare the Shark, now at ISew York, to sail to Thompson's Island, as speedily as possible ; send in her one of the oldest and most experienced officers in the navy, with three of the most skil- ful and intelligent surgeons ; direct them, in connection with Com- modore Porter, (if his health will permit,) to investigate thorough- ly the origin, causes, and progress, of the disease ; the nature and situation of the island in reference to health, at this season of the year ; the present state and probable health of the station ; with authority either to retain the vessels there, or, if necessary, re- move them to a nothern port, until the advance of winter shall justify their return to that latitude. The Shark can sail in less than ten days ; will probably take ten more to reach the island ; and a removal may be effected in live more, if it be found necessary. I presume the officers who go out, may return in about four weeks from the time the vessel sails. I believe I should select Commodore Rodgers for this purpose, and have consulted him about it. He approves the plan, and with his usual promptness in the public service, expressed a wish to partake in its execution. The following benefits would result : 1st. The best medical assistance will, in this way, be furnished to the sick, at that station, and many valuable lives may be saved. 2d. The public mind will be quieted by a precise knowledge of facts. 3d. A station, necessary to the objects for which the Government sent out the expedition, will probably be continued and secured. 4th. We shall obtain the safest information to guide us on all fu- ture occasions. I shall be pleased if this plan meet your approbation, and shall make the necessary arrangement for it ; not, however, giving any orders which will create difficulty, should you disapprove it. Please to favour me with an answer by the express. I am, sir, very respectfully, &c. SAM'L L. SOUTHARD. The Secretary of the Nary to Com. Rodgers. NAV* DEPARTMENT, 29/A September, 1823. DEAR Sm : I enclose your orders. You are already well acquainted with the views of the Department, and of the President, in relation to your visit to Thompson's Island, and the motives by which it has been induced. On your arrival there, you will of course, communicate freely 105 with Commodore Porter respecting them, should he still be then-. and in a situation to receive your communications. The uncertain* ty whether he be still li\m<; the anxiety felt by the government and nation for his *afety ; the numerous reports of the sickly stale of the officers and crews of the vessels, and of those who are on the Maud ; and the desire to furnish the most prompt and effectual relief; are among the principal causes which have created the \\i-h that you should undertake the expedition. In its faithful execu- tion, and beneficial result*, I have strong confidence ; and am, dear sir, very iv-pectfully, yours, SAM'L L. SOUTHARD. JOHK RuDGKRg, Esq. Copt. U. S. JVary, President Jfaval Board. The Secretary of the Alary to Commodore Rodgen. NAVY DKPARTKKBT, 29/A September, 1823. SIR : You will proceed, in the schooner Shark, from New-York to Thompson's Island, as speedily as circumstances will permit, taking uitli \<>u Surgeons Marshall, Heerman, Harris, and Wash- ington, who will obey your orders, and render all the assistance in their power in accomplishing the objects of your expedition. It either of them i prevented from joining you before you sail, you will require the attendance of Surgeon Hoffman, or aoy other of the surgeon-, at New-York, to supply his place. If any officers be wanting to make up the complement of the Shark, you will sHert -m l> as are necessary, at New -York. When }ou shall arrive at Thomson's Island, you will investigate, with the utmost care, the origin, progress, and present state, of the sick ness, which prevail* on tin- island, and in the squadron ; the con- dition of all the vessels which are there ; the localities of the sta- tion, in reference to health ; and every matter which may be ne- cessary and proper, to enable you to form a correct opinion, both of the propriety of continuing the vessels at that station, and of it hereafter, during the sickly season. Alter having made the necessary inquiries, you will either take such measures as shall seem proper, in reference to the health and comfort of the squadron, leaving it lehere it it; or you will order it-: v.il, for the present, to Fensacola, Norfolk, or some more northern port. In either event, an early and minute report on this subject, to this Department, is desirable. Uncertainty as to the present state of Commodore Porter's health, fornihe one strong motive for your visit. If his health permits, h will furnish the most safe information and best assistance in accom- plishing your object ; and if the squadron be left there, he will re- main in command, if his health permit, and it be his wish. If bis health require a visit to the United States, you will place some other in command, and make report thereof as soon as practicable. The surgeons who go with you will render to the sick all the aid in their power, consistently with the other duties they have to per* form ; and they will return with you, and join the several Ptatiom 14 106 from which they are taken, reporting to this Department the time of their arrival. You will be at liberty to return in the Shark, Grampus, or any other vessel at the station, which you shall think best for service. It is supposed you may accomplish the objects in view, and return to this place, in about five weeks from the time the Shark sails. I am, very respectfully, sir, your most obedient servant, SAM'L L. SOUTHARD. JOHH RODGERS, Esq. Capl. U. S. JV'ory, President of the Jfaty Board. Com. Rodgers to the Secretary of the Navy. No. I. U. S. SCHOONER SHARK, Hampton Roads, JVbr. 16, 1823. SIR : In the prosecution of your instructions of the 29th of Sept. last, you have already been informed of the time of my departure from New-York, in the United States schooner Shark. I have now the honour to inform you that, on the 23d of Octo- ber, 1 reached Thompson's Island, accompanied by surgeons Har- ris, Washington, and Hoffman, of the Navy, after a passage of seven- teen days, in which we experienced much rough disagreeable wea- ther, it raining more or less every day but one, for thirteen days. On reaching the island, and not finding any of the public vessels of war except the Porpoise, the first objects to which I directed my attention, were, to ascertain the state and condition of the sick re- maining on it ; and, as far as practicable,. the cause or causes which had produced such disastrous consequences to the health of the officers, seamen, and marines, stationed on the island, and on board of several of the vessels, which had previously had access to it as a rendezvous ; for this purpose, I accordingly addressed a letter (of which the enclosed, No. 1, is a copy) to Surgeons Harris, Washington, and Hoffman. By their answer, (No. 2, herewith enclosed,) you will perceive that they do not consider the disease attributable entirely to any one cause, but to a variety of causes, such as they have described. That the reasons which they have assigned are correct, there can be but little doubt ; but to which of them is to be attributed the most powerful agency in producing the disease, is still a matter ot speculation, or, at least, very questionable. The island, it is much to be admitted, does contain localities of a character calculated, when assisted by other causes, and perhaps only slight ones too, to generate bilious, and probably ' malignant fevers : yet I must confess that I still entertain doubts, whether those causes have had, in the present instance, so decisive an agency in producing the late fatal malady, as they may, at first view, seem to have had. From the little experience I have had, my opinion is, that the climate of Thompson's Island is similar to that of the West India islands generally ; that its air is perhaps less salubrious than some, but more so than others ; and that, notwithstanding the objections 107 which may be urged against it, on account of particular detect? aris- ing from its smalt elevation above tin- lev* I of the >,M % tin- i; if its surface, and the in. my -alt ami fre-h water ponds which ~ ml to contain, still, that it is, from ti. of it- IMC hour, and its peculiar station on the map of llu< \V,t t -rn Hednis- phere, too important an object, m a political and commercial point of view, to he suffered to remain unoccupied ami nun-girded ; for, adm ttmg its climate, in its present unimproved state, to he as un- friendly to health as even that of the colony of Surinam, it is, not- withstanding, Mj-i-t ptible of being ?o improved, or, at least, the dangers attending it so much diminished, by artificial means, (such as I will hereafter describe,) ad to render the objections to it, if not harmless, it least comparatively sm ill. Previous to leaving the island, on the 3d inst. I had sent, by the ad- rice of surgeon* ll.irn-i, W.i!im.:i"[i, IIofTinm, and Williamson, {m I have aln-.t-U iiif.Min.-d V>u,, all tin- >ick, :. tlions appeared to require a remove to a more northern climate. Those who still remained at the i-l.md, at the time of my departure, were all well, except tome convalescents, and a few with mild intermit- tent fevers; all of whom, it was believed, however, would be re- tored to health a^ain by tin- return of cooler we iid. i . indeed, for the last three day* previous to our ^uliti^, the wind had prevailed with much force from the north, and had rendered the air compa- ratively much purer, cooler, and exhilt 1.1(1114. than it had been for some days before ; PO much so, as to induce a belief that the sea- son of health had commenced, and thai its salutary effects would be immediately felt by those who have suffered by the long continu- ance of heat. Previous to leaving the I-l.md, I made such arrangements, and saw things placed upon such a footing, as to warrant the most an- guine anticipation of favourable results, and such as might have been expected, had Commodore Porter's health permitted him to continue on the station. For the few changes which I found it necessary to make in the disposition of the several vessels led on the station, permit me to refer you to the accompanying papers 1, 2, 3, 4, 5, 6, 7, fc, 9. With great respect, 1 have the honour to be, sir, yourob't serv't. JOHN RODGEKS. The Hon. SAMUEL L. SOUTHARD, Secretary of <.' t e -Vary, Washington, Doctor* Harritf Washington^ and Huffman, to the Secretary of the ffavy. No. 2. U. S. SCHOONER SHARK, Ttiompton't Itland, OcL 29/ft, 1823. SIR : In conformity with the instructions contained in yoor com- munication of the 24th instant, we have carefully inquired inlo, and deliberately considered, the various points to which you have di- rected our attention. On examining this island, we find that it is of a secon lay calcare- ous formation, and is thinly overspread with a light vegetable mould. 108 The shores are somewhat elevated above the interior grounds, by the surf continually throwing up pulverized shells, which give a concave form to its superfices. It is thickly covered with small trees and shrubbery, principally of the mangrove variety, and gras- ses of several species grow with great luxuriance. So far as our observations have enabled us to determine, we are of opinion that nearly one half of the island is occupied by salt and fresh water ponds. It has been ascertained, that the surfaces of these ponds; are on a level with the surrounding ocean, yet but one of them has any con- nexion with it, by reason of the natural embankments to which we bave already alluded. The purest water of the island is in some degree brackish ; but has not, so far as we can learn, produced any unfriendly effect on the health of those who have used it freely as a drink. During the dry season, which continue? from about the middle of September to the middle of June, many of the ponds either dry up, or shrink considerably within the boundaries to which they are dilated during the rainy season. The surface being thus imperfectly overflowed, presents a mass of vegetable and animal matter, to which the climate adds every other circumstance necessary to give miasm its most powerful effect on the human frame. The gales and retiring tides frequency de- posite on the shores a quantity of sea-weed, which undergoes a rapid decomposition, and thus contributes, in a limited extent, to vitiate the atmosphere. To these miasmatic causes of disease, were added others of equal, if not greater magnitude. They have arisen, 1. From the sudden exposure of northern constitutions to a tro- pical climate, at a period when the ordinary relaxing effects of a change from a cold to a warm season were aggravated by a differ- ence of fourteen or fifteen degrees of southern latitude. From this cause, they were, in the space of two or three weeks, operated upon by an increase of temperature of at least fifty degrees. 2. From the great fatigue and exposure, by day and night, of the officers and crews engaged in the boat service, and from the want of comfortable quarters for those who had encamped on the island. 3. From irregular, and, frequently, intemperate habits. 4. From being often deprived of fresh and wholesome provisions. 5. From the continued annoyance of moschetoes and sand-flies, which deprived the men of their accustomed rest. So insupporta- ble, indeed, became these troublesome insects, that the men were frequently obliged to retire to the beach, where they walked the greater part of the night. Others, we have been informed by the officers of the station, would row off in boats some distance from the shore, and thus expose themselves either to the heavy dews or drenching rains peculiar to this climate. 6. From being operated upon by the depressing passions, arising 109 from apprehension, awakened by the prevailing epidemic, ami by the obvious want of comfort of those who were affected with ill- These fruitful sources of fever will abundantly account for their extent and fatality. Taking into cOMlderatioa the great liability of persons from the higher latitudes, of disease, when even slightly exposed to hardships in the tropics, it ought not to be a subject of surprise, that the severely arduous service in which our officers and crews have been engaged, have occasioned so many sacrifices of valuable lives. The squadron under the command of Commodore Porter sailed from Norfolk on the 14th of February, proceeded directly to the West Indies, as far south as St Domingo, and then, returning North, took possession of this island on the 3d of April. The in--; < i-es of fever which presented themselves to the no- tice of Dr. Williamson, the surgeon of the station, were of a bili- ous character, and which readily yielded to the agency of medicine. tlie 20th of April, a servant in the family of Mr. Symington, 'lacked with yellow fever. With the exception of this case, bilious fever continued the prevalent disease until early in June, \vhen it assumed, in many instances, a highly malignant form. Tin* -> now commenced on hoard the store ship Decoy, which wa* rendered uiiliealthful by the impurity of her hold. A quantity of biilUst was put a board from this i-land, containing shell-fish and sea-weed, which, by the heat of a tropical climate, was thrown into a state of putnlactive fermentation. Two of the cases, however, which occurred on board this vessel, were contracted by imprudent exposure to a noon-day heat, in the streets of Havana. About the latter end of July the yellow fever prevailed, with great malignancy, at all the establishments on the island. From the various cau-t> already stated, the disease in very many instan- ces necessarily proved f.ital. The malignant fever continued epidemic until about the first of October, when its t)pe again changed to an intermittent. We have been unable to ascertain the precise number of death*, in consequence of the absence of the medical othcers who li .id charge of the Allenlon hospital. It .ippc.ii-. from the report of Dr. Williamson, that there are fifty-nine persons now sick at the different hospitals on the i We have vi-i ed these establishments, and have found the patient* sinking under the influence of debility, despondency, and the rava- ges of disease. Such of (hem as recover, commonly relapse in the course of a day or two, after being restored to duty. A? in relap- ses generally, each succeeding attack becomes more unm.ma^cahlr. it appears then, that they cannot be restored to perfect ii.-.ilili in their present situation ; and being, in this state, only a burden to the public service, we do, from motives of policy, as well as of humanity, respectfully recommend their immediate removal to a more northern station. We beg further to recommend, that the large brig, now in the no harbour, and which has been already designated as a hospital, should be suitably fitted up for the reception of those who may be hereaf- ter attacked. By anchoring this vessel some distance to the wind- ward of the island, the sick will inhale a pure atmosphere ; will be protected in comfortable quarters ; and, eing without the reach of annoying insects, will enjoy such repose and tranquillity, as are essential to the successful treatment in their diseases. We have the honour to be, very respectfully, your obedient servants THO HARRIS, M. D. B. WASHINGTON, M. D. RICH. K. HOFFMAN, M. D. Surgeons of the Navy. Com, JOHN RODGERS, President of the Board of Nary Commissioners. Commodore Rodgers to the Secretary of the JYai-y. WASHINGTON, JVot. 24, 182. SIR : In my communication to you, of the 16th instant, I inform- ed you that although objections might be urged to the climate of Thompson's Island, on account of the number of salt and fresh wa- ter ponds, and the abundant growth of timber which it contains, yet, even in its present state, and admitting such objections to be well founded, stil! they might be rendered harmless, or, at any rale, greatly diminished, by the introduction of artificial means. By the official repot t of Surgeons Harris, Washington and Hoffman, now in your possession, you have been made acquainted with their opinions respecting the localities of the island, so far as regards the form of its surface, the nature of its soil, timber, and other par- ticulars ; in all which, they have given as minute a description as- the most unremitting attention, considering the length of time they were there, and the means of information afforded them, would admit. These, together with the high reputation which those gentlemen sustain for science and professional skill, leave no doubt in my mind that their report upon the subject has been judicious, and such as the time and circumstances under which they visited tbe island, would seem to point out as being the most safe and discreet ; but, after all that has been said, it must be admitted, notwithstanding their unintermitting industry to find out the true causes of the disease, that they were, alter considering the only facts presented to their view, obliged to attribute it to a variety of causes, and, among the number, those which are known to be inseparable from the arduous nature of the service in which many of the officers and men were engaged, and the consequent exposure to which they were unavoidably subjected. This being the case, you will, sir, at once perceive that it must still remain doubtful, whether the air of the island contributed more, or even as much as other causes, in producing the dis- ease ; for which reason, I am led to remark, that it might be unsafe to condemn it as a suitable rendezvous for our vessels employed in Ill the West Indies and Gulf of Mexico, until we shall have had, under different circumstances, more experience of its climate than we have yet had. As an auxiliary to an extensive and permanent southern naval de- pot, [perhaps at Pensacola] such as a proper security for our com- merce, and the permanent union of the States, seem to render indis- pensable, it will be found, I am inclined to believe, that the island in question will soon become an object worthy the serious attention and consideration of the Government. Nature has made it the advance post from which to watch and guard our commerce passing to and from the Mississippi, while, at the same time, its peculiar situation, and the excellence of its har- bour, point it out as the most certain key to the commerce of the Havana, to that of the whole Gulf of Mexico, and to the returning trade of Jamaica ; and, I venture to predict, that the first important naval contest in which this country shall be engaged, will be in the neighbourhood of this very island. Without further remark on this interesting subject, permit me, sir, to observe, that, whatever objections may be made to the island as a rendezvous, in its present unimproved and uncultivated state, even these may be rendered harmless, or, at least, measurably un- important, by substituting the following description of force, for that now employed in the protection of our commerce in the West Indies and Gulf of Mexico. The Independence 74, depriving her of her lower deck guns, and giving her a crew of four hundred and fifty seamen, ordinary seamen, boys, and marines, with an extra complement of commis- sion officers, and double the usual number of midshipmen ; the sloops of war John Adams, Hornet, and such other vessel of that class as can, from time to time, be spared from other service ; the brig Spark, and schooners Grampus, Porpoise, and Wild Cat, and five or six barges, such as are now at Thompson's Island, for occasional service. The vessels particularly purchased for the suppression of piracy, have done all that could reasonably have been expected towards its suppression ; indeed, they have searched every nook and cor- ner on the whole coast of Cuba, from which a pirate might be ex- pected to issue ; and, besides capturing and destroying all that could be identified as being of this character, they have made im- pressions not to be erased from the minds of such monsters, so long- as we keep a respectable force in their neighbourhood, in readi- ness to chastise those whose temerity might induce them to renew their depredations, and, which, in the present .state of things, not- withstanding the scourging they have received, would be the case, in the absence of such a force as I have described. On the adoption of the before mentioned force, the other vessels, purchased for the suppression of piracy, might be sold ; a circum- stance very much to be desired, as their longer employment would be found not only useless, and dangerous to the health and comfort 1)2 of those employed in them, but subversive of that discipline by which our navy acquired its character, and for which, at one time, it may be said to have stood unrivaled by any other. I have the honour to be, with great consideration and respect, Sir, your most obedient servant, JOHN RODGEKS. To the Hon. SAM'L L. SOUTHARD, Secretary of Ike Navy. Report of the Secretary of the Nary. NAVV DEPARTMENT, December \tt, 1823. The PRESIDENT of the United Slatet : SIR : In obedience to the request contained in your letter of the 10th ultimo, I submit, respectfully, the following statement of the administration of this Department, during the present year, com- prehending the number of vessels commissioned ; the number in ordinary, tit for service, or requiring repairs ; the progress made in building vessels ; with the disbursements of the Department, and the service in which the vessels have been employed ; with such observations on the whole subjert as are deemed proper. Letter 1, from the Commissioners of the Navy, with papers A, B, C, D, and E, which accompany it, exhibit. 1. The vessels of war in commission, with the service in which they are employed. See A. 2. The vessels in ordinary, on the Atlantic board, and on the Lakes, with the state of repairs of each vessel. B and C. 3. The progress made in building, under the law "to increase the Navy of the United States " D. By this, it appears that four ships of the line have heretofore been built, and that five ships of the line, and five frigates of the first class, are now build. ng ; some of which might be launched in thirty days ; and all, except one, in one hundred and twenty days. 4. A general view of the improvements at the several building yards. In some of the yards, additional improvements are now necessary for (heir comfortable and economical administration. 5. The disbursements of the Department during the three first quarters of the present year, up to the 30th September (2.) The disbursements of the year 1822, appear by the report made to Con- gress in the month of February last. It appears that $1,984,520 74 have been drawn from the Treasury between the 1st January and the 30th September, leaving, on the latter day, $2,218,168 66 unexpended of the amount applicable to the service of the year. Of this unexpended balance, a large proportion will be used during the remaining quarter ; and a minute statement of the whole will be furnished to Congress in the annual report required from this Department. On paper A, it is to be remarked, that the frigate Constitution, sloop of war Ontario, and schooner Nonsuch, are in the Mediter- ranean, under the command of Captain Jones. No change in the amount of force, in that sea, has been made within the vear. It 113 has been found competent to all the purposes for which it is main- tained. Our commerce there has been amply protected ; the offi- cers and seamen have enjoyed good health, and no circumstance has occurred worthy of particular notice. While our relations with other powers continue friendly, any large augmentation of lhat portion of our naval force will not be necessary. In the com- ing year, it is not proposed materially to increase or diminish it. The Cyane and Erie will, in a short time, relieve the Constitution and Ontario, that they may return home, discharge their crews, whose term of service will soon expire, refit, and resume their station. For this purpose, the Erie, Captain Deacon, sailed from New York on the 8(h November, and the Cyane, Captain Creigh- ton, will sail in a few days. On the same paper, A, it is to be further remarked, that the Franklin, ship of the line, and the schooner Dolphin, of 12 gun?, are still in the Pacific Ocean, where they have remained for more than two years, under the command of Captain Stewart. By the presence of this force on the coasts of Chili and Peru, depreda- tions on our growing commerce have been, in a great degree, pre- vented, and respect for our interests and flag secured. Capt. Stewart will return to the United States in the course of this winter, or early in the ensuing spring; and, in the place of the Franklin, it is proposed to substitute the frigate United States, and the Peacock, sloop of war, of 18 guns. Such a division of the force, it is believed, will more extensively protect the flag and com- merce of the United States, and permit the commanding officer, with the larger vessel, to be absent from the usual cruising grounds for a short time, should circumstances render such absence necessa- ry. Captain Hull will sail, in a few days, from Norfolk, in com- mand of these vessels. The Cyane, Captain Spence, and the Shark, commanded by Lieut. M. C. Perry, have, for short periods, cruised upon the coast of Africa, to carry into effect the intentions of the government, in the suppression of the slave trade, and the protection of the agency for liberated Africans, established at Cape Messurado. While Captain Spence was at Sierra Leone and the Cape, he fitted out the Augusta, a small schooner, which was found on the coast, deserted and dismantled, and placed under the command of Lieut. Dashiell, to cruise in the neighbourhood of the Cape, with the conviction that its presence was at that time essential to the protection of the Agency, and might be useful in preventing the trail.: in slaves. It still remains upon that coast. During the time that Captain Spence and Lieutenant Perry were cruising;, they neither saw nor heard of any vessel, under the American flag, engaged in the slave trade. If citizens of the Uni- ted States are still employed in that traffic, they seem to have been driven to conceal themselves under the flags of other nations. The agency at Cape Messurado, for receivini; the re-captured and liberated Africans, enjoyed favourable rospecte, until late last 114 fall, when it was assailed by a large body of the natives, and in dan- o-er'of being entirely destroyed. Some of the liberated Africans were killedf in the contest. The extracts of letters from Captain Spence, Lieutenant Perry, and Messrs. Ashmun and Ay res, will shew the manner in which they were able to defend themselves, with the aid of a midshipman and several men belonging to a Bri- tish verisebof war, then in the neighbourhood. The establishment having passed through this trial, now promises to accomplish all the benefits anticipated from it. In order to afford it the necessary protection, and to continue our exertions to repress the slave trade, it is proposed, as the most efficient and economical arrange- ment, that the commander of the West India squadron shall, from time to lime, detach one or more of the vessels belonging to his com- mand, to cruise along the African coast, occasionally touching at Cape Messurado, and ministering to the wants of the people there j and following, in their return, the usual track of the slave ships. Eleven Africans, none of whom could speak the English language, were, some months ago, brought by a Capt. Chase, as mariners, into the port of Baltimore, and were there taken into the possession of the officers of the government, and an investigation instituted into the supposed violation of our laws in introducing them. By means of an interpreter, who understood the languages of all, ex- cept one or two or them, it was, subsequently, discovered, that they belonged fo tribes in the neighbourhood of Messurado,and that eome of them were of the head men of their tribes. It was therefore believed, that their restoration by this Government would produce a salutary effect; and an inquiry was directed to be made through the interpreter, whether they were willing to return to Africa. Such being found to be their wish, they were, in the early part of October, sent to our agent at Messurado, with directions to per- mit their return to their several homes, by the best and moet expeditious means. . So far as the Department is yet apprized of the expenditures for the agency during the present year, they have amounted to $7.287 48 cents. On the western side of the Atlantic ocean, and in the GuK of Mexico, the operations of our naval force have been more active. Several vessels were in commission there, at the close of the last year. To these were added, under the authority o the law passed at the last session of Congress, " authorizing an additional naval force for the suppression of piracy " the Steam Galliot Sea Gull ; eight small schooners, the Grey Hound, JackalU Fox, Wild Cat, Beagle, Ferret, Weazel, and Terrier ; five barges, the Musquito, Gnat, Midge, Sandfly, and Gallinipper ; and one transport ship, the Decoy. Capt. David Porter was appointed to the command of the squad- ron, and sailed from Norfolk about the 10th of February last. His station was at Thompson's Island, from which he despatched his ves- sels, in such way as be judged best suited to attain his objects. 115 The annexed extracts from his letters and reports exhibit the re- sults. The size of mot of the vessels, the nature of the duties, and the exposure oi' the officer? and men, called for a display of perseverance and fortitude seldom required of those engaged in our Service but the call was well answered. Every thing was accom- plished, which was anticipated from the expedition. Piracy, as a system, has been repressed, in the neighbourhood of the Island of Cuba, and now requires only to be watched, by a proper force, to be prevented from afflicting commerce, any further, in that quarter. The public authorities of the Island of Cuba manifested a friendly dispo-ition towards the squadron, and rendered much assistance in the pursuit of its objects. On the 5th March, as Lieut. Cocke, in obedience to the orders of Capt. Porter, was entering the harbour of St. John*, Porto Hico, in the schooner Fox, he was killed by a shot from the castle. Ex- tracts from the correspondence between Capt. Porter, and the Gov- ernment of the island on this subject, are annexed. The squadron wa* healthy and prosperous, until about the mid- dle of August, when a malignant fever broke out at the station, and destroyed many valuable lives. The first reports of this calamity were brought to the Department on the 17th September. At the time they left the island. Captain Porter and most of the medical officers were sick, and there was great cause tofe:ir that the squad- ron would be deprived of its commanding officer, and of the medi- cal assistance necessary to its safety. Under these circumstances it \v:i-. considered expedient to send to the station an officer of rank and experience, with a sufficient number of surgeons, to furnish, in any event, the aid nc-cesxary for the safety and proper conduct of the squadron, with power to remove it, should hat be found ne- cessary. Captain Rodgers cheerfully consented to encounter the hazard and responsibility attendant on such an expedition. He sailed from New-York as ston as a vessel could be prepared for the purpose ; but, before hi.* arrival, Captain Potter had become convalescent, and, with the greater part of the squadron, had re- turned to the United States. The reports of these officers will fully explain their views of the causes of the disease, and the means by which a recurrence of it may be prevented. It is believed that the Florida station is incalculably important to some of the best interests of this Union ; and that it ought not to be deserted until every expedient has failed to render it a secure and healthy position for our vessels. 1 feel great contidence in the opinion that it may be made such, without encountering great ha- zard of the evils we have heretofore suffered. For the protection of commerce, and the suppression of piracy in the Western Atlantic and Gulf of Mexico, it is proposed, in the ensuing year, to continue Thompson's Island as the station for the vessels employed in those objects ; to place there a ship of the line, armed and manned as a frigate, for which purpose the 116 nendence is well fitted ; and to attach to the command the John Adams and Hornet, and one other sloop of war, with four of the larger schooners, the Grampus, Porpoise, Shark, and Spark, one of the smaller schooners, and the barges. This force is competent to protect all our interests. The ship of the line, placed in a proper position, will afford comfortable accommodations to those who are obliged to remain at the station, and prevent the necessity of inter- course with the island, when danger is suspected. The cruises of the other vessels, except those which visit the Coast of Africa, may be limited to four, five, or six weeks, and on their return, their crews may be exchanged for others, who, during that time, have been stationary. By these means, and a proper attention to clean- liness, both in the men and the vessels, and avoiding intercourse with places known to be sickly, the health of all will probably be preserved. For the proper execution of such a system, full reli- ance may be placed in our officers. The island itself, by clearing, draining, and cultivating, will, after a time, probably become more healthful. It will be perceived, that this distribution of force includes only one of the small schooners. They were admirably calculated for the end for which they were purchased, and have effected it. But piracy being for the present repressed, and requiring only such a force as will prevent its revival, they are no longer necessary ; and, being both very expensive, and utterly subversive of all dis- cipline, it is respectfully recommended that they be sold, retaining one for the present season ; after which it may be sold. The Por- poise and a small schooner have been employed under the com- mand of Lieut. Ramage, in the survey of a part, of the Florida Coast. It is proposed that those vessels be placed under the con- trol of the commanding officer of the Florida station ; and if it be found proper to continue the survey, that the instructions for that purpose be given to that officer. Many of the officers having died during the present year, it is thought proper to annex a list of the times and places of their deaths. No observations on the organization and discipline of the Navy seem to be required. That subject has heretofore been presented for consideration. Very respectfully, I have the honour to be, your most obedient servant, SAM'L L. SOUTHARD. The Secretary of the Navy to the President of the United States. NAVY DEPARTMENT, December 1, 1824. SIR : I have the honour to present to you the following report, exhibiting the administration of this Department during the present year. There are now in commission for the sea service, the vessels named in paper A, subjoined to this report. 117 Nothing, worthy of particular observation, has occurred with our squadron in the Mediterranean. It has been maintained at the extent which was proposed in the report of last year, and has afforded the necessary protection to our commerce there. The unfriendly relations, however, which exist between Algiers and some of the gofernments of Europe, and the effects not unlikely to be felt, upon our political and commer- cial interests in that quarter, with other important considerations, have been supposed to render it expedient to augment our force. With this view, the North Carolina has been prepared, and will sail in a few days. The squadron will then consist of the ship of the line North Carolina, frigate Constitution, corvette Cyane, the sloops of war Erie and Ontario, and schooner Nonsuch ; and will be under the command of Commodore Rodgers, who has been, for several years past, the President of the Board of Navy Commis- sioners, and whose high qualifications are so well known and justly estimated by the nation. Our naval force in the Atlantic and Gulf of Mexico, has continu- ed under the command of Commodore Porter. By direction of the Department, he has, from time to time, despatched one of the ves- sel? of his squadron to the Coast of Africa, to touch at Cape Messu- rado, minister to the wants of the agency there, and return by the usual track of the slave ships. None of these, or any other of our public ships, have found vessels engaged in the slave trade, under the flag of the United States, and in such circumstances as to justi- fy their being seized and sent in for adjudication : And, although it is known, that the trade still exists, to a most lamentable extent, yet, as it is seldom, if ever, carried on under our own flag, it is im- possible, with the existing regulations and instructions, to afford very efficient aid in exterminating it. That object can only be ac- complished by the combined effort of the maritime nations, each yielding to the others the facilities necessary to detect the traffic under its own flag. The agency for recaptured Africans has been maintained, in the same manner as in the last year. The eleven negroes which were taken from Captain Chase, at Baltimore, and sent to the agency, were restored to their homes, under circum- stances very gratifying to humanity, and calculated to produce a good effect upon their several tribes. The near relations of some of them were on the shore when they arrived, manifested much sensibility at their unexpected return, and furnished safe means of restoring them to their families. The agent, Dr. Ayres, was compelled, by enfeebled health, to return to the United States, and left Mr. Ashmun as acting agent. He likewise was obliged, by the same cause, to be absent for a time ; inconveniences necessarily resulted, and it was thought expedient to send the Rev. Mr. Gurley to examine into the situation of the agency, with directions to make certain arrangements, should cir- cumstances require them. His report, marked B, with other pa- pers, will be annexed, should his health enable him to make it iu 118 time, and will show the condition and prospects ofthe agency. The principal difficulties which have been encountered there, have arisen from the want of a lit position and suitable accommodations for the agent, and the recaptured Africans, on their arrival on the coast. These difficulties have been, in a great degree, overcome, and will, with the expense, be regulary diminished, as the establish- ment made by the Colonization Society increases, and is rendered more permanent and well regulated, furnishing facilities for all the objects, for which the agency was created. The expenditures during the year, so far as they are yet known, ofthe appropriation for the prohibition ofthe slave trade, has amounted to $15,326 02, and there remains, of that fund, a balance of $47,391 39. The manner in which the force assigned to the protection of our commerce, and the suppression of piracy, in the West Indies, has been employed, will be seen by the annexed letters and re- ports of Commodore Porter, marked C. The activity, zeal, and enterprize of our officers, have continued to command approbation. All the vessels have been kept uniformly and busily employed, where the danger was believed to be the greatest, except for short periods, when the Commander supposed it necessary that they should return to the United States, to receive provisions, repairs, and men, and for other objects essential to their health, comfort, and efficiency. No complaints have reached this Department, of injury from privateers of Porto Rico, or other opanish possessions, nor have our cruisers found any violating our rights. A lew small piratical vessels, and some boats, have been taken, and establish- ments broken up, and much salutary protection afforded to our commerce. The force employed, however, has been too small, constantly to watch every part of a coast, so extensive as that of the islands and the shores of the Gulf of Mexico, and some piratical depredations have therefore been committed ; but they are of a character, though, perhaps, not less bloody and fatal to the suffer- ers, yet differing widely from those which first excited the sympa- thy ofthe public, and exertions of the Government. There are few, if any, piratical vessels of a large size in the neighbourhood of Cuba, and none are now seen at a distance from the land ; but the pirates conceal themselves, with their boats, in small creeks, bays, and inlets, and finding vessels becalmed, or in a defenceless situa- tion, assail and destroy them. When discovered, they readily and safely retreat into the country, where our forces cannot follow, and by the plunder which they have obtained, and which they sell at prices low and tempting to the population, and by the apprehen- sions which they are able to create in those who would otherwise give information, they remain secure, and mingle, at pleasure, in the business of the towns, and transactions of society, and acquire all the information necessary to accomplish their purposes. Against such a system, no naval force, within the control of this Depart- ment, can afford complete security, unless aided by the cordial, unwavering and energetic co-operation of the local governments ; 119 a co-operation which would render their lurking places on land un- s;ife, and make punishment the certain consequence of detection. Unless this co-operation be obtained, additional means ought to be entrusted to the Executive, to be used in such manner as experi- ence may dictate. The health of the squadron, and of Thompson's Island, has been much better than during the last season ; yet many of our officers, and among them Commodore Porter, have suffered severely from disease, and several have died ; most of the latter have fallen vic- tims to the necessity, real or imagined, of visiting unhealthy places upon shore, which they were warned as much as possible to avoid, and which a sense of duty, no doubt, induced them to visit. A list of those who have died during the year, on that and other stations, will be annexed, marked D. Some improvements have been made, and others are proposed, at Thompson's Island, by cutting the timber, clearing and drain- ing the ground, and building store-houses, and, if the means are af- forded, it is confidently believed, that it will be made both compar- atively comfortable and healthy, before the next summer and fall. A balance of $28,784 69 still remains of the appropriation of De- cember, 1822, " authorizing an additional naval force for the sup- pression of piracy," but claims exist against it, to a large amount, which have not yet been presented. Two of the small schooners, the Greyhound and the Jackal], pur- chased under the authority of that act, have been found " so much out of repair, that it was not for the interest of the United States to repair them," and were disposed of; and one other, the Wild Cat, it is feared, is lost, with her officers and crew, in a passage from Havana to Key West. The force on that station has been in this way somewhat reduced, and it has been considered expedient to augment it, by the addition of the frigate Constellation, which will be ready to join it, as soon as men can be enlisted for the purpose. One of the sloops of war, now in the Mediterranean, will, probably, be ordered there in the spring, should circumstances permit. The surveys directed by the act, entitled " An act authorizing an examination arid survey of the Harbour of Charleston, in South Carolina, of St. Mary's in Georgia, and of the Coast of Florida, and for other purposes," have not yet been completed. Competent naval officers, have been ordered upon the service. It was thought useful to unite with them, in a part of the examina- tions, one or more of the Corps of Engineers, which could not be effected. On application to the War Department, it was found that all the officers of that corps were so engaged, as to prevent the Secretary from detailing even one for this service. It is hoped, however, that such information has, in the mean time, been procured, re- specting the places named, except St. Mary's, as will accomplish the pnrpose for which the law was passed, should Congress act upon 120 the subject at this Session. Should it be proposed, however, fo fix upon a site for a Naval Depot in the Gulf of Mexico, I would respectfully suggest the propriety of entrusting the selection and purchase to the Department, after further and satisfactory surveys shall have been made. Commodore Stewart, in the Franklin, arrived at New -York in the month of August, having left Commodore Hull, with the frigate United States, the sloop of war Peacock, and the schooner Dol- phin, in the Pacific. It is hoped that this force will be able to pre- vent depredations on our important commerce in that sea, and se- cure respect for our flag. Our commerce, however, has increased so rapidly there, and is scattered over so large a space, that an ad- dition of one or more vessels would be made, if they were within the control of the Department. This addition will become indispensable, should the Government be disposed to make permanent provision for the protectinn of our commerce, and other interests in the neighbourhood of Columbia river, and on the northwest coast. Constant experience shews the importance of such augmentation of the number of our vessels, as will enable the Government to add to the force both in the Atlantic and Pacific. Inconveniences are felt, and losses are sustained, by our citizens in both oceans, which might be prevented, were the means for their protection enlarged. In the course of the year, several regulations have been adopted to promote efficiency and economy in the medical and other de- partments of the service, and some good is anticipated from them. It is impossible, however, to do all which is desired without the aid of Congress. Several laws seem necessary to render the esta- blishment economical and efficient. Among them are those which were under consideration at the last session, for building ten sloops of war, and re-organizing the Navy. To these ought to be added a revision of the law for the better government of the Navy, and the system of Courts Martial. But especially some provision should be made for the education and instruction of the younger officers. We have now the light of experience on this point in the army, and its salutary effects are very manifest. Instruction is not less necessary to the Navy than to the Army. I refer to the views taken of some of these subjects in the reports made during the last Ses- sion, and it will be my duty to develope them more fully in answer to a resolution of the Senate now before me. The expenditures of the year are submitted in a report from the Second Comptroller, marked F, and the estimates for the next year is one, from the Commissioners of the Navy, marked G. In the latter, it will be found that estimates have been made of the ex- pense of certain necessary improvements at Thompson's Island, and for the repairs of four of our frigates, which policy and econo- my require to be placed in such a situation, that their services can be commanded whenever they shall be necessary. We have, at present, no frigate which could be sent to sea, with- 121 ut large repairs, creating a delay which, under certain circum- stance*, millow the pirates into many of the creeks and inlets to which they resort this must always be done in boats, which cannot be carried by them in sufficient numbers to be effec- tual ; nor can the greater part of them, on account of their size, and the want of accommodations for water and stores, remain long at sea, so as permanently and effectually to watch even the most suspected places. I would, therefore, respectfully recommend three or more, fri- gates, or sloops of war, as an addition to the force now in the West Indies and Gulf of Mexico, or as a substitute for the small vessels. The sloops would be as competent to the object as the frigates, and would be much less expensive. We cannot, however, detach that, or even a less number, from the stations where they now are, without weakening our squadrons too much. It will be necessary to build them, which can be done in less time, and at less expense, than would require to repair and fit for sea the same number of frigates. Two, or perhaps three, might be finished in four or five months. These vessels would be able to lie or cruise steadily, and for long periods, where their presence was most need- ed ; and, being well provided with boats, coutd pursue into any wa- ters where escape waj attempted. In addition to this provision, our officers should be authorized to pursue the pirates wherever they may fly. The authority which has heretofore been given on this point, will be seen \jy the extracts from the orders to Com. Porter, hereunto annexed, and marked A. The right to follow should be extended to the settled as well as the unsettled parts of the Islands ; and, should this prove ineffectual, a resort will be necessary to such a general and rigorous blockade, as will make both the local Governments and their subjects feel that their interest, as well as their honour, requires a respect for our rights, and the rights of humanity. For such an extremity, the proposed sloops of war will be indispensable. What warnings should be given, or demands made upon Spain, or what negotiations had, with other Governments, before this course be adopted, it is 123 not my province to suggest. But, as these pirates are, essentially, robbers, living upon the land, and not upon the ocean, if the local Governments cannot, or will not, prevent them from inflicting such serious injuries upon us, we must seek them where they are to be found, and so punish them, as to prevent a repetition of their crimes. Should the foregoing suggestions be adopted, a law would be ne- cessary, authorizing the building of the sloops of war, with an ap- propriation of $ 85,000 for the cost of each, and $6 1,086 50 for the annual support of each. Or the sums mentioned may be added to the estimates for the support of the navy ; the amount for build- ing, under the head of building and repairs of vessels ; and the oth- er under those of Pay and subsistence 31,391 50 Provisions 15,695 00 Repairs, including wear and tear - 12,00000 Hospital stores and medicine 2,000 00 $61,086 50 In answer to your inquiry on the subject, I would suggest that it is not believed to be proper to designate, in any act of Congress, the disposition of the force ; the only effect of which would be to apprize the pirates more fully of the mode and place of attack, and thus enable them more surely to escape. It is proper to remark, that any naval force which we can apply to this object, will not be sufficiently extensive to cover, at all times, every part of the shores of the Islands and Gulf of Mexico ; and that some merchant vessels may, and probably will be caught, with- out other protection than that which their own strength affords. Hence, the suggestion of arming them is very obvious, and has been, frequently made. The evils to be apprehended from it, however, are equally obvious. No sufficient pledge can be given, that some of them, if armed, and feeling their power, would not abuse it ; and. in the present situation of the West Indies, and countries south of us, endanger our friendly relations, and commit acts almost as much to be deprecated, as those against which we are attempting to guard. The natural state of merchant vessels is the peaceful and unarmed state ; and although permission to arm might, in this instance, free them from some of the evils to which they would be exposed without such authority, yet it is believed that few, whose only object is fair commerce, would avail themselves of the legal privilege. The expense and inconvenience of arming is great, and would be illy borne by a large part of the commerce now carried on, in that quarter, in American vessels. The danger does not seem to be considered so urgent as to compel them to do it. Con- voy has been often declined, rather than submit to slight delays, or changes in the course of the vessel ; and it is understood, that in- surance is unusually low, and that the offices add little, if any thing, on account of this risk. It may be effected to the West Indies, at one per cent, on the outward, and one on the homeward voyage ; and, in some instances, at one and a half, embracing both, which is be.low the actual expense ot arming. 124 It has been sometimes proposed that the expense should be met by the Government, and protection afforded, by placing on board each vessel a number of marines, or soldiers ; but this plan will at once be perceived to be impracticable, when the number of our merchant vessels is considered, with the different routes which they pursue, and the times at which they sail. The remedy must be extremely partial, or the expense enormous. The whol - marine corps would, probably, not equal one-fifth of what would be requir- ed for a sufficient and equal distribution among all. It has also been proposed to furnish convoy at stated periods. This could be done at periods of fifteen or twenty days, from some position on our coast, to some point which is considered beyond the danger. But to this there are, also, obvious objections. It would employ all our force in the Atlantic, and prevent attention to other objects ; an evil of too serious a magnitude to be encountered. It would be impossible to extend the convoy throughout the whole cruise ; and stopping at a given point, the pirates would immedi- ately transfer and renew their attacks beyond that point, where the vessels would, in that case, be more unprotected than they now are. It would also destroy competition of enterprize among our merchants, and confine them all to the same times and course of navigation ; an evil which they well know how to estimate. They would not accept your protection at such a price. I do not, then, perceive, in any of the suggestions which h;ive been presented to my mind, so cheap, efficient, and certain a remedy for the evii,asthat which I have preferred ; and, if it be adopted, we shall, after the proposed vessels are prepared, be enabled to dispose of the small schooners now employed in the West Indies and Gulf of Mexico ; a force which has been found exceedingly expensive, and injurious to the discipline and efficiency of the service. I am, very respectfully, sir, your most obedient servant, SAM'L L. SOUTHARD. D. Extracts of a letter to the Honourable James Lloyd, Chairman of (he Commit- tee on Jfaval Affairs, of the Senate, dated 29/7, Dec. 1824. I have the honour to state, that there are no ' cases of piratical depredations, or other information on the subject, in the possession of the Department, which are not referred to in the report accom- panying the President's message to Congress." ' No reports of cases have been received, except those made by naval officers, of such as h,ivecome,in some way. under their own observation. No memorandum has been kept of the cases detailed in the public journals, but some of them have, occasionally, been enclosed to the commanding officer of the station, to afford him in- for niion in the discharge of his duties." Phe ' additional menns' alludei' to. as proper to be entrusted to the Executive, if an efficient co-operation of the local governments 125 -ould not be obtained, were, three or four frigates or sloops of war, with boats for pursuit of the Pirates ; authority to pursue them, wherever they might attempt to escape, and authority to enforce a rigorous blockade, if other efforts should prove ineffectual." " I have not supposed that it would be expedient to authorize, by law, our merchant vessels to arm. Should Congress entertain a different opinion on this point, and pass a law on the subject, it should embrace ' provisions and restrictions,' similar to those con- tained in the 3d and 4th sections of the ' Act to authorize the de- fence of the merchant vessels of the United States against French depredations, passed 25th June, 179U." Report of the committee on Foreign Relations of the Senate, on so much of the President's Message as t elates to Piracy. January 10, 1825. " The Committee on Foreign Relations submit a Report on so much of the President's Message as relates to Piracies : That our commerce, for years, has been harrassed, and the lives of our citizens destroyed, by pirates issuing from the colonies of Spain, in the West Indies, is a fact derived not only from the mes- sage of the President, but is of universal notoriety. These outra- ges have been so long and so often repeated, and marked with such atrocious circumstances, that a detail of the particular cases would be as impracticable as unnecessary. Our government, with a view to protect our citizens, has resorted to the means within their pow- er, by stationing a naval force near the places where the pirates re- sort a measure also pursued by other powers. Every effort, here- tofore, has been unavailing, to put an end to these atrocities. These desperadoes, acquiring confidence from impunity, becoming more ferocious from habit, and multiplying by recruits from the most abandoned of other nations, threaten the most disastrous mischiefs, justly alarming to that highly valuable and most respectable portion of our fellow citizens whose pursuits are on the high seas. It is manifest, as well from facts derived from other sources, as from the message of the President, that a continuance of this evil is ascribable to the asylum afforded the banditti in the colonies of Spain. The government of the United States, cherishing the most amicable dis- position towards Spain, has presented the subject with great earnest- ness to the Spanish government, demanding reparation for the past and security for the future. To these reiterated remonstrances, no answer was returned till very recently, and to this day, all that has been obtained is a promise of a satisfactory answer to the appli- cations of the government of the United States : although Spain ha? been solemnly warned, that, if she did not promptly acquit herself of her obligations to us on this subject, our government would be con- strained, from the nature of the outrages, to become its own aven- ger, and, availing itself of its own resources, protect the commerce and lives of the American citizens from destruction. In the same spirit of conciliation, an appeal has been made to the local au- thorities, accompanied with a request, that if, from weakness, they 126 were unable to exterminate the hordes of banditti who took shelter from pursuit within their territories, that permission might be givem to our forces to pursue them on land This has been denied, on the vain punctilio of national dignity. The posture in which Spain now stands, is that of connivance in these injuries, or incapacity to prevent them. " A sovereign who refuses to cause reparation to be made of the damage caused by his subject, or to punish the guilty, or, in short, to deliver him up. ren- ders himself an accomplice in the injury, and becomes responsible for it." If the committee were of opinion that the refusal, on the part of Spain, was wilful, and not the result of inability, they would, with a full view of all the consequences which the measure involves, at once recommend an appeal to the last rest>rt of nations against Spain, and all her dependencies. But, believing, as they do, that courtesy requires that her refusal to do us justice should be placed on the ground of inability an inability resulting from causes which the committee intentionally forbear to enumerate, they content themselves with recommending only such measures as are believed to be indispensable effectually to reach the mischief. And hence they beg leave to present a bill with suitable provisions for the end designed." Report from the Navy Deparlmtnt. NAVY DEPARTMENT, January 12th, 1825. The Secretary of the Navy has the honour to present the follow- ing report, in answer to two resolutions of the Senate of the United States, on the subject of piracies ; one of which was passed on the 21st of December, 1824, and the other on the 23d of the same month. Immediately after the passage of the law of the 20th of Decem- ber, 1822, " authorizing an additional naval force for the suppres- sion oi piracy," the vessels contemplated in that act were purchas- ed and prepared for sea, and, with others placed under the com- mand of Captain David Porter. They consisted of the sloops John Adams and Hornet, the brig Spark ; the schooners porpoise, Gram- pus, Alligator, and Shark ; the Sea Gull, and eight stnall schooners ; five barges, and one transport ship ; in all, seventeen vessels, of different sizes, besides the barges. On the 14th day of February, 1823, Captain Porter sailed from the United States, under orders dated the 1st of February, 1823, a copy of which is annexed to this report, and marked A. The manner in which Captain Porter has performed the duty as- signed him, and the " information " received from him, will be seen by the reports from this Department to the President of the United States, and communicated by him, with his message, at the commencement of the last and present session of Congress ; and by paper marked B, which was unintentionally omitted in the report from this Department on the first of December last- 127 All the vessels above enumerated except four, have been uni- formly employed in the object, so far as their size and the necessity of occasional returns into port for stores and repairs would permit. Of the four vessels above alluded to, the Alligator and Wild Cat have been lost, and the Grey Hound and Jackall were sold, " be- ing so much out of repair that it was not for the interest of tbe Uni- ted Stales to repair the same. " There are now employed in the West Indies and Gulf of Mexico, thirteen vessels and five barges ; and the frigate Constellation will join the squadron in a few days, her crew being nearly completed. The disposition of the force has been left principally to the com- manding officer, who, being in the region where its services were required, was best able to judge of the positions in \vhich the ves- sels should be placed, and the particular duties each should perform. The papers herewith transmitted, marked C and D, having been written in answer to letters from the Chairman of the Committees on Naval Affairs of the Senate and House of Representatives of the United States, it appears to be proper to communicate them as part of the report from this Department. SAM. L. SOUTHARD. To the PRESIDENT of the. United Stalet. Message, to the Senate of the United Slates : In compliance with two resolutions of the Senate, the first of the 21st and the second of the 23d December last, requesting informa- tion respecting the injuries which hare been sustained by our citi- zens by piratical depredations, and other details connected there- with ; and requesting, also, information of the measures which have been adopted for the suppression ot piracy ; and whether, in the opinion of the Executive, it will not be necessary to adopt other means for the accomplishment of the object ; and, in that event, what other means it will be most advisable to recur to ; I herewith transmit a report from the Secretary of State, and likewise a report from the Secretary of the Navy, with the documents referred to in each. On the very important question submitted to the Executive, as to the necessity of recurring to other more effectual means for the sup- pression of a practice so destructive of the lives and property of our citizens, I have to observe, that three expedients occur : one by the pursuit of^^ offenders to the settled as well as the unset- tled parts of the'liKmcl from whence they issue ; another, by repri- sal on the property of the inhabitants ; and a third, by tbe blockade of the ports of those islands. It will be obvious, that neither of these measures can be resorted to, in a spirit of amity with Spain, otherwise than in a firm belief, that neither the Government of Spain, nor the Government of either of the islands, has the power to suppress that atrocious practice, and that the United States inter- pose their aid for the accomplishment of an object which is of equal importance to them as well as to us, Acting on this principle, the 128 facts which justify the proceeding being universally known and felt by all engaged in commerce in that sea, it may fairly be presumed, that neither will the Government of Spain, nor the Government of either of (hose islands, complain of a resort to either of those mea- sures, or to all of them, should such resort he necessary. It is therefore suggested, that a power, commensurate with either re- source, be granted to the Executive, to be exercised according to his discretion, and as circumstances may imperiously require. It is hoped that the manifestation of a policy so decisive will produce the happiest result that it will rid these seas and this hemisphere of this practice. This hope is strengthened by the belief, that the Government of Spain, and the Governments of the islands, particu- larly of Cuba, whose Chief .is known here, will faithfully co-operate in such measures as may be necessary for the acco ; plishment of this v*y important object. To secure such co-operation will be the earnest desire, and, of course, the zealous and persevering ef- fort, of the Executive. JAMES MONROE. Washington, 13th January, 1825. Report of the Committee on Naral Affairs of the House of Representatives, on a Resolution of the House of Representatives of 9tk December, instructing them to inquire into the expediency of providing an additional Natal Fore*, and other means for (he suppression of Piracy. January 25//, 1825. That they have had the subjects proposed in the said resolution under their consideration, and have made diligent inquiry into the operations of our naval force, which, for the last two years, has been employed in the Gulf of Mexico, for the protection of our commerce, and the suppression of piracy. In this investigation they feel a satisfaction in stating, that the means employed have dis- played the vigilance of the government, and the activity, zeal, and devotion of the officers and seamen who have been assigned to that perilous service ; perilous, not from the number? or courage of the enemy, but from the deleterious effects of a tropical climate upon natives of a more temperate region. The vessels procured for this service were better adapted to a short expedition, than to long and tedious cruises. They were too small to afford the room necessa- ry to preserve the discipline and the health of the officers and sea- men assigned to them ; yet, they enabled the commander to scour the coast, to penetrate into the shoal waters of the creeks and in- lets, to the very margin of the land ; and, in effect, the pirates have literally been driven from the ocean, and confined to their fastnesses and haunts upon the land. Accordingly, their principal depredations, for the last twelve or fifteen months, have been con- fined to occasional sallies in boats and small craft, within one or two leagues of the shore. While these depredations, however, have been more limited in extent and number, they have more frequent- ly been attended with the most desperate and sanguinary destruc- tion of the lives of the unfortunate victims. It becomes necessary for the government to adapt the force to the 129 existing character of the evil ; and the committee are of opinion that III* 1 , best -pecif'S of force which can be employed in future, while the piracies are confined to small craft, are the boats and launches; which are attached to larger vessels. Sloops of war of the largest cl.i^s may be well provided with launches and boats, of whirh si'veral might be constantly employed in ferretting out these marauders, and bringing them to condign punishment. But the Committee are of opinion, that, though the addition of three or four sloops to our West-India squadron, might, by con- stant vigilance, afford great additional security to our commerce and those engaged in it, yet they have reflected that these plunderers easily transfer themselves from one island to another ; and when effectually hunted from one of their haunts, they are speedily found in parts where the unarmed trader, having no protection or means of defence, becomes an easy prey. They have, also, recur- red to several instances, where a resolute resistance by a small crew of intrepid seamen has repelled the assailants, even when the disparity of force might have been expected to produce a different issue. From which it is manifest, that those wretches, who assume the vocation of pirates, are as dastardly as they are cruel, and may be generally repelled by a well armed crew, though not much ex- ceeding the usual complement of the vessel. The opinion has been expressed in some of the memorials of our principal cities, that the permission to the merchants to prepare a suitable armament for their defence, would be embraced at least to a sufficient extent to deter, in many instances, the attacks of boats from the shore, or to repel the foe in case he should attempt to carry by boarding. The committee believe,, that, if a consider- able number of trading vessels should provide themselves for re- sistance, and a few instances of successful resistance should be the consequence, the effect would be highly salutary, and would great- ly discourage these banditti, by rendering their vocation dangerous and fruitless. They are aware that the commerce of the West-In- dies is attended with too small profit to warrant any considerable increase of expense to the merchants and owners of vessels : and, as the protection of trade is the duty of the government, as well as required for the prosperity of our revenue, and general resources, they therefore deem it sound policy to rely upon this measure merely as auxiliary to the most energetic efforts ; and to the ample means placed at the disposal of the executive. The committee have not overlooked the notorious fact, that the local authorities of the West-India islands, particularly those of Cuba and Porto Rico, have afforded shelter and protection to the pirates, and have given a character of boldness to their enterprises, which it may be impossible wholly to repress without resorting to measures which may induce those authorities to unite their means in earnest in the extirpation of those foes of the human race. V* hatever may be the personal feelings of some of the local gov^ ernors, they may, perhaps, find it difficult to restrain the cupidity 17 130 by which a great portion of the community are so completely de- moralized. In the Island of Porto Rico, a species of legalized plunder has been for several years tolerated, if not encouraged, by the chiefs of the islnnd, which, if not so sanguinary as in other cases, has, in other respect?, differed but little from ordinary pira- cy. It belongs rather to the duty of another committee to devise means suitable to meet an exigency so singular, and, at the same time, demanding the most prompt and vigorous measures. While the utmost circumspection should be employed in main- taining the rights and dignity of our country, not to violate those of other nations, it cannot be denied, that a scrupulous adherence to the letter of national law, in regard to the territories under the nominal jurisdiction of a nation remote from the scene of action, distracted and feeble at home, and scarcely felt or feared in her re- mote islands and colonies, must amount to an indefinite denial of re- dress to our own citizens ; must embolden injustice and violence, and impede or frustrate the most vigorous efforts of our naval force in the protection of our commerce against such an unhallow- ed combination of local jurisdiction and desperate outlaws. The committee forbear to indicate the course which alone re- mains to remedy these outrages upon our rights and our dignity, not doubting that, from another source, we may soon see submitted, a plan which comports with our justice and moderation, as well as with our interest and security. They respectfully submit a bill, in conformity with these views, for the consideration of the House. Report of the Committee of Foreign Relations of the House nf Representativef, on Piracy and Outraget on American Commerce by Spanish Privateer* : Jan- uary 3 1st, 1825. The Committee of Foreign Relations, to whom was referred so much of the President's Message to Congress at the opening of the present session, as relates to piracy and the outrages committed upon our commerce by vessels bearing Spanish commissions, and the me- morials from different quarters of the Union on the same subjects, availing themselves ofthe documents accompanying the President's Message to the Senate, of the 13th of January, which have been printed by order of that body, present to the House the result of their deliberations upon the subject submitted to them : From the commencement ofthe Revolution, which has termina- ted in the separation of Spanish Continental America from Old Spain, the commerce of the United States in common with that of all othe^nations, has suffered frequent outrages from the vessels of the adverse parties, duly commissioned, with doubtful commis- sions, and from pirates who sought to conceal their true character by the use ofthe flag of some one ofthe belligerants. Constant ef- forts have been made by this Government to rediess injuries suf- fered, and to prevent future outrage. Congress have, at all times, been prepared to give, and have afforded, all the means necessary for these purpose* within their province. 131 The act of the third of March, 1819, was passed specialty to pro- tect the commerce of the United States, and punish the crime of piracy. It gave to the President power, (a power, however, which the President possesses without an act of Congress,) to employ the public armeJ vessels of the United States to protect our merchant vessels and their crews from piratical aggression and depredation, to authorize the detention, capture, and trial, of any armed vessels which attempted any piratical depredation, search, seizure, or re- straint of an American vessel. It authorized our merchant vessels lo capture armed ships not commissioned by a friendly pow- er, and to recapture vessels taken by them, and it directed the con- demnation of the vessels so captured or re-captured; it provided for the punishment of the pirates, when convicted by the compe- tent tribunals. This act was limited to one )ear, but wa> continu- ed in force by the act of May 15, 1820, for two years, and the first four sections made perpetual by the act of the 30th January, 1823. The re-establishment of the Constitutional Government in Old Spain, in March, 1320, inspired the strongest hope that the con- test between Spain and Spanish Continental America would be soon amicably terminated, in a manner sati-factory to the parties at war, to the commercial arid civilized world, and to all the lovers of humanity, justice, and liberty. The first movements of the re- generated government promised a speedy realization of this hope. The Cortes of Spain directed negotiations to be opened with Spanish America ; commissioners were appointed ; but the con- tending parties did not take the same view of the great questions between them. Old Spain would not admit the recognition of the independence of the Spanish American Governments, as the basis of negotiation ; and the Spanish American Governments would nut negotiate without that preliminary recognition. While these abor- tive attempts at negotiation were made, there was a temporary cessa- tion of hostilities in Venezuela. The war, however, was renewed in Venezuela before the negotiations were broken off. Fortune fa- voured the Americans ; and the European Spaniards were driven from the continent. During this desperate contest, General Mo- rales, the commander of the Spanish forces, issued his extraordina- ry proclamation, declaring a coast of twelve hundred miles in a state of blockade, and interdicting all foreign commerce with the Spanish Main, as inconsistent with the colonial law of Old Spain. This proclamation has been the fruitful source of most of the evils since suffered by all commercial nations in the West Indies, and in the Gulf of Mexico. Numerous pirates, and swarms of privateer- men, (subsequently degenerated into pirates,) have preyed upon all neutral commerce. Protection to that of the United States should have been, if it has not been, afforded, against piratm, by the use of all the necessary means under the control of the Execu- tive by a vigorous exertion of the naval power ; by incessant watchfulness on the seas, and on the coasts infested by them ; ri- gorous examination of all suspected vessels, of every size ; ardent 132 pursuit of the persons found flagrante deliclo, wherever they souiiht ref ige ; careful prosecution, before the competent tribu- nals', of all the accused who were taken ; unrelenting severity in inflicting punishment, where guilt was judicially established against privateersmen, by appeals to the government of Spain, requiring, immediately, redress for the past, and security for the future : if made in vain, application should have been made to Congress, to authorize reprisals, or to declare war, as the extent of the injury, and a due regard to the condition of the Spanish government should have required. A further reference, however, to the past, would not be useful. For the present, and for the future, ifiegislative provisions are necessary, they should be made. Piracy at present exists in the same form as in the year 1822, when a species of naval force, supposed to be particularly adapted to suppress it, was placed at the disposal of the Executive. This force was believed to have answered the expectations entertained of it, as the President, at the opening of the last session of Con- gress, announced that " it had been en.inently successful in the ac- complishment of its objects." If further experience has shown that this species of force is inadequate to the accomplishment of the object, and that another may be advantageously substituted, there can be no doubt of the propriety of the substitution. This is a point, however, that the Committee do not consider it their duty to examine ; it belongs properly to another committee, the result of whose deliberations upon it has been already presented to the House. The merchants of the United States, who have, with the exception of our seamen, the deepest interest in this subject, sug- gest the propriety of suffering the owners of vessels to arm for their own defence. There is no law forbidding such defensive arma- ment, nor is any law required to justify it. It is, however, assort- ed, i hat the restraints upon the armament of merchant vessels are inconvenient and oppressive, and that they ought to be removed. The only provision on this subject is, that which requires bond and security to be given to prevent an unlawful use of the armed vessel ; a provision which should not be changed an adherence to which the best interest of convnerce requires. The propriety of authorizing, by law, the pursuit of the Pirates on land, has also been a subject of consideration. The committee do not deem an act of Congress for this purpose necessary. The rule of international law is, that fugitives from the justice of one nation are to be considered in another as strangers entitled to pro- tection, and having aright of residence on the common principle, that no nation has a right to punish a person who has not offend. -d itself nor is it bound to assist its neighbour in the execution of its en <>inul laws. Pirates are criminals against all nations, punishable in every tribunal : the common enemies of mankind ; the duty o! all nations, a'.d very man is, to hunt them down, that they may be de- livered up o offended justice. Fresh pursuit of enemies into the ^territory of a common friend, is not universally admitted to be a 133 right of \var. Powerful nations never permit feeble neighbours to enter their territory for this purpose ; but enter without scruple in pursuit of their enemies, the territory of such neighbours, i^ess re- strained by the apprehension that the mutual friend seekVOTair oc- casion to become an ally against them in the war. Practically, the question is one not of right, but of relative power. The pursuit of a mutual enemy into the territory of a friendly or allied power, is a right of war : it cannot be deemed a violation of the sovereignty of that power ; it confers a favour, and imposes upon him an obligation of gratitude. The common enemy cannot avail himself of the prose-r.tion of the territory of the third power, but by surrendering himself as prisoner of war ; and, in that event, if the force of the pursuer was the cause of the surrender, the pursuer might rightfully claim the benefit of the surrender. Under this rule, the pursuit and capture of pirates any where, and every where, may be justified. The Executive has acted upon it. Instructions have been given to our naval com- manders to pursue, and capture, on Spanish territory, pirates who seek refuge or concealment there. The government of Spain has been duly warned of the existence of these orders ; it knows that they will be obeyed. No remonstrance has been made by it ; no objections have, as far as the committee have been informed, been urged. The acquiescence ol Spain is all that should be desired. A distinction is supposed to exist between pursuit of pirates on lands uninhabited, and on those inhabited ; and it is imagined that the authority of Congress is necessary to justify pursuit in the latter case, while, in the former, the power of the Executive alone is sufficient. The committee do not admit the correctness of this distinction. Fresh pursuit is justifiable in either case, if necessary to the capture of the pirate. There is greater danger of collision with the friendly power, when the object of pui>uit Hies into a set- tled country, and greater care is requisite to avoid giving offence ; but (he same principles apply to either case, and it is just .is neces- sary that Congress should legislate to justify the capture of pirates, as to authorize the pursuit of them inlo any place of refuge inhabit- ed or unsettled. From an attentive examination of the letters of the agent who was sent to Cuba to obtain information, relative lo the pirates xvho have long infested the coast of that island, it would seem that no fresh pursuit on land will eradicate the evil. Authority must exist to search in the suspected settlements for persons believed to be guilty of piracy, and for the evi lence of their guilt, and to bring them before our tribunals for trial and punishment. This authori- ty Congress cannot give, without making war upon apain. It cannot be used without wresting from Spain her municipal jurisdiction. The evil lies too deep to be reached by any ordinary measures, which foreign powers can apply to it. The government of Spain must give to the local authority what it is said to want sufficient strength to prevent and to punish crimes: 134 it must perform its duties, or those who suffer from its neglect or weakness, will be driven, by the necessity of the case, to apply the corrective. The Committee would bring more distinctly into view the onlyBL/kient remedy, and recommend a resort to it, if they be- lieved sufficient time had elapsed since remonstrances were made by our government to Spain, to prove incontestibly that she wanted either the power or the will to do her duty, although they are aware that the conduct of any government, in applying that remedy, with- out previous concert with other nations, alike interested in the ques- tion, would be liable to misconception, and excite well founded jea- lousies. The Committee cannot doubt that the Executive, apply- ing all proper means to prevent, to detect, and to punish, the crime of piracy, and pressing upon Spain, and her local authorities, that the honour and the interest of Spain requires their best exertions for the same purpose, will not fail to confer with the great commercial nations, on the extraordinary measures to be used, if the object is not speedily accomplished by the faithful exertion of the powers of Spain. The danger to which our commerce is exposed, and the injuries it has suffered from privateers, acting under regu'ar or irregular commissions, are of a different character, and require a different remedy. The committee understand that outrages of this kind have almost, if not entirely ceased ; for those which have been inflicted, or which may hereafter be inflicted, Spain is directly responsible. Reparation must be had ; by negotiation, or by the exercise of such powers as may, for that purpose, be vested in the Executive by Congress. To guard against future injury, the safest resource is to enforce promptly ample redress for that which has been suffered. The committee have already referred to the injuries suffered in conse- quence of the proclamation of Morales. Those injuries are not yet redressed. The government of Spain has not attempted to justify a Proclamation declaring, with a naval force insufficient to shut up the smallest port on the coast, a seacoast of twelve hun- dred miles in a state of blockade, nor the absurd pretension that the property of all neutral nations, is, under the colonial law of Spain, liable to confiscation, if taken on its way to Spanish Ameri- ca ; but the property of American citizens captured by privateers from the islands of Porto Rico and Cuba, and from Porto Cabello, is now withheld under these pretensions. The Spanish Govern- ment having formally revoked the blockade, give? to the tribunals of Spain an excuse for the condemnation of all property seized prior to that revocation ; an excuse of which they do not hesitate to avail themselves. Acting under instructions from the President, of the 28lh April, 1823, the Minister of the United States at the Court of Spain demanded satisfaction in January 1824, from that Government, for the outrages committed from Porto Cabello, and the islands of Porto Rico and Cuba, upon the commerce of the United States, and for the wanton murder of one of our gallant officers in the i35 harbour of St. John's, by the officer commanding (he foil at its en- trance In Septe nbcr, of the same year, Spain was again called upon to indemnify those who had suffered in person or property under the proclamation of blockade, or from the interdiction of neutral commerce to the Spanish Main. In October, the just re- clamations of our Government were, for the third time, formally made to the Government of Spain. No satisfaction has been given, no indemnity has been promised, nor has there been even a satis- factory excuse given for the delay to answer the just demands of the Minister of the United States. The character of the injury sustained, its origin, the period elapsed since it was inflicted, the formal and fruitless demand for reparation for more than twelve month?, justify reprisals. Ao, anxious desire not to act harshly to a Government embarrassed by internal difficulties, and enfeebled by recent revolutions ; the di=- tance of (he seat of the Spanish Government, from the places in which the evils complained of originated ; the death of the Minis- ter appointed by the Spanish Government, on the eve of his depar- ture to this country; and the recent selection of another Minister, whose appointment and intended departure for the United States, has been communicated in an official letter, a translation of which is herewith presented to the House ; induce the committee not to propose any legislative enactment, under the firm conviction that this forbearance will give fo Spain a new motive to make, speedily, ample reparation for the injuries sustained, and that, if it does not produce this desired effect, it will justify, in the eyes of all nations, any and every step Congress may hereafter be compelled to take. DEPARTMENT OF STATE, Washington, 24/A Jan. 1825. SIR : I have the honour of enclosing, herewith, a translation of the only answer yet received from the Spanish Government, to Mr. Nelson's notes on the subject of piracy and outrages on our commerce. It has been received since the Communications to Congress of the previous documents were made. I am, with great respect, sir. your very hnmble and obedient ervant, JOHN QUINCY ADAMS. JOHN FORSYTH, Esq. Chairman of the Committee of Foreien Relations. a. R. u. s [TRANSLATION.] Mr. Zea Bermudex to Mr. A"e/son. SIR : From the middle of September last, when I took possession of the appointment, which the kindness of the King, my august master, deigned to entrust me, I dedicated, by order of His Majes- ty, my attention to the different notes presented by you, relative to the claims of the American subject?, who thought themselves en- titled to be indemnified by Spain for the losses which they have suffered in the seas of America. A business so complicated, in which considerable interests are involved, presented so much more 136 difficulty, by how much there were intermingled with it other in- terests and other claims of Spanish subjects against the government and subjects of the United States. His Majesty, desirous of preserving the friendship and good harmony which happily subsists between both nations, and that, in faithful observance of existing treaties, both governments should terminate, in a friendly manner, this delicate question, the legiti- mate rights, and just pretensions of both being mutually concilia- ted, has thought that the most proper means for gaining this desired end, is to send immediately a Minister Plenipotentiary, to reside near the American Government, who, by his information, prudence, and practical knowledge of the relations between both countries, may be at the same time, the interpreter and the executor of the just intentions of the King. In consequence, His Majesty has been pleased to appoint Don Jose de Heredia, his Envoy Extraordinary ari'l Minister Plenipotentiary in the United States of America. He will set out for his new destination as soon as possible. I hasten to inform you of this, that you may be pleased to lay it before your Government ? and I avail myself of this occasion, to repeat to you the assurances of my most distinguished considera- tion. God preserve you many years. Your most obedient servant, FRANCISCO DE ZEA BERMUDEZ. San Lorenzo, A'or. 19 th, 1824. Report of the Secretary of the Nary accompanying the Presidents Message oj December 3rrf, 1822. NAVY DEPARTMENT, November 30th, 1822. Tfie PRESIDENT of the Udiltd States : SIR : In compliance with your request, I have the honour to transmit to you, herewith, sundry papers, numbered one to five, in- cisively, which contain the information desired. No. 1. List of Piratical vessels, &c. captured by vessels of the Navy of the United States. No. 2. List of vessels of the Navy of the United States, in ac- tual service. No. 3. List of vessels of the navy of the United States, in ordi- nary. No. 4. List of vessels built and building, under the act for the " Gradual increase of the Navy ;" and, also, a general view of im- provements at the several Building Yards. No 5. Copies of Correspondence between the commanders of our cruizing ve-ds, and the Spanish Authorities. All of which is respectfully submitted. SMITH THOMPSON. No. 1. Statement of captures of Piratical vessels and boats made by vessels of Ike Initcd Stales A'ary in tin- II cst Indies. Four Piratical schooners, of about forty tons each, and one. sloop, of twenty-five tons, in all -carrying about one hundred mew. 137 captured by Lieut. Com't L. Kearney, in the United States brig Enterprize, at Cape Antonio, Island of Cuba, Oct. 16th, 1821, in the act of robbing the American ship Lucies, American brig Aris- tides, and English brig Larch ; burnt two of the piratical schooners; the other two, and the sloop, were sent into Charleston, S. C. and condemned. Schooner Moscow, captured by Capt. Robert Henley, in the sloop of war Hornet, Oct. 29th, 1821, sent into Norfolk. A boat laden with goods, captured by Lt. Commandant Ramage, off Cape Antonio, Nov. 8th, 1821 ; took out the goods, and de- stroyed the boat ; crew escaped. A schooner of about 35 tons, captured by Lieut. Commandant Kearney, 21st Dec. 1821 ; crew, about 25, escaped. Six piratical vessels captured by Lieut. Commandant Ramage, January 7th, 182:2 ; burnt five of them, and manned one, took three prisoners, and destroyed their depot, &c. on the coast of Cuba. A large barge taken by gun vessel Revenge, 7th March, 1822; she was deserted by her crew, and evidently fitted for piratical purposes. Three piratical launches and four barges, captured by Lieut. Commandant Kearney, in the United States brig Enterprize, at Cape Antonio, on the 8th March, 1822, destroyed. Two piratical schooners captured by Lieuts Commandants Perry and Gregory, in June 1822, three pirates prisoners. Spanish privateer Palmira, alias Panchita, captured by Lieut. Commandant Gregory, August 16th, 1822, sent into Charleston S. Carolina. Five piratical vessels captured by Captain S. Cassin, command- ing United States ship Peacock, on the 28ih and 30th September, 1822 ; burnt two ; found eighty-nine bags coffee concealed in the woods by the pirates : two of the vessels sent to New Orleans. A Dutch sloop was re-captured from pirates by Captain John H. Elton, commanding United States brig Spark, January, 1822, and the prize crew, seven men, were sent into Charleston, S. C. Portuguese ship Mariana Faliero, captured by Lieut. Command- ant R. F. Stockton, in the United States schooner Alligator, sent into Boston. No. 2. List of vessels of the United States Navy, now in service. In the Pacific Ocean. Ship Franklin, - 74 guns. Schooner Dolphin, 12 guns. In the Mediterranean. Frigate Constitution, 44 guns. Sloop of war Ontario, 18 guus Schooner Nonsuch, 12 " On the Coast of Africa. Corvette Cyane, 24 guns. 18 138 In the West Indies. Frigate Congress, 36 guns. Schooner Grampus, 12 guns. Corvette John Adams, 24 " " Shark, 12 Sloop of war Peacock, 18 " " Porpoise,* 12 " Brig Spark, 12 " Gun Boat No. 158, 1 " Schooner Alligator, 12 " *And on survey Coast Florida. Sloop of War Hornet, 18 guns, preparing for a cruise in the West Indies, at Norfolk, Virginia. Brig Enterprize, repairing at New York, for a cruise in the West Indies. No. 3. List of vessels of the United States' ./Vary, in Ordinary, exclusive of ships on the list of the Navy Commissioners ; exclusive of list numbered 4. Ship Independence, 74 Guns. Frigate Cons:ellation, 36 guns, Ship Washington, 74 " " Macedonian, 36 " Frigate United States, 44 " Steam Frigate FuUon, 30 " " Guerrieie, 44 " Sloop of War Erie, 18 " " Java, 44 " No. 4. Vessels built and building under the law for the gradual increase of the Navy ' with a general view of improvements completed at the several building yards. i Launched in ordinary at Boston, with a roo' Columbus 74 ? over her to protect her from the rain, sun, ( &c. {Launched in ordinary at New-York, with a Ohio 74 ? roof over her to protect her from the rain, ( sun, &.c. North Carolina 74 i Launched in ordinary at Norfolk, and now co- Delaware 74^ vering with roofs to protect them. Q _. ( At Boston, nearly finished ; house over her, I and perfectly protected. Q _. \ At Boston ; frame raised ; under a house, per- ^ fectly protected. Q _. ^ At Portsmouth, N. H. nearly finished ; under I a house, perfectly protected. Q _ . t At Norfolk, Va. about half finished ; house ( over her ; perfectly protected. At Philadelphia ; keel laid, frame nearly out ; One 74 < house now building over, and probably f raised by this time. f Launched and hauled up on the inclined plane Potomac 44 J at Was hiugton, where she now lies, under J a house, perfectly protected from the sun, L rain. &c. 44 At Washington, about half finished. , 139 A 1 1 $ At Philadelphia, nearly finished, house over her ; perfectly protected. 44 I At New York ; frame getting out, and nearly I ready to raise. o . 4 (At Portsmouth, N. H. in forwardness ; house over her ; perfectly protected. The frames of the other frigates authori/cd to be built, except- ing a few pieces yet to be delivered by the contractors, and nearly all the other materials excepting the iron, are procured and placed in situations where they will probably not sustain any immediate material injury. Two steam battery frames are securely deposited under cover at Washington navy yard. One steam battery frame is securely deposited under cover at New York. Two engines are put up, and in a state of preservation at New- York. The building yards are in as good a state as the means placed at the disposal of the Department would allow ; but to erect the ne- cessary ware houses, repair wharves, cover some of the vessels, now building, and to erect suitable sheds over the timber, for its preservation, there will be required for the year 132:3, the sum of 150,000. General View of Improvement completed at the several building yards, in 1821 and 1822. At Norfolk, Timber dock filled up, and house built over new ship of the line. At Washington, Inclined plane, with a house over it ; large warehouse ; sail loft and rigging loft. At Philadelphia, Foundation of a new ship laid ; house built over a frigate, and house now raising over a ship of the line. At New York, Foundation of a new ship laid; house built over a frigate ; low ground filled up to an extent to afford sufficient room to work on. At Boston, Foundation of a new ship laid ; a house built over a ship of the line ; a blacksmith's shop erected ; the timber dock piled and im- proved ; cover placed over the frame of a 44, about two acres of ground levelled. At Portsmouth, N. H. Foundation of a new frigate laid, and a house erected over it. Copies and Extracts of letters and reports, exhibiting a general view of the cor- respondence between the Commanders of our cruising vessels in the West Indies, and the Spanish Authorities. U. S FRIGATE MACEDONIAN, Havana, May 6lh, 1822. SIR : I have the honour to inform you that I arrived here on the 140 28th ultimo : My passage was somewhat protracted by chasing, out of my course, suspicious looking vessels among the Islands, and by having two days under convoy an American schooner, that request- ed me to see her safe past Cape Antonio. On my arrival, I saluted the Captain General and the Admiral, receiving from- each, in re- turn, gun for gun, agreeably to previous arrangement. On the 29th, I had an interview with the Captain General relative to the busi- ness with which I am charged by Mr. Adams, the Secretary of State. On the 30th, I addressed a communication to him upon the subject of landing our boats and men upon the coast of Cuba when in pur- suit of Pirates. I enclose a copy of my communication, as also of the Captain General's answer ; and you will perceive he declines acceding to the proposition 1 made to him. I think it preferable to pursue one object at a time with the government here, and I shall therefore drop this subject for the present, renewing it when ffiy correspondence in regard to the Florida Documents is terminated. He certainly ought, 'and perhaps will consent to our landing upoo those parts of the Coast that are uninhabited, and where, though within his jurisdiction, he is utterly incapable of exercising any au- thority. There are many such places on the coasts of this Island. The measures adopted by the Captain General, and to which he refers in his letter to me, consist simply of a pioclamation, in March last, establishing certain regulations with respect to the clearances of coasting vessels, launches, and other boats. These regulations, I understand, are not strictly enforced, and, even if they were, they are, altogether insufficient for the suppression of piracy along the extensive coast of Cuba. As this proclamation has been published in the American newspapers, I do not think it ne- cessary to send you a copy. 1 regret to state that I have not met any of our cruisers either at this port or off Cape Antonio, nor have I been able to gain any in- formation as to where they probably now are. It is some time since any of them were here. The British Frigate Tribune is here, from Porto Bello, and is about to sail for England with specie. I have the honour to be, &c. JAMES BIDDLE. HON. SMITH THOMPSON, Secretary of the Nacy. Captain Biddle lo Governor Mahy. United Stales Frigate Macedonian, Havana, dprilSQlh, 1822. SIR : I have the honour to represent, that the commercial rela- tions between the United States and Cuba are already very consid- erable, and that they would unquestionably be more considerable, if rendered more secure from unlawful depredations. As these relations, too, are mutually beneficial, it is important to both parties that they should be effectually protected. For this object the government of the United States, on its part, has employed an ade- quate naval force, which is placed under my direction and control. But as the depredations have been committed chiefly in open boats,. fore ,be honour ,. operate m.h me a. lo sanction 141 the harbours. His EXCELLENT Do* NICHOLAS M,r C /'^ BIDDLE - nor o/ Cu6a Parana. ' Cfl;J/am General an * Got nor o/ GovcrnorMaky to Captain Jiiddlc. HAtiai.ATlOX.l " ill. respect to the permission you sol.cit far l-.n r coast w,th troops and people in boaU for ' S =wiS^ --.d., and f 0r .h- , , - 2d May, 1822. ^ NICFIOLAS MAFiY , A . tfla MKS B IDDLB , Esq . K ' ' / - ^', ^^/24/A. l22. honour to acquaint you, for the in/orma.ion o/ the 142 Hon. Secretary of the Navy, that I arrived at St. Bartholomews on the 2d of August ; sailed again on the 7th with convoy for St. Tho- mas. On the morning of the 9th fell in with two Spanish cruizers off Tortola, who demanded permission, and claimed a right to board the Convoy, which being peremptorily refused, they hanled off. The same day 1 arrived at St. Thomas and received from Captain John Souther, of the schr. Coquette of Georgetown, D. C. the en- closed deposition, having been plundered by those vessels. On the 14th 1 left St. Thomas, with two valuable vessels, bound to Curracoa, and on the evening of the 15th saw an hermaphrodite brig, hovering upon our weather quarter, apparently a cruiser continued my course without regarding her ; at day light made her ahead and gave chase ; at half past nine, having gained considerably upon her, she hoisted English colours ; changed them to Spanish at 10, and fired a gun to windward, and at half past 10 hove too, and set a white flag at the fore On nearing her 1 perceived her to be the Pirate that had fired upon and plundered the Coquette, and there- fore considered it rny duty to arrest her. At 20 minutes past 1 1 the Grampus was laid under her lee, within pistol shot, and her surrender demanded as a Pirate, which she affected not to under- stand, and answered me to that import. While repeating the de- mand, he poured into us a full volley from his small arms and can- non, which was instantly retured, and continued three minutes and a half, when he struck his colours, a complete wreck, having one man killed and six wounded, and in a sinking condition. The boats were despatched instantly to their relief, and it was only owing to the great exertions of Lieut. Voorhees, that she was prevented from going down, having received three shot between wind and water, one of which injured the pumps. The Grampus received some trifling injury in her sails and rigging, but not a man hurt. " The captured vessel proved to be the notorious privateer Pal- myra, formerly the Pancheta, from Porto Rico ; carries one long brass 18, and eight 18lb. carronades, and a crew of 88 men. They acknowledge the robbery of the Coquette, and the only excuse given by the officer is, that they could not prevent those things hap- pening now and then. Several of the plundered articles were found on hoard." ST. THOMAS, duputt 10/A, 1822. Personally appeared before us, Capt. John Souther, Comman- der, and in part owner of the Schooner Coquette, of Georgetown, D. C. Who, being duly sworn upon the Holy Evangelist of Al- mighty God, deposeth and saith : That he is a native born citizen of the United States of America, and that, while on a voyage in said vessel to the West India Islands, and on his passage from St. Barthol- omews to St. Thomas, on the morning of the 9th of August, 1822, at 5 A. M. or thereabouts, he was fired at by a sail in chase, upon which, tlic deponent sayeth, he immediately hove too. Was boarded by an officer and boat's crew under Venezulian colours ; they immedi- 143 ately demanded his papers ; after examining them, they commenced searching the vessel, then went into my cabin and searched the births, chests, &c. They took from the vessel stock, and clothing from the officers and men. The deponent further says, she was an hermaphrodite brig with a red streak, and one long gun midships, and several others, not knowing the exact number. JOHN SOUTHER. ATTEST, J. ROHDE, Captain R. Jfaty and Harbor Master. FRANCIS H. GREGORY, Lieutenant Com. U. S.JVaiy. The foregoing deposition of Capt. John Souther having been read before John Peabody, jr. mate of the Schr Coquette, John Reynolds, and Henry Sterling, seamen, and they being duly sworn, declare the same to be true. JOHN PEABODY, JR. JOHN REYNOLDS, ATTEST, HENRY STERLING. J. ROHDE, Captain R, Aary and Harbor Master, FRANCIS H. GREGORY, Lieut. Com U. S. ' Extract of a letter from Lieutenant Commandant Francis H. Gregory, to the Secretary of the Aary. " I have the honour to inform you that this vessel, accompanied by the Palmyra, alias Pancheta, was safely anchored in this port on the 12th, after a passage of 15 days from St. Thomas. The Palmyra was captured on the IGth of August to the southward of St. Croix, by the Grampus, after a short action, in which she was principal sufferer, as detailed in my reports to Captain James Biddle, Com- mander of the United States' Naval Forces cruising in the West In- dies. Copies of which have, for your information, already been forwarded to the Department. " It was my wish and intention, to have entered a more northern port, but light and adverse winds, and the great number of prisoners on board, "obliged me to make the nearest port, and that as soon as possible. The prisoners, 7G in number, have been safely lodged in jail, committed for piracy. At least one-third of them are of the Sugar Key gang, who have come to Porto Rico for the purpose of covering their villany with Spanish commissions. All the original documents respecting this vessel have been placed in the hands of the United States District Attorney, and the vessel libelled. Seve- ral of her own crew have turned informants, and I expect a great scene of villany will be exposed. " I frequently saw gentlemen from Porto Rico while at St. Tho- mas's, and was informed that several -small privateers were fitted out there, which, if not looked after in time, will certainly commit some very serious depredations upon our commerce, as they are, in real ity, nothing but pirates; most of their crew being from the establishments of Cuba, and to their thirst for plunder add a deadly desire of revenge whenever they fall in with a defenceless Ameri- can.'* 144 Extract of a letter from Lieutenant James Ramage, commander of the United Slates schooner Porpoise, to the Secretary of the ./Vary, dated St. Tliomas, 9/A July, 1822. " Having sailed from St. Bartholomews on the evening of the 6th instant, I fell in, the next morning, with two brigs of war, bearing the Mexican flag. I run down, with our colours flying, between them ; and, when opposite to each, received a gun from the one to windward, which was instantly returned from this vessel : shortly after I received a similar salute from that to leeward, which was promptly replied to both vessels, on firing, hauled down the Mexican, and hoisted the Spanish national colours. I then ranged alongside the brig to leeward, observing her crew in a state of ex- treme confusion ; they opened an irregular and ill directed fire oi' grape and musketry, but without any effect. I was in the act of giving orders to return our broadside, when hostilities ceased ; and I directed Lieutenant Curtis to board the brig, and examine her pa- pers : they proved to be H. C. Majesty's brigs Palmyra, of 14 guns, 130 men. and G. Boves, of 8 guns and 100 men, both from Cadiz. The inclosed is a literal copy of a letter addressed me by the senior commanding officer. " I now hasten to communicate the intelligence received by me at this place, which I believe to be entirely authentic : that several Spanish privateers, of considerable force, have lately been equip- ped from the island of Porto Rico, for the purpose of capturing all vessels sailing to or from the ports on the coast of Spanish Ameri- ca, in possession of the Patriot forces, under the plea that they are violating a system of blockade established by the government of Spain. These privateers have already made several captures of American and other. vessels, which have been carried to remote ports in the Island of Porto Rico, and will doubtless be condemned. The injury that will result to the commerce of our country, from this system of pretended blockade, will be very serious, if not timely checked by an adequate force in this quarter : and, as 1 have no means of communicating from hence with Capt. Biddle, I con- sider it my duty to lay the present information before you." S. N. D. G. BOVES, Al tea, July 8, 18'22. M. RAMAGE, U. S. Sc. Poipoise, SIR : I am sorry you will be incomoded with me by firiying you this morning, being the case that we thought you were Patriots, and we have commission from our government to blockade all the men ports, and happened that must all the vessels from the men hmsted and fight with the American flag, we look you to be one of them. I hope therefore you will forgived the uncasionally affair. 1 remain your aincear, &c. PABLO LLUAGEK. To the Captain of the U. S. Sc. Porpoise, 145 United Stales* Schooner Porpoise, Curracoa, July 22> 1622, SIR : I had the honour to address you on the 9ili in8t. from the Island of St. Thomas, communicating the injuries committed on our commerce by Spaninh vessels of war near to Porto Rico, in conse- quence of their pretended blockade of the Coasts of Spanish America. I have now to inform you that the same causes -have produced the same effects in this quarter, and that four American vessels have been condemned at Porto Cabello for a breach of blockade. The naval force of Spain in these seas consists of an old 44 gun frigate (one of the Russian contract,) a brig and schoon- er. These are employed in furnishing supplies to Porto Cahello from this island, and yet with such a force and so employed, they uphold the monstrous principle of blockading a coast of more than 1200 miles in extent. It does not appear that any injury has been committed on our commerce by the vessels of the Colombian Re> public. I have the honour to be, &c. JAMES RAMAGE. Hon. SMITH THOMPSON, SeJyNary. Bxtract of a letter from Lieutenant Jamet Ramage, commander of the Unilei States' schooner Porpoise, to Captain James Biddle, commanding the naval forces in the West Indies. " Under the plea of a breach of blockade, the Spanish squadron in this direction, capture all vessels bound to or from ports in possession of the Colombian Republic. The naval force of Spain, now here, consists of an old 44 gun frigate, the Ligera, (one of the Russian contract,) an 18 gun brig, the Hercule, and a schooner ; the whole of which are employed supplying Porto Cabello witbi provisions from Curracoa ; yet, with such a force, and so employed, they uphold the monstrous principle of blockading a line of coast of more than 1200 miles in extent." Gopy of a letter to Captain Laborde, Commanding Itis Catholic Jttajesty^s- Frigate Ligera. UHITED STATES' SCHOONER PORPOISE, Harbour of St. Ann, Curracoa, 21st July, 1822. SIR : I have received from the master of the American schooner Antelope a communication, of which a copy is herewith transmit- ted you. From this statement it appears that a very serious injury has been done by you to the rights and property of citizens of the- United States, by the capture and subsequent condemnation of an American vessel and cargo pursuing a lawful commerce ; but it is hoped that more just reasons will be exhibited on your part for the course pursued, than those stated in the communication referred to. I have received information that the American vessels named un- derneath, have been carried into Porto Cabello, and there con- demned under the pretext of a breach of blockade of the coast and harbours of the Spanish .Main. In consequence, thereof, it be-* comes my duty to demand from you the release of all vessels and property so seized, and further to state, that the United States can- 10 146 not recognize such a system of blockade to the manifest injury of their commerce, where the force of Spain is so evidently inadequate to its fulfilment. I am, &c. &c. JAMES RAMAGE. To Capt. LABORDE, Commanding H. M. C. M. Frigate Lig'ra, Curracoa. American brigs Calypso of New York, Rising States of New York, schr. Union of Salem. Statement of Arthur Edgarton, mate of the brig General JJndrew Jackson, Arthur Edgarton, mate of the brig General Andrew Jackson, ta- ken by the privateer General Pereira, on the 22nd July, as nigh as he can remember, the log book being taken from him Capt. Langdon and the cook were sent in the brig to Ponce, and the mate and men were taken on board the privateer, having been robbed of every article of clothing, except what they had at the time on their backs. The men had .recently left the United States, and had each anew suit of good clothes, many of which can, at most hours, be seen at this place, worn by the crew of the privateer in public. Except being robbed of clothing, knives, razors, &.c. were well treat- ed onboard the privateer, where they remained about seventeen days were then put into the Puntilla (prison) without food, until the afternoon of the third day. The keeper of the prison observ- ing the wants of these men, sent word to the captain of the priva- teer. " That he must furnish them daily with food, or he would be punished ; " which was complied with. Captain Spence to the Secretary of the JVary, transmitting Correspondence with the Governor of Porto Rico, marked A. to G. inclusive. U. S. SHIP CYANE, St. John's, Porto Rico, Sep. 3rf, 1822. SIR : After a passage of twenty-tive days from the Chesapeake, during which we experienced an alternation of calms and head winds, I anchored in this harbour. I found no small excitement existing, produced by the capture of the Pancheta. The presence of a ship of our force was perhaps seasonable ; and possibly may have been the means of preventing unpleasant consequences to the Americans here. Before I could enter upon the business specially delegated, I was informed of the imprisonment of several citizens of the United States, taken from the brig General Jackson, captu- red and sent into Ponce. As no American ought to be restrained of his liberty, in any quarter of the world, one hour, without just cause, I addressed his Excellency Don Francisco Gonzalez de Li- narez, demanding their release. My letter, marked A, is here- with transmitted. The men being liberated, I felt myself at liber, ty to enter upon the execution of my instructions, and imme- diately addressed him upon the subject of the capture of American vessels by privateers out of the island of Porto Rico. A copy of my letter, marked B, is herewith enclosed. On the 27th ult. I addressed to his Excellency letter C, annexing memorandum No. 1, being a list of vessels sent into the different ports of the Island, for adjudication. On the 28th I received from his Excellency a reply to my representations, which is herewith transmitted, with other subsequent communications from him. I then addressed to him letter D, with copies of the accompanying documents, 2, 3, and 4. Some of the circumstances of the capture of the Pancheta being known, for the purpose of preventing the ill effects of distorted and prejudiced representations, and to allay the sensation? of which his Excellency speaks, I addressed to him, on that subject, letter marked E, Receiving several reiterative communications, of which I ob- tained but very imperfect translations, 1 replied with letter marked F, and came to the consummation of the duty confided to me in letter G, and 1 trust, in the declarations there made, I have neither gone beyond the letter or spirit of my instructions ; having been influ- enced throughout the whole correspondence, by a strong desire to discharge a delicate trust with becoming graciousness ; and, while milking known the sentiments of the American people, and the de- termination of my government, to conciliate, by a friendly style and manner, the good feelings of those in authority, all of whom are men of high standing, and justly estimable. I hope my re- marks on the laws of blockade will be considered by yourself and the President pertinent and proper. 1 believe I conceived your views on that subject. It cannot, however, be expected that an officer who embarked at the age of eleven on an element where the accomplishments of a scholar are not required, should shine in a correspondence of a diplomatic cast ; especially when depending wholly on his own feeble capacity. What I have written on this occasion, has been with a heart glowing with American feelings, with an enthusiastic admiration of our laws, institutions, and great men ; if therefore, a little egotism should occasionally appear, I plead this in extenuation. The hospitality of the port has been freely and fully extended to my ship, and the personal attention? of those in authority have been gratifying to me and my officers. To a system of privateering they are opposed ; and the governor will do all in his power to discour- age its continuance. Indemnification for the past, I fear, we shall have to look for to the treasury of Spain. I shall be active in attending to every thing in which the interest uf our commerce is concerned ; and shall endeavour to sustain the American character by a manner gentle, yet firm taking on myself no responsibility, keeping constantly in eye the reciprocal rights of nations, and your instructions. 1 have the honour to remain, sir, your obedient servant, ROBERT TRAIL SPENCE. P. S. I shall leave these seas the last of October for Africa. The Hon. SMITH THOMPSON, Secretary of the Navy, Washington. A. UNITED STATES' SHIP CYANE, St. John's, Porto Rico, August ZGlh, 1822. SIR : Instructed to proceed to Porto Rico, to communicate with 148 your Excellency, in relation to the infringement of American rights, by vessels fitted out of different ports of this Island I had scarcely anchored with this ship, ere I learnt that several, citizens of the United States (after experiencing the most brutal treatment from a gang of desperadoes, belonging to an armed schooner, now in, and eaid to be of this place,) have been imprisoned, and are at present in confinement. These American citizens I understand were taken from the brig Andrew Jackson, while peaceably pursuing their vocation on the high seas, under the flag of the United States. So gross a violation of the usages of all civilized nations, is cal- culated to excite universal abhorrence, and the just indignation I am persuaded your Excellency must feel on being informed of such an atrocious act, renders it only necessary that it should come to the knowledge of your Excellency, to cause the immediate release of said citizens, and the prompt and salutary punishment of those violators of the laws of nations and humanity. With the most perfect consideration, &c. ROBERT T. SPENCE. His Excellency FRANCISCO GONZALEZ DE LIXARES, Governor of Porto Rico. B UNITED STATES' SHIP CYANE, Porto Rico, August 27, 1822. SIR : I am directed to call the attention of your Excellency to the capture and detention, by privateers fitted out from this Island, oi M-veral American merchant vessels, while pursuing a lawful commerce during a time when the United States enjoy profound peace with all nations. Your excellency will readily perceive, that under such circum- stances, the violation of American rights here complained of, calls for a speedy interposition of justice and authority. Justice, that a restitution of these captures may be made, and authority to pre- vent a repetition of similar outrages. I will, as soon as possible, transmit to your Excellency the names of the vessels to which this complaint refers, with a statement of the circumstances attending their capture ; confidently believing that your Excellency will adopt, as early as possible, such mea- sures as shall, in your wisdom, be deemed sufficient to arrest these depredations, which, in some cases, can be viewed in no other light than piratical. The flag of the United States, floating in every ocean, guaranties protection to all who lawfully sail under it the invasion of rights identified with this flag, it would neither be honourable, wise, nor expedient to permit, and that trade to which, as a neutral, the United States have claim uninterruptedly to pursue, cannot be molested. The American commerce, second to none for magnitude, enter- prise, and fair dealing, must, to insure a continuance of these con- stituent features, be preserved inviolate ; and the protection ne- 149 pessary to effect this object, the government of the United States is determined to afford, whether in the seas of the Mediterranean, Pacific, or Caribbean, where outrages, tending to degrade the flag under which they are committed, are daily occurring ; these, as far as they shall come under the cognizance ot your excellency, 1 am persuaded will be restrained and prevented. The amiable and friendly footing, on which Spain and the United Stales are at this time, convinces me, that nothing more than a proper representation of these facts is required, to call the sub- ject-matter to th immediate attention of your Excellency. Fully believing this, I have the honour to remain, &c. ROBERT T. SPENCE. His Excellency Dow FRANCISCO GONZALEZ DE LINAREZ, Governor of Porto Rico. c. U. STATES' SHIP CYASE, ST. JOHN'S, PORTO Rico, August 28, 1822. Sm : Having informed your Excellency that I have been instruct- ed to proceed to this place, to communicate with your Excellency on the subject of captures, made by privateers fitted out of this Isl- and, of American vessels, while pursuing, in time of peace, a lawful trade, 1 now have the honour to transmit a memorandum, embracing the names of these vessels, and the circumstances attending their seizure. It appears that some of these vessels have been sent in, and after a grievous detention, declared to be a " bad prize ;" subject, how- ever, to pay all the costs of suit, and one-third of the expenses of the privateer. To one as profound in all matters of law and equity as your Ex- cellency, this must appear a strange proceeding ; a proceeding, calling, with much emphasis, for the interposition of your Excel- lency's authority, to remedy evils bearing a character calculated to diminish the high respect heretofore entertained by the world, for the equitable decisions of Spanish Courts. A pretended violation of blockade, it appears, is the pretext for sending into the ports of this island, vessels navigating the sea under the American flag. The whole, therefore, may be resolved into two descriptions of cases : The first, comprising vessels seized and again released as " bad prizes" paying the whole of the costs ot" trial, and a poition of the expenses of the privateer. The principles of equity applicable to such cases are too simple to require exposition. ^The innocent are not to pay the penalty of another's guilt or imprudence. If an American is interrupted in her voyage, captured and vexatiously detained, until a judicial in- vestigation determines her to be a " bad prize," it seems to rne self-evident, that all costs of the suit should be paid by the captors, in whom the wrong is ; add to this, that proper damages should be levied on the aggressor, that the sufferer may be fairly indemnified, and the " pm'vateersman," he restrained in future by a fear of be- 150 ing, in all similar eases, called upon to make good the injury re- sulting from his wantonness ; without suchj a check, what is there to limit the mischief done by men of this order, who, stealing from their dens and lurking places, pollute the ocean with the blood of defenceless sailors, and gorge their cupidity with the spoils of plun- der and ravage ? The good of every nation, and the honour of some^require that so foul a system should be made to cease, that every navigable sea may be rendered safe to the honest efforts of enterprise. The second description of cases to which I wi^h to call the im- mediate attention of your Excellency, are those vessels sent in un- der a pretext of attempting to enter a blockaded port. The pacific policy uniformly pursued by the government of the United States, the just and liberal principles by which it has been governed through all its various struggles, to treat all nations as friends, and, especially, to be on the most friendly footing with Spain, entitle the citizens of America to the privilege of navigating the seas without molestation, on pretexts so flimsy as those of violating a " blockade" which has never existed de facto. It is well understood, that a blockade to carry with it the pen- alty of forfeiture, must be conformable to the established opinions of those distinguished civilians, who have fully and ably expound- ed this subject. In the first place it must be practicable ; it must be defined with- in limits commensurate with the ability ; a stationary force must intervene ; the vessel entering must be warned off ; these, and other qualifications are essential to constitute a blockade, as now understood by the President of the United States and other great statesmen. If, then, such is the form and nature of a blockade ; if the constant presence of a stationary squadron, adequate to the pur- pose of intercepting all vessels, is indispensable ; how is it, that a whole coast, without any definite limit, should be under the ban of interdiction, without any visible force ; consequently, without the first requisite of a blockade ? While such pretexts for spoliation exist, and the commerce of the United States is thus devastated, the relations of love and friend- ship now existing between the two nations must be shaken, and a state of things produced such as I am persuaded your Excellency will feel desirous to avert. I trust I shall be excused these remarks, made to one by whom the principles of " blockade" are fully understood, and whose ex- perience is such as to render the application of them in all cases just and proper. It will readily occur to the wisdom and justice of your Excel- lency that injuries sustained by American citizens from illegal seizure and detention, carry with them a fair claim to indemnity ; and that where there has been a manifest partiality in the courts deciding on some of the cases presented for your consideration, that the arm of authority should be extended to remedy, and to re- 151 quire more equitable decisions. In these cases it is hoped an pected that your Excellency will direct arevisal of the proceeding* of subordinate tribunals, that such of the citizens of the United States as have suffered by them may be immediately made whole in their property, and receive damages (or unjustifiable detention. Your Excellency, influenced by high and honourable motives, will doubtless see the propriety of ordering all American vessels now detained to be forthwith released, and the punishment of ma- rauders who have tarnished the dignity of the Spanish character by acts of inhuman treatment to citizens of the United States ; by the most flagrant outrages ; by a prostration of all the usages of civilized society ; thereby bringing the commercial world into a state truly to be deplored, tending to arm man against his brother man, and to make safety no where but in strength and habitual hos- tility. > Submitting this application to the effrly attention of your Excel- lency, and calling upon your Excellency immediately to interpose your authority to prevent a continuance of these causes of just complaint, and confidently believing that your love of justice, or- der and humanity, will impel you promptly to meet the wishes of my government on this subject. I remain, with the most perfect consideration, your Excellency's obedient servant, ROBERT T. SPENCE. His Excellency DON FRANCISCO GONZALEZ DE LI.VAREZ, Governor of Porto Rico. List of American t'essch captured by Spanish Privateers^ and tent into the dif- ferent Porlt of Porto Rico. Barque American, Emery master, of Kennebunk. This vessel was sent into Cape Roxo by the Spanish Felucha la Carmen, tried, and declared a bad prize, but sentenced to pay all costs of the trial, and one third of the charges of the privateer for her detention ; and was compelled, in consequence, to sell her cargo at a great sacrifice. Brig Sam, of Portland, Crowell master. This vessel was sent into Cape Roxo by the same privateer, and it is understood that she is still detained. Brig Bliss, of Baltimore, Dungan master. This vessel was sent into Cape Roxo by the same privateer, and after a vexatious deten- tion was suffered to proceed, paying all the costs of trial, and one- third of the expenses of the priviteer. Brig Elizabeth, of Georgetown, West master. This vessel was sent into Aguadeila by the privateer General Pereira, for trading to a blockaded port. Brig General Jackson, of New York, Langdon master, captured and sent into Ponce by the schooner General Pereiia, at which place she is now detained ; and part of her crew, after very inhuman treatment, imprisoned at this place. D. STATES* SHIFCXANE, St. John's, Porto Rico, August 29//i, SIR : I have the honour to acknowledge the receipt of your Excel- lency's letter of the 27th instant, (a translation 1 have but this mo- ment been able to obtain,) in which you refer me to a communica- tion made to Mr. Lord, the commercial agent, in reply to an appli- cation made the day previous to my arrival, for the release of the crew of the brig Andrew Jackson. The sentiments and expres- sions of your excellency in relation to this outrage are duly appre ciated. I felt persuaded that the harsh and illegal imprisonment ol unoffending American citizens could not have come to the know- ledge of your excellency ; and there are other outrages of similar character not yet known, I am convinced, to the high authorities oi Porto Rico. I beg leave to enclose yoif a copy of a letter from the Govern- ment Interpreter at Ponce, into which place the brig Andrew Jack- son was taken. This is a representation from a Spanish functiona- ry, and your excellency, 1 doubt not, will agree with me, that if the facts there stated are true, there is no other application by which I could designate the perpetrators of such inhuman severity, save that of " desperadoes ; " men restrained by none of the gentle obligations ofhutnanity. It is a facl, notoriously known, that the crew of the " Andrew Jackson, " illegally and harshly confined at the time of my writing to you had been previously robbed of every thing save the clothes they had on at the time of entering the prison ; their jack-knives were even cut from their laniards ! If to men who can thus act, who can divest a defenceless " American Tar " of every thing, even to his wearing apparel, I could apply any other distinguishing name than that of " robber " 1 confess to your excellency 1 should have selected a milder epithet. A glance at the history of the past, displays, in the Spanish char- acter, the principles and high sentiments, of which you speak ; the island before us bears full testimony of their enterprize and great- ness. It was to those sentiments and principles I appealed, when I requested your early attention to proceedings calculated to sully that dignity of which every " Spaniard," is justly proud. The capture of the Pancheta by a vessel of war of the United States was entirely unknown to me on my arrival at St. John's ; but, I can confidently assure your Excellency, that you have been mis- informed as to some of the circumstances attending it. I have un- derstood that the privateer Pancheta has been of considerable an- noyance to our commerce in these seas, and that, falling in with the United States schooner Grampus, fired into her. The consequen- ces that would result from such an act, may be conceived by your Excellency. The instructions given to officers of the American x, On making the enumeration of these matters, I must call your attention to my former answers, because they have already bceiv treated of in them implicitly and explicitly. Notwithstanding, I will repent to you that the decision upon the justice or injustice, the validity or invalidity, the legality or illegality, of the blockade on the coast of Terra Firma, is beyond my authority : that the pri- vateers are infermed by the ordinances of their cruise of their re- spective obligations, for the transgression of which they will be re- sponsible, and punished by the laws, in the same manner as in si- milar cases the privateers of the United States would be by the jus- tice of the government, if they should transgress the limits which should be prescribed to them, but without this transgression they should not be responsible : lastly, that, by the political constitution of the Spanish Monarchy, the functions of the judicial power are clearly designated, the government being totally prohibited from being joined with them ; and one of the great props of civil liberty consisting in this clear separation. To preserve interior tran- quillity and security ; to procure public prosperity ; to maintain established order ; to watch over the observance of the laws ; to publish them ; to cause the execution of the decision? of the courts of justice, to be in all its parts an agent of the Government here, sir, you may see the circle of my functions. God preserve you m.my years. FRANCISCO GONZALEZ DE LINAFxEZ. PORTO Rico, 9lh Sept. 1822. Zx tract of a letter from Captain Robert T. Spence, commander of the United Slates ship Cyane, to the Stcretary of the. Nary, dated St. John's, Porto Rico, September 5/A, 1822. 'Since my letter of the 3d instant, transmitting my correspon- dence, 1 have had a conversation with the governor, who begs ine to be assured, that all he can do, shall be done to meet my wishes, in relation to the privateers fitted out of the Inland ; that those al- ready out were equipped before he assumed the government ; that he is opposed to it, both in his private and public capacity ; that future restraints shall he placed upon them ; and that he will re- medy all abuses, as far as he has the power. That the brig An- drew Jackson he had ordered to be set at liberty ; that he should inquire into the caue of her detention, and, unless good and suffi- cient reasons can be given, he will take steps to cause the judge to be removed. In fine, that he will do his utmost to keep the laws of nations inviolate. That, upon the subject of blockade he can do nothing ; it was a question that must be settled between the two governments ; the blockade had been declared by General Morillo, it was recognized, and the consequences of violating it were inev- itable ; over this question he had no controul." List of the Names and Force of the Prioaleers fitted out from the various Ports of the Island of Porto Rico. PalomQ A full rigged brig, pierced for twenty guns, carries six gun? (18lb. carronades) has a complement of one hundred and thir- ty men. Fitted out from this port, and now on a cruise. Pancheta An hermaphrodite brig, pierced for sixteen guns, car- ries ten to twelve guns, has a complement of one hundred and twen- ty men captured by the Grampus. Schooner General Pereira Pierced for sixteen gun*, carries six to eight guns, and has a complement of eighty men ; is fitted out from this place, and now in this port. Schooner Bruquena Carries four guns and fifty to sixty men ; fitted out from this port, and now on a cruise. Schooner Hora de la Mar Fitted out from Faxardo, and now on a cruise : carries one gun and forty men. Flechera la Carmen Fitted out from Porto Cabello ; carries four guns, and a complement of fifty men. Besides the above, there are I am informed) three or four other small privateers, from the different ports of this Island, of the names -tad force of which 1 have no knowledge. 164 Official Communications from the Department to Com- modore Porter. A. NAVY DEPARTMENT, February 1, 1823. SIR : You have been appointed to the command of a squadron, fitted out under an act of Congress of the 20th of December last, to cruise in the West India Seas and Gulf of Mexico, for the pur- pose of suppressing piracy, and affording effectual protection to the citizens and commerce of the United States. Your attention will also be extended to the suppression of the slave trade, accord- ing to the provisions of the several acts of Congress on that subject ; copies of which, and of the instructions heretofore given to our na- val commanders thereon, are herewith sent to you. While it is your duty to protect our commerce against all unlawful interrup- tion, and to guard the rights, both of person and property, of the citizens of the United States, wherever it shall become necessary, you will observe the utmost caution not to encroach upon the rights of others ; and should you, at any time, be brought into discussion or collision, with any foreign power, in relation to such rights, it will be expedient and proper that the same should be conducted with as much moderation and forbearance as is consistent with the honour of your country and the just claims of its citizens. Should you, in your cruise, fall in with any foreign naval force, en- gaged in the suppression of piracy, it is desirable that harmony and a good understanding should be cultivated between you ; and you will do every thing on your part, that accords with the honour of the American flag, to promote this object. So soon as the vessels at Norfolk shall be ready for sea, you will proceed to the West Indies, by such route as you shall judge best for the purpose of ef- fecting the object of your cruise. You will establish, at Thomp- son's Island, usually called Key West, a depot, and land the ord- nance and marines to protect the stores and provisions ; if, how- ever, you shall find any important objection to this place, and a more suitable and convenient one can be found, you are at liberty to select it as a depot. You will announce your arrival and object to the authorities, civil and military, of the Island of Cuba, and endeavour to obtain, as far as shall be practicable, their co-operation, or at least their favourable and friendly support, giving them the most unequivocal assurance, that your sole object is the destruction of pirates. The system of piracy which has grown up in the West Indies, has ob- viously arisen from the war between Spain and the New Govern- ments, her late provinces, in this hemisphere, and from the limited force in the Islands, and their sparse population, many portions of each being entirely uninhabited and desolate, to which the active authority of the Government does not extend. It is understood that establishments have been made by parties of those banditti, in uninhabited parts, to which they carry thc>ir plunder, and re- heat in time of danger. It cannot be presumed that the Govern- ment of any island will afford any protection or countenance to such robbers. It may, on the contrary, confidently be believed, that all Government-, and particularly those most exposed, will afford all means in their power for their suppression. Pirates are considered, by the law of nation*, the enemies of the human race. It id the duty of all nations to put them down ; and none, who respect their own character or interest, will refuse to do it, much less afford them an asylum and protection. The nation that makes the greatest exertions to suppress such banditti, has the greatest merit. In making such exertions, it has a right to the aid of every other power, to the extent of its means, and to the enjoy- ment, under its sanction, of all its rights in the pursuit of the object. In the case of belligerents, where the army of one party enters the territory of a neutral power, the army of the other has a right to follow it there. In the case of pirates, the right of the armed force of one power to follow them into the territory of another, is more complete. In regard to pirates, there is no neutral parly, thfv bring the enemies of the human race ; all nation? are parties .i^am^t thiin, and may be considered as allies. The object and in- tention of our Government is, to respect the feelings a* well as the rights of others, both in substance and in form, in all the measures which may be adopted to accomplish the end in view. Should, therefore, the crews of any vessels which you have seen engaged in nets of piracy, or which you have just cause to suspect of being of that character, retreat into the ports, harbours, or settled parts of the island, you may enter, in pursuit of them, such ports, har- bours, and settled parts of the country, for the purpose of aiding the local authorities, or people, as the case may be, to seize and bring the offenders to justice, previously giving notice that this a your sole object. Where a Government exists, nnd is felt, you will, in all instance?, respect the local authorities, and only act in aid of, and co-opera- tion with them ; it being the exclusive purpose of the United States to suppress piracy, an object in which all nations are equal- ly interested ; and, in the accomplishment of which, the Spanish authorities and people will, it is presumed, cordially co-operate, with you. If, in the pursuit of pirates, found at sea, they shall re- treat into the unsettled parts of tho islands, or foreign territory, you are at liberty to pursue them, so long only as there is reasonable prospect of being able to apprehend them ; and in no case are you at liberty to pursue and apprehend any one, after having been for- bidden so to do by competent authority of the local government. And, should you, on such pursuit. Apprehend any pirates upon land, you will deliver them over to the proper authority, to be dealt with according to law, and you will furnish such evidence as shall be in your power, to prove tho offence alleged against them. Should 163 the local authorities refuse to receive and prosecute such persons, so 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, with- out delay, to this Department, the particular circumstances of such ca^es. Great complaints are made of the interruption and injury to our commerce, by privateers fitted out from Spanish ports. You will endeavour to obtain, from the Spanish authorities, a list of the vessels so commissioned, and ascertain how far they have been in- structed to intercept our trade with Mexico and the Colombian Re- public, impressing upon them, that, according to the well-settled rule of the law of nations, the United States will not consider any portion of coast upon the Gulf of Mexico as legally blockaded, ex- cept where a naval force is stationed, sufficient to carry into effect the blockading order or decree; and that this Government does not require the right or authority of Spain to interdict, or interrupt our commerce with any portion, of the coast included within the Colombian Republic or Mexican Government, not actually blocka- ded by a competent force. All the United States' ships and vessels of war in the West In- dies', of which a list is herewith enclosed, are placed under your command, and you will distribute them to such stations as shall ap- pear to you best calculated to afford complete protection to our commerce, in which you will embrace the object of protecting the convoy of specie from Vera Cruz, and the Mexican Coast, general- ly, to the United States. Keep one vessel, at least, upon this ser- vice, to be at or near Vera Cruz during the healthy season of tho year, and to be relieved as occasjon shall require, both for the con- voy of trade, and to bring specie to the United States, confining the transportation to the United States only. You will be particularly watchful to preserve the health of the officers and crews under your command, and to guard, in every possible manner, against the unhealthiness of the climate, not permitting any intercourse with the shore where the yellow fever prevails, except in cases of abso- lute necessity Wishing you good health, and a successful cruize, 1 am, very respectfully, your obedient servant, SMITH THOMPSON. Com. DAVID PORTER, Comm'rf'g U. S. Naval Force, West India. Laws of the United States relative to the Slave Trade. Resolution adopted by the House of Representatives, February 8th, 1823. Resolved, That the President of the United States be requested to enter upon, and prosecute, from time to time, such negotiations with the several maritime powers of Europe arid America, as he may deem expedientfor the effectual abolition of the African Slave- Trade ; and its ultimate denunciation, as piracy, under the law of nations, by the consent of the civilized world. 167 An ACT ti> prohibit the carrying on the Slave-Trade from the United States to any foreign place r^CJbuntry. [Laws of the U. S. vol. 2, p. 388.J [SKCT. I.J Be it enacted by the Senate and House oj Representa- tives of the United States of America in Congress assembled, That no citizen or citizens of the United States, or foreigner, or any other person coming into, or residing within the same, shall, for himself or any other person whatsoever, either as master, factor, or owner, build, fit, equip, load, or otherwise to prepare any ship or vessel within any port or place of the said United States, nor shall cause any ship or vessel to sail from any port or place within the same, for the purpose of carrying on any trade or traffic in slaves, to any foreign country ; or for the purpose of procuring, from any foreign kingdom, place, or country, the inhabitants of such kiogdom, place, or country, to be transported to any foreign country, port, or place, whatever, to be sold or disposed of as slaves : and if any ship or vessel shall be so fitted out, as aforesaid, for the said pur- poses, or shall be caused to sail, so as aforesaid, every such ship or vessel, her tackle, furniture, apparel, and other appurtenances, shall be forfeited to the United States ; and shall be liable to be seized, prosecuted, and condemned, in any of the circuit courts or district court for the district, where the said ship or vessel may be found and seized. SECT. 2. And be it further enacted, That all and every person, so building, fitting out, equipping, loading, or otherwise preparing, or sending away, any ship or vessel, knowing, or intending, that the same shall be employed in such trade or business, contrary to the true intent and mean'ng of this act, or any ways aiding or abet- ting therein, shall severally forfeit and pay the sum of two thou- sand dollars ; one moiety thereof to the use of the United States, and the other moiety thereof to tbe use of him or her who shall sue for and prosecute the same. SECT. 3. And be it further enacted^ That the owner, master, or factor, of each and every foreign ship or vessel, clearing out for any of the coasts or kingdoms of Africa, or suspected to be intended for the slave-trade, and the suspicion being declared to the officer of the customs, by any citizen, on oath or affirmation, and such in- formation being t the satisfaction of the said oflicer, shall first give bond with sufficient sureties, to the Treasurer of the United Slates, that none of the natives of Africa, or any other foreign country or place, shall be taken on board the said ship or vessel, to be trans- ported or sold as slaves, in any other foreign port or place whatev- er, within nine months thereafter. SECT. 4. And be it further enacted, That if any citizen or citizens of the United States shall, contrary to the true intent and meaning of this act, take on board, receive or transport any such persons, us above described in this act, for the purpose of selling them as slaves, as aforesaid, he or they shall forfeit and pay, for each and every person so received on board, transported, or sol I as afore- said, the sum of two hundred dollars, to be recovered in any court itil of the United States proper to try the ai$e ; the one moiety there- of to the use of the United States, and thfe..,*ther moiety to the use of such person or persons who shall sue for and prosecute the gam e t [Approved, March 22, 1794. An ACT in addition to the act, intituled " An Act to prohibit the carrying OB the Slave-Trade from the United States to any foreign place or country." [Laws U. S. vol. 3, p. 382. J [SECT. 1 ] Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, That it shall be unlawful for any citizen of the United States, or other per- son residing within the United States, directly or indirectly to hold or have any right or property in any vessel employed or made use of in the transportation or carrying of slaves from one foreign coun- try or place to another, and any right or property, belonging as aforesaid, shall be forfeited, and may be libelled and condemned for the use of the person who shall sue for the same ; and such person, transgressing the prohibition aforesaid, shall also forfeit and pay a sum of money equal to double the value of the right or property in such vessel, which he held as aforesaid ; and shall also forfeit a sum of money equal to double the value of the interest which he may have had in the slaves, which at any time may have been transported or carried in such vessel, after the passing of this act, and against the form thereof. SECT. 2. And be it further enacted, That it shall be unlawful for any citizen of the United States, or other person residing therein, to serve on board any vessel of the United States employed or made use of in the transportation or carrying of slaves from one foreign country or place to another ; and any such citizen or oth- er person, voluntarily serving as aforesaid, shall be liable to be in- dicted therefor, and on conviction thereof, shall be liable to a fine not exceeding two thousand dollars, and be imprisoned not exceed- ing two years. SECT. 3. And be it further enacted. That if any citizen of the United States shall voluntarily serve on board of any foreign ship or vessel, which shall hereafter be employed in the slave trade, he shall, on conviction thereof, be liable to, and suffer the like for- feitures, pains, disabilities and penalties as he would have incurred, had such ship or vessel been owned or employed, in whole or in part, by any person or persons residing within the United States. SECT. 4. And be it further enacted, That it shall be lawful for any of the commissioned vessels of the Unired States, to seize and take any vessel employed in carrying on trade, business, or traffic, con- trary to the true intent and nreaning of this or the said act to which this is in addition ; and^uch vessel, together with her tackle, apparel and gun?-, and the goods or effects, other than slave?, which shall be found on board, shall be forfeited, and may be proceeded against in ;my of the district or circuit court?, and shall be condemned for the n*p. of the officer? and crew of the vessel making the seizure, 169 ,' ind be divided in the proportion directed in the case of prize : And all persons interested in such vessel, or in the enterprise or voyage in which such vessel shall be employed at the time of such capture, shall be precluded from all right or claim to the slaves found on board such vessel as aforesaid, and from all damages or retribution on account thereof : And it shall moreover be tlie duty of the commanders of such commissioned vessels, to appre- hend and take into custody every person found on board of such ves- sel so seized and taken, being of the officers or crew thereof, and him or them convey, as soon as conveniently may be, to the civil authority of the United States in some one of the districts t lereof, to be proceeded against in due course of law. SKCT. 5. Aid be it further enacted, That the district and circuit courts of the 1 nited States shall have cognizance of all acts and offences against the prohibitions herein contained. SECT. 6. Provided nevertheless, and be it further enacted, That nothing in this act contained shall be construed to authorise the bringing into cither of the United States, any person or persons, the importation of whom is, by the existing laws of such state, prohib- ited. SECT. 7. And be it further enacted, That the forfeitures which shall hereafter be incurred under this, or the said act to which this is in addition, not otherwise disposed of, shall accrue and be one moiety thereof to the use of the informer, and the other moiety to the use of the United States, except where the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use. [Approved, May 10, 1800.] An ACT to prevent the importation of certain persons into certain states, where, by the laws thereof, their admission is prohibited. [Laws U. S. vol. 2, p. 529.] [SECT. 1 .] Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, That, from and after the first day of April next, no master or captain of any ship or vessel, or any other person, shall import or bring, or cause to be imported or brought, any negro, mulatto, or other per- son of colour, not being a native, a citizen, or registered seaman of the United States, or seamen, natives of countries beyond the Cape of Good-Hope, into any port or place of the United States, which port or place shall be situated in any state which by law has prohibited or shall prohibit the admission or importation of such negro, mulat- to, or other person of colour, and if any captain or master afore- said, or any other person, shall import or bripg, or cause to be im- ported or brought into any of the ports or places aforesaid, any of the persons whose admission or importation is prohibited, as afore- said, he shall forfeit and pay the sum of one thousand dollars for each and every negro, mulatto, or other person of colour aforesaid, brought or imported as aforesaid, to be sued for and recovered by action of debt, in any court of the United States ; one half thereof to the use of the United States, the other half to any person or per- 22 sons prosecuting for the penalty ; and in any action instituted for the recovery of the penalty aforesaid, the person or persons sued may be held to special bail : Provided always, That nothing contained in this act shall be construed to prohibit the admission of Indians. SECT. 2. And be it further enacted, That no ship or vessel arriv- ing in any of the said ports or places of {he United States, and hav- ing on board any negro, mulatto, or other person of colour, not being a native, a citizen, or registered seamen of the United States, or seamen natives of countries beyond the Cape of Good Hope as aforesaid, shall be admitted to an entry. And if any such negro, mu- latto, or other person of colour, shall be landed from on board any ship or vessel, in any of the ports or places aforesaid, or on the coast of any state prohibiting the admission or importation, as afore- said, the said ship or vessel, together with her tackle, apparel, and furniture, shall be forfeited to the United States, and one half of the nett proceeds of the sales on such forfeiture, shall inure and be paid over to such person or persons on whose intorumtion the seizure oa such forfeiture shall be made. SECT. 3. And be it further enacted, That it shall be the duty of the collectors and other officers of the customs, and all other offi- cers of the revenue of the United States in the several ports er places situated as aforesaid, to notice and be governed by the provisions of the laws now existing, of the several states prohibiting the admission or importation of any negro, mulatto, or other person, of colour, as aforesaid. And they are hereby enjoined vigilantly to carry into effect the said laws of said states, conformably to the provisions of this act ; any law of the United States lo the contrary notwithstanding. [Approved, February 28, 1803-1 An ACT to prohibit the importation of Slaves into any port or place within the jurisdiction of the United Stales, from and after the first day of Januaiy, in the yeai of our Lord one thousand eight hundred and eight. [Laws U. S. vol. 4, p. 94.] [SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the first day of January, one thousand eight hundred and eight, it shall not be lawful to import or bring into the United States, or the territories thereof, from any foreign kingdom, place, or coun- try, any negro, mulatto, or person of colour, with intent to hold, sell, or dispose of such negro, mulatto, or person of colour, as a slave, or to be held to service or labour. SECT. 2. And be it further enacted, That no citizen or citizens of the United States, or any other person, shall, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight, for himself or themselves, or any person what- soever, either as master, factor, or owner, build, fit, equip, load, or otherwise prepare any ship or vessel, in any port or place within the jurisdiction of the United States, nor shall cause any ship or vessel to sail from any port or place within the same, for the pur- 171 pose of procuring any negro, mulatto, or person of colour, from any foreign kingdom, place, or country, to be transported to anv port or place whatsoever, within the jurisdiction of the United States, to be held, sold, or disposed of as slaves, or to be held to service or labour : and ifany ship or vessel shall be so fitted out for the pur- pose aforesaid, or shall be caused to sail so as aforesaid, every such ship or vessel, her tackle, apparel, and furniture, s-hall be forfeited to the United States, and shall be liable to be seized, prosecuted, and condemned in any of the circuit courts or district courts, for the district where the said ship or vessel may be found or seized. SECT. 3. And be it further enacted. That all and every person so building, fitting out, equipping, loading, or otherwise preparing, or sending away, any ship or vessel, knowing or intending that the same shall be employed in such trade or business, from and after the first day of January, one thousand eight hundred and eight, contrary to the true intent and meaning of this act, or any ways aiding or abetting therein, shall severally forfeit and pay twenty thousand dollars ; one moiety thereof to the use of the United States, and the other moiety to the use of any person or persons who shall sue for and prosecute the same to effect. SECT. 4. And be it further enacted, If any citizen or citizens of the United States, or any person resident within the jurisdiction of the same, shall, from and after the first day of January, one thou- sand eight hundred and eight, take on board, receive, or transport from any of the coasts or kingdoms of Africa, or from any other foreign kingdom, place, or country, any negro, mulatto, or person of colour, in any ship or vessel, for the purpose of selling them in any port or place within the jurisdiction of the United States, as slaves, or to be held to service or labour, or shall be in any ways aiding or abetting therein, such citizen or citizens, or person, shall sever- ally forfeit and pay five thousand dollars ; one moiety thereof to the use of any person or persons who shall sue for and prosecute the same to effect. And every such ship or vessel in which such negro, mulatto, or person of colour, shall have been taken on board, received, or transported, as aforesaid, her tackle, apparel, and fur- niture, and the goods and effects which shall be found on board the same, shall be forfeited to the United States, and shall be liable to be seized, prosecuted, and condemned, in any of the circuit courts or district courts in the district where the said ship or vessel may be found or seized. And neither the importer, nor any person or persons claiming from or under him, shall hold any right or title whatsoever to any negro, mulatto, or person of colour, nor to the service or labour thereof, who may be imported or brought within the United States, or territories thereof, in violation of this law, but the same shall remain subject to any regulations not contraven- ing the provisions of this act, which the legislatures of the several states or territories at any time hereafter may make, for disposing of any such negro, mulatto, or person of colour. SECT. 5. And be it further enacted, That if any citizen or citi- zens of .the United States, or any other person resident within the 172 jurisdiction of the same, shall, from and after the first day of Janu- ary, one thousand eight hundred and eight, contrary to the true in- tent and meaning of this act, take on board any ship or vessel from any of the coasts or kingdoms of Africa, or from any other foreign kingdom, place or country, any negro, mulatto, or person of colour, with intent to sell him, her, or them, for a slave, or slaves, or to be held to service or labour, and shall transport the same to any port or place within the jurisdiction of the United States, and there sell such negro, mulatto, or person of colour, so transported as afore- said, for a slave, or to be held to service or labour, every such of- fender shall be deemed guilty of a high misdemeanor, and being thereof convicted before any court having competent jurisdiction, shall suffer imprisonment for not more than ten years, nor less than five years, and be fined not exceeding ten thousand dollars, nor less than one thousand dollars. SECT. 6. And be it further enacted, That if any person or persons whatever, shall, from and after the first day of January, one thou- sand eight hundred and eight, purchase or sell any negro, mulatto, or person of colour, for a slave, or to be held to service or labour, who shall have been imported, or brought from any foreign kingdom, place, or country, or from the dominions of any foreign state, imme- diately adjoining to the United States, into any port or place with- in the jurisdiction of the United States, after the last day of Decem- ber, one thousand eight hundred and seven, knowing at the time of such purchase or sale, euch negro, mulatto, or person of colour, was so brought within the jurisdiction of the United States, as aforesaid, such purchaser and seller shall severally forfeit and pay for every negro, mulatto, or person of colour, so purchased or sold as afore- said, eight hundred dollars ; one tnoiety thereof to the United States, and the other moiety to the use of any person or persons who shall sue for and prosecute the same to effect : Provided, That the aforesaid forfeiture shall not extend to the seller, or purchaser of any negro, mulatto, or person of colour, who may be sold or disposed of in virtue of any regulation which may hereafter be made by any of the legislatures of the several states in that respect, in pursuance of this act, and the constitution of the United States. SECT. 7. And be it further enacted, That if any ship or vessel shall be found, from and after the first day of January, one thousand eight hundred and eight, in any river, port, bay or harbour, or on the high seas within the jurisdictional limits of the United States, or hovering on the coast thereof, having on board any negro, mu- latto, r person of colour, for the purpose of selling them as slaves, or with intent to land the same, in any port or place within the ju- risdiction of the United States, contrary to the prohibition o r this act, everj, such ship or vessel, together with her tackle, apparel, and furniture, and the goods or effects which shall be found on board the same, shall be forfeited to the use of the United States, and may be seized, prosecuted, and condemned, in any court of the Uni- ted States, having jurisdiction thereof. And it shall be lawful for the President of the United States, and he is hereby authorized, 173 should he deem it expedient, to cause any of the armed vessels of the U. State? to be manned and employed to cruise on any part of the roast of the United States, or territories thereof, where he may judge attempts will be made to violate the provisions of this act, and to instruct and direct the commanders of armed vessels of the United States, to seize, take, nnd bring into any port of the United States, all such ships or vessels, and moreover to seize, take, and bring in- to any port of the United States, all ships or vessels of the United States, wheresoever found on the high seas, contravening the pro- visions of this act, to be proceeded against according to law ; and the captain, master, or commander of every such ship or vessel, so found and seized as aforesaid, shall be deemed guilty of a high mis- demeanor, and shall be liable to be prosecuted before any court of the United States, having jurisdiction thereof; and being thereof convicted, shall be fined not exceeding ten thousand dollars, and be imprisoned not less than two years, and not exceeding four years. And the proceeds of all ships and vessels, their tackle, apparel, and furniture, and the goods and effects on board of them, which shall be so seized, prosecuted, and condemned, shall be divided equally be- tween the United States and the officers and men who shall make such seizure, take, or bring the same into port for condemnation, whether such seizure be made by an armed vessel of the United States, or revenue cutters thereof, and the same shall be distributed in like manner as is provided by law for the distribution of prizes taken from an enemy : Provided, That the officers and men, to be entitled to one half of the proceeds aforesaid, shall safe keep every negro, mulatto, or person of colour, found on board of any ship or vessel so by them seized, taken, or brought into port for condem- nation, and shall deliver every such negro, mulatto, or person of co- lour, to such person or persons as shall be appointed by the re- spective states to receive the same ; and if no such person or per- sons shall be appointed by the respective states, they shall deliver every such negro, mulatto, or person of colour, to the overseers of the poor of the port or place where such ship or vessel may be brought and found, and shall immediately transmit to the governor, or chief magistrate of the state, an account of their proceedings, to- gether with the number of such negroes, mulattoes, or persons of colour, and a descriptive list of the same, that he may give direc- tions respecting such negroes, mulattoes, or persons of colour. SECT. 8. And be it further enacted, That no captain, master, or commander of any ship or vessel, of less burthen than forty tons, shall, from and after the first day of January, one thousand eight hundred and eight, take on board and transport any negro, mulatto, or person of colour, to any port or place whatsoever, for the pur- pose of selling or disposing of the same as a slave, or with intent that the same may be sold or disposed of to be held to service or labour, on penalty of forfeiting for every such negro, mulatto, or person of colour, so taken on board and transported as aforesaid, the sum of eight hundred dollars ; one moiety thereof to the use of 174 the United States, and the other moiety to any person, or persons, who shall sue for and prosecute the same to effect : Provided, how- ever, That nothing in this section shall extend to prohibit the taking on hoard or transporting on any river, or inland bay of the sea, with- in the jurisdiction of the United States, any negro, mulatto, or per- son of colour, (not imported contrary to the provisions of this act.) in any vessel or species of craft whatever. SECT. 9. And be it further enacted. That the captain, master, or commander of any ship or vessel of the burthen of forty tons or more, from and after the first day of January, one thousand eight hundred and eight, sailing coastwise from any port in the United States, to any port or place within the jurisdiction of the same, having on board any negro, mulatto, or person of colour, for the purpose of transporting them to be sold or disposed of as slaves, or to be held to service or labour, shall, previous to the departure of such ship or vessel, make out and subscribe duplicate manifests of every such negro, mulatto, or person of colour, on board such ship or vessel, therein specifying the name and sex of each person, their age and stature, as near as may be, and the class to which they re- spectively belong, whether negro, mulatto, or person of colour, with the name and place of residence of every owner, or shipper of the same, and shall deliver such manifests to the collector of the port, if there be one, otherwise to the surveyor, before whom the cap- tain, master, or commander, together with the owner, or shipper, shall severally sv.-ear or affirm, to the best of their knowledge and belief, that the persons therein specified were not imported or brought into the United States from and after the first day of Janu- ary, one thousand eight hundred and eight, and that under the laws of the state, they are held to service or labour ; whereupon the said collector, or surveyor, shall certify the same on the said mani- fests, one of which he shall return to the said captain, master, or commander, with a permit, specifying thereon the number, names, and general description of such persons, and authorizing him to proceed to the port of his destination. And if any ship or vessel. being laden and destined as aforesaid, shall depart from the port where she may then be, without the captain, master, or commander having first made out and subscribed duplicate manifests, of every negro, mulatto, and person of colour, on board such ship or vessel, as aforesaid, and without having previously delivered the same to the said collector, or surveyor, and obtained a permit, in manner as herein required, or shall, previous to her arrival at the port of des- tination, take on board any negro, mulatto, or person of colour, other than those specified in the manifests, as aforesaid, every such ship or vessel, together with her tackle, apparel, and furniture, shall be forfeited to the use of the United States, and may be seized, pros- ecuted, and condemned, in any court of the United States having jurisdiction thereof; and the captain, master, or commander, of every such ship or vessel, shall moreover forfeit, for every such negro, mulatto, or person of colour, so transported, or taken on 175 and prosecu ,he same to t " 5 " o sha " sue feat at the time and in the ma ' ^ ^ del ' Ver the m ' put on shore any negro mulatto or n" ^'l' T ' ha Ia " d "r pose aforesaid, before tiS3fcTf!? ^ u colour ' >r the p, ir . said, and obtained a perm? ; / ^I e , deIlFered hw ma ^ 8t as afire- master, or C^to^%^P**> *J <* captain, mo.ety thereof to the United State, thlLh and dolla '' one who iS - j, ^e ., 2, 1807.] rf , hc Um.ed S t .,,e,, thereof be liable to seizure, prosecution LH f P ?, " 3S afore <*> hall which it may be found c e S'*S? f f rfeiti ; re ' in an y district in States, and the other hWt j ' '7 , f t0 the Use of the ^nited secute the same J? effect. F them who sha]| P ro " ' ^6e itfirther enacted, That no citizen or citizens 176 of the United States, or any other person or persons, shall, after the passing of this act, as aforesaid, for himself, themselves, or any other person or persons whatsoever, either as master, factor, or owner, build, fit, equip, load, or otherwise prepare, any ship or vessel, in any port, or place within the jurisdiction of the United States, nor cause any such ship or vessel to sail from any port or place whatsoever, within the jurisdiction of the same, for the pur- pose of procuring any negro, mulatto, or person of colour, from any foreign kingdom, place, or country, to be transported to any port or place whatsoever, to be held, sold, or otherwise disposed of as slaves, or to be held to service or labour ; and if any ship or vessel shall be so built, tilted out, equipped, laden or otherwise prepared for the purpose aforesaid, every such ship or vessel, her tackle, apparel, furniture, and lading, shall be forfeited; one moie- ty to the use of the United States, and the other to the use of the person or persons who shall sue for said forfeiture, and prosecute the same to effect ; and such ship or vessel shall be liable to be seized, prosecuted and condemned, in any court of the United States, having competent jurisdiction. SECT. 3. And be it further enacted, That every person or persons so building, fitting out, equipping, loading, or otherwise preparing, or sending away, or causing any of the acts aforesaid to be done, with intent to .employ such ehip or vessel in such trade or business, after the passing of this act, contrary to the true intent and mean- ing thereof, or who shall, in any wise, be aiding or abetting therein, shall, severally, on conviction thereof, by due course of law, for- feit and pay a sum not exceeding five thousand dollars, nor less than one thousand dollars ; one moiety to the use of the United Slates, and the other to the use of the person or persons, who shall sue lor such forfeiture, and prosecute the same with effect, and shall moreover be imprisoned for atermnot exceeding seven years, nor less than three years. SECT. 4. And be it further enacted, That if any citizen or citi- zens of the United States, or other person or persons resident within the jurisdiction of the same, shall, from and after the passing of this act, take on board, receive, or transport, from any of the coasts or kingdoms of Africa, or from any other foreign kingdom, place or country, or from sea, any negro, mulatto, or person of co- lour, not being an inhabitant, nor held to service by the laws of either of the states or territories of the United States, in any ship, vessel, boat, or other water craft, for the purpose of holding, sell- ing, or otherwise disposing of, such person as a slave, or to be held to service or labour, or be aiding or abetting therein, every such person or persons, so offending, shall, on conviction, by due course of law, severally forfeit and pay a sum not exceeding five thousand, nor less than one thousand dollars, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for such forfeiture and prosecute the same to effect ; and, moreover, shall suffer imprisonment, for a term not exceeding seven years, nor less than three years.; and every ship or vessel. 177 'eoat, or other water craft, on which such negro, mulatto, or person of colour, shall have been taken on board, received or transported, as aforesaid, her tackle, apparel, and furniture, and the goods and effects which shall be found on board the same, or shall have been imported therein in the same voyage, shall be forfeited; one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for and prosecute the same to ef- fect ; and every such ship or vessel shall be liable to be seized, prosecuted, and condemned, in any coin t of the United States hav- ing competent jurisdiction. SECT. 5. Jlnd be it further enacted, That neither the importer or importers, nor any person or persons claiming from or under him or them, shall hold any right, interest, or title whatsoever, in or to any negro, mulatto, or person of colour, nor to the service or la- hour thereof, who m ty be imported or brought into the United States or the territories thereof, in violation of the provisions of this act, but the same shall remain subject to any regulations, not contravening said provisions, which the legislatures of the several states or territories, may at any time heretofore have made, or hereafter may make, for disposing of any such negro, mulatto, otf person of colour. SECT. 6. Jlnd be it further enacted, That if any person or per sons whatsoever shall, from and after the passing of this act, bring withiu the jurisdiction of the United States, in any manner whatso- ever, any negro, mulatto, or person of colour, from any foreign kingdom, place, or country, or from sea, or shall hold, sell, or otherwise dispose of, any such negro, mulatto, or person of colour, so brought in, as a slave, or to be held to service or labour, or be in any wise aiding or abetting therein, every person so offending shall, on conviction thereof by due course of law, forfeit and pay, for every such offence, a sum not exceeding ten thousand nor less than one thousand dollars, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for such forfeiture, and prosecute the same to effect ; and, moreover, shall suffer imprisonment, for a term not exceeding seven years, nor less than three years. SECT. 7. And be it further enacted. That if any person or persons whatsoever shall hold, purchase, sell, or olherwise di-pose of, any negro, mulatto, or person of colour, for a slave, or to be held to ser- vice or labour, who shall have been imported or brought, in any tvay, from any foreign kingdom, place, or country, or from the domin- ions of any foreign state immediately adjoining to the United States, into any port or place within the jurisdiction of the United States,, from and after the passing of this act, every person so offending, and every person aiding or abetting therein, shall severally forfeit and pay, for every negro, mulatto, or person of colour, so held, purchased, sold, or disposed of, one thousand dollars ; one moiety to the use of the United States, and the other to the use of the per- son or persons who may sue for such forfeiture, and prosecute the 23 178 same to effect, and to stand committed until the said forfeiture be paid : Provided, That the aforesaid forfeiture shall not extend to the seller or purchaser of any negro, mulatto, or person of colour, who may be sold or disposed of in virtue of any regulations which have been heretofore, or shall hereafter be, lawfully made by any legislature of any state or territory, in pursuance of this act and the constitution of the United States. SECT. 8. Jlnd be it further enacted. That in all prosecutions un- der this act, the defendant or defendants shall be holden to prove that the negro, mulatto, or person of colour, which he or they shall be charged with having brought into the United States, or with purchasing, holding, selling, or otherwise disposing of, and which, according to the evidence in such case, the said defendant or defendants shall have brought in aforesaid, or otherwise disposed of, was brought into the United States at least five years previous to the commencement of such prosecution, or was not brought in, holden, purchased, or otherwise disposed of, contrary to the pro- visions of this act ; and in failure thereof, the said defendant or de- fendants shall be judged guilty of the offence of which he or they feay stand accused. SECT. 9. And be it further enacted, That any prosecution, infor- mation, or action, may be sustained, for any offence under this act, at any time within five years after such offence shall have been com- mitted; any law to the contrary notwithstanding. SECT. JO. And be it further enacted, That the first six sections of the act to which this is an addition, shall be and the same are here- by repealed : Provided, That all offences committed under the said sections of the act aforesaid, before the passing of this act, shall be prosecuted and punished, and any forfeitures which have been in- curred under the same shall be recovered and distributed, as if this act had not been passed. [Approved, April <2Q, 16 13. An ACT in addition to the Acts prohibiting the Slave Trade. [Laws U. S. vol. 6, p, 4^5. J [SECT. 1.] Be it enqctedby the Senate And House of Representatives of the United States of America in Congress assembled, That the Pres- ident of the United States be, and he is hereby, authorized, when- ever he ehall deem it expedient, to cause any of the armed vessels of the United States to be employed to cruise on any of the coasts of the United States, or territories thereof, or of the coast of Africa, or elsewhere, when he may judge attempts may be made to carry on the slave trade by citizens or residents of the United States, in contravention of the acts of Congress prohibiting the same, and to instruct and direct the commanders of all armed vessels of the United States, to seize, take, and bring into any port of the United States, all ships or vessels of the United States, wheresoev- er found, which may have taken on board, or which may be intend- ed for the purpose of taking on board, or of transporting, or may have transported, any negro, mulatto, or person of colour, in viola- tion of any of the provisions of the act, entitled " Au act in addi- tionto an act to prohibit the importation of slaves into any port or place within the jurisdiction of the United S {tiles, from and after the first day of January, in the year of our Lord one thousand eij;ht hundred and eight, and to repeal certain parts of the same,." or of any other actor acts prohibiting the traffic in slaves, to be proceed- ed against according to law : and the proceeds of all ships and ves- sels, their tackle, apparel, and furniture, and the goods and effects on hoard of them, which shall be so seized, prosecuted, and con- demned, shall be divided equally between the United States and the officers and men who shall seize, take, or bring, the same into port for condemnation, whether such seizure be made by an armed vessel of the United States or revenue cutter thereof: and the same shall be distributed in like manner as is provided by law for the distribution of prizes taken from an enemy : Provided, That the officers and men, to be entitled to one half of the proceeds aforesaid, shall safe keep every negro, mulatto, or person of col- our, found on board of any ship or vessel so seized, taken, or brought into port for condemnation, and shall deliver every such negro, mulatto, or person of colour, to the marshal of the district into which they are brought, if into a port of the United States, or, if elsewhere, to such person or persons as shall be lawfully appoint- ed by the President of the United States, in the manner hereinafter directed, transmitting to the President of the United States, as soon as may be after delivery, a descriptive list of such negroes, mulat- toes, or persons of colour, that he may give directions for the dis- posal of them. Jind provided further, That the commanders of such commissioned vessels, do cause to be apprehended, and taken into custody, every person found on board of such vessel, so seized and taken, being of the officers or crew thereof, and him or them con- vey, as soon as conveniently may be, to the civil authority of the United 'States, to be proceeded against, in due course of law. in, some of the districts thereof. SECT. 2. Jind be it further enacted, That the President of the United States be, and he is hereby, authorized, to make such regu- lations and arrangements, as he may deem expedient, for the safe keeping, support, and removal beyond the limits of the United States, of all such negroes, mulattoes,or persons of colour, as may be so delivered and brought within their jurisdiction : and to ap- point a proper person or persons, residing upon the coast of Afri- ca, as agent or agents for receiving the negroes, mulattoes, or per- sons of colour, delivered from on board vessels, seized in the pros- ecution of the slave trade, by commanders of the United States' armed vessels. SECT. 3. And be it further enacted, That a bounty of twenty-five dollars be paid to the officers and crews of the commissioned ves- sels of the United States, or revenue cutters, for each and every negro, mulatto, or person of colour, who shall have been, as hereinbefore provided, delivered to the marshal or agent duly ap- pointed to receive them : and the Secretary of the Treasury is 180 hereby authorized and required to pay, or cause to be paid, to such officefs and crews, or their agent, the aforesaid bounty, for each person delivered as aforesaid. SECT 4. And be it further enacted, That when any citizen, or other person, shall lodge information, with the attorney for the dis- trict of any state or territory, as the case may be, that any negro, mulatto, or person of colour, has been imported therein, con- trary to the provisions of the acts in such case made and pro- vided, it shall be the duty of the said attorney forthwith to com- mence a prosecution by information ; and process shall issue against the person charged with holding such negro, negroes, mu- latto, mulattoes, person or persons of colour, so alleged to he im- ported contrary to the provisions ol the acs aforesaid : And if, upon the return of the process executed, it shall be ascertain- ed, by the verdict of a jury, tlvtt such negro, negroes, mulatto, muhittoes, person or persons of colour, have been brought in, contrary to the true intent and meaning of the acts in such cases made and provided, then the court shall direct the marshal of the said district to take the said negroes, mulattoes, or persons of col- our, into his custody, for safe keeping, subject to the orders of the President of the United States ; and the informer or informers, who shall have lodged the information, shall be entitled to receive, over and above the portion of the^ penalties accruing to him or them by the provisions of the acts in such case made and provided, a bounty of fifty dollars, for each and every negro, mulatto, or per- son of colour, who shall have been delivered into the custody of the marshal ; and the Secretary of the Treasury is hereby authorized and required to pay, or cause to be paid, the aforesaid bounty, up- on the certificate of the clerk of the court for the district where the prosecution may have been had, with the seal of office there- to annexed, stating the number of negroes, mulattoes, or persons of colour, so delivered. SECT. 5. And be it further enacted. That it sh.tll be the duty of the commander of any armed vessel of the United States, whenev- er he shall make any capture under the provisions of this act, to bring the vessel and her cargo, for adjudication, into some of the ports of the state or territory to which such vessel, so captured, shall belong, if he can ascertain the same ; if not, then to be sent into any convenient port of the United States. SECT. 6. And be it further enacted, That all such acts, or parjs of acts, as may be repugnant to the provisions of this act, shall be, and the same are hereby, repealed. SECT. 7. And be it further enacted, That a sum not exceeding one hundred thousand dollars be, and the same is hereby, appro- priated to carry this law into effect. [Approved, March 3, 1819. An ACT to continue in force " An act to protect the Commerce of the United States and punish the crime of Piracy," and also to make further Provision for punishing the crime of I iracy. [Laws U. S. vol. 6, p. 529.] [SECT. I.] Be it enacted by the Senate and House nf Representa- tives of the United States of America in Congress assembled, That 181 the first, second, third, and fourth, sections of an act, entitled " AD act to protect the commerce of the United States and punish the crime of piracy," passed on the third d;iy of March, one thousand eight hundred and nineteen, be, and the same are hereby, continued in force, from the passing of this act for the term of two years, and from thence to the end of the next session of Congress, and no .longer. SECT 2. And be it further enacted. That the fifth section of the said act be, and the same is hereby, continued in force, as to all crimes made punishable by the same, and heretofore committed, in all respects, as fully as if the duration of the said section had been without limitation. SECT. 3. And be it further enacted, That if any person shall, upon the high seas, or in any open roadstead, or in any haven, basin, or bay, or in any river where the sea ebbs and flows, commit the crime of robbery, in or upon any ship or vessel, or upon any of the ship's company, of any ship or vessel, or the lading thereof, such person shall be adjudged to be a pirate ; and, being thereof convicted, be- - fore the Circuit Court of the United Slates for the district into which he shall be brought, or in which he shall be found, shall suf- fer death. And if any person engaged in any piratical cruise or en- terprise, or being of the crew or ship's company of any piratical ship or vessel, shall land from such ship or vessel, and, on shore, shall ~\^ commit robbery, such person shall be adjudged a pirate ; and, ou /r'\ conviction thereof, before the Circuit Court of the United States ) for the district into which he shall be brought, or in which he shall I / be found, shall suffer death : Provided, That nothing in this sec- tion contained shall be construed to deprive any particular State of its jurisdiction over such offences, when committed within the body of a county, or authorize the Courts of the United States to try any such offenders, after conviction or acquittance, for the same offence, in a state court. SECT. 4. And be it further enacted, That if any citizen of the United States, being of the crew or ship's company of any foreign ship or vessel engaged in the slave trade, or any person whatever, being of the crew or ship's company of any ship or vessel, owned in the whole or part, or navigated for, or in behalf of, any citizen or citizens of the United States, shall land, from any such ship or vessel, and, on any foreign shore, seize aoy negro or mulatto, not held to service or labour by the laws of either of the states or terri- tories of the United States, with intent to nvike such negro or mu- latto, a slave, or shall decoy, or forcibly bring or carry, or shall re- ceive, such negro or mulatto on board any such ship or vessel, with intent as aforesaid, such citizen or person shall be adjudged a pi- rate ; and, on conviction thereof, before the Circuit Court of the United States for the district wherein he may be brought or found, shall suffer denth. SECT. 5. And be it further enacted, That if any citizen of the United States, being of the crew or ship's company of any foreign 182 ship or vessel engaged in the slave trade, or any person whatever, being of the crexv or ship's company of any ship or vessel, owned wholly or in part, or navigated for, or in behalf of, any citizen or citizens of the United States, shall forcibly confine or detain, or aid and abet in forcibly confining or detaining, on board such ship or vessel, any negro or mulatto not held to service by the laws of ei- ther of the states or territories of the United States, with intent to make such negro or mulatto a slave, or shall, on board any such ship or vessel, offer or attempt to sell, as a slave, any negro or mulatto not held to service as aforesaid, or shall, on the high seas, or any where on tide water, transfer or deliver over, to any other ship or vessel, any negro or mulatto, not held to service as aforesaid with intent to make such negro or mulatto a slave, or shall land, or deli- ver on shore, from on board any such ship or vessel, any such ne- gro or mulatto, with intent to make sale of, or having previously sold, such negro or mulatto, as a slave, such citizen or person shall be adjudged a pirate ; and, on conviction thereof, before the Circuit Court of the United States for the district wherein he shall be brought or found, shall suffer death. [Approved, May 15, 1820.] Copy of General instructions, for officers commanding cruising vessels. NAVY DEPARTMENT, SIR : enclosed you have a copy of an Act of Congress, by which you will perceive that a high and delicate power is vested in the President, in authorizing him to employ our public armed ships in protecting the merchant vessels of the United States and their crews, from piratical aggressions and depredations. It will readily occur to you, that, considering the situation in which we stand in relation to Spain and the South American Colonies, the authority given un- der this Act, must be exercised with the utmost caution and pru- dence by our public vessels. You have the whole Act laid before you, that you may see its general scope and object ; but you will observe that the execution of the law is under the direction of the President, so far as respects the employment of our public vessels. Your conduct will therefore be regulated by your instructions, al- though they may not go to the full length the law might possibly warrant. Under the second section of the Act, authority is given to subdue, seize, take, and send into any port of the United States, any armed vessel or boat, or any vessel or boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon any ves- sel of the United States, or of the citizens thereof, or upon any other vessels. From the generality Of this latter description of vessels, it would seem to embrace those of every nation or country upon which any piratical aggressions may have been committed. Admitting the Act might be extended thus far, it does not appear to have been the 183 general object of the law ; and it is thought by the President most advisable, at present, not to give it a like indiscriminate practical construction as to all vessels. The great object, as pointed out in the first section of the Act, was to protect the merchant vessels of the United States and their crews, from piratical aggressions. This will, therefore, be considered your particular and special duty. If, however, you shall discover depredations upon other vessels, com- mitted under such gross and aggravated circumstances, as to leave little doubt of their piratical character, it will be your duty to capture and bring in the aggressors. It is thought most advisable thus to distinguish in your instructions, because, among other con- siderations, it will be seen, that, under the second section of the Act, you are only authorized to retake vessels of the United Slates or its citizens, which may have been unlawfully captured upon the high seas. No authority is given to retake the vessels of any for- eign nation or country. You will ;dso perceive, under this second section of the Act, au- thority is only given to subdue, seize, and take, such vessels or boats, &c. as shall have attempted or committed, some piratical aggression. Whatever well grounded suspicions you may entertain, that a ves- sel may have been fitted out, and is intended to be employed in such depredations, you will not molest her, unless you have satisfactory evidence that she has either attempted, or actually committed, some piratical aggression on some merchant vessel of the United States, or her crew, or upon some other vessel, under the special circum- stances above mentioned. This is to be considered an important and leading regulation in your conduct, as it will be a strong and almost controlling circumstance, (considering we are at peace with all the world,) in making up your judgment, whether you are safe and justifiable in treating them as pirates. Whenever, therefore, you shall find any boats or vessels, the crews whereof have commit- ted any actual violence, outrage, or depredation, upon any vessels- of the United States, or the citizens thereof, or any other vessel-:, as above mentioned, you will consider yourself authorized to subdue, seize, and take them ; and, unless on such capture, you shall be sat- isfied that they were acting under some lawful authority, and not pi- ratically, to send them in for adjudication. The range of your cruise will be along the coast of the United States and the Floridas, in the Gulf of Mexico, and among the West- India Islands ; changing your position in such manner as shall best answer the object of your cruise, touching at such ports and places as may be necessary and proper to procure supplies, and to obtain information, the better to enable you to carry into effect the objects contemplated in the Act of Congress. Great reliance is placed on your prudence and sound discretion, that you will so execute the power entrusted to you, as to protect the commerce of the United States, without infringing the lawful rights of any other nation or country, their citizens or subjects. AIT captures made by you, will be sent into one of the following ports : Boston. New-York. Norfolk, Charleston, Savannah, or l^ew-Orleans. 184 It on have, also, enclosed, such parts of several Acts of Congress prohibiting the importation of slaves into any ports or places within the jurisdiction of the United States, as are necessary to point out to yon your duty and authority under these laws ; and it is expected ami required of you, by the President, that a strict and vigilant at- tention be paid to the direction therein contained ; that, if possible, this inhuman and disgraceful traffic may be suppressed. By the Act of the 20th \pril, 1818, you will perceive that it is made unlawful to import or bring, in any manner whatsoever, into the United States or Territories thereof, from any foreign kingdom, place or country, any negro, mulatto, or person of colour, with in- tent to hold, sell or dispose of such person as a slave, or to be held to service. By this Act it is also made unlawful for any citizen of the United States, or other person, to build, equip, load, fit, or otherwise prepare, any ship or vessel in any port or place within the jurisdiction of the United States, or to cause any such ship or vessel to sail from any port or place whatsoever, within the jurisdic- tion of the United States, for the purpose of procuring and trans- porting any such slaves to any port or place whatever. And any ship or vessel employed in such importation of slaves, or so built, fitted out, or prepared, is liable to be seized and forfeited. And by the Act of the 3d March, 1819, the President is author- ized to employ any of the armed vessels of the United States to. cruise in such places as he may think proper, where he may judge attempts may be made to carry on the slave trade, by citizens of the United States, or residents thereof, in contravention of the Acts of Congress prohibiting the same ; and to instruct such armed vessels to seize, take, and bring into any port of the United States, to be proceeded against according to law, all ships or vessels of the Uni- ted States, wheresoever found, which may have taken on board, or which may, be intended for the purpose of taking on board, or of transporting, or may have transported, any negro, mulatto, or per- son of colour, in violation of any of the provisions of the Act of the 20th April, 1818, above referred to, or in violation of any other Act or Acts, prohibiting the traffic in slaves. ^ou will perceive from the generality of the provisions in these laws, you am authorized to take and bring in all ships or vessels of the United States, which may have been in any manner employed, or intended to be employed in the slave trade ; or any other vessel offending against the provisions of any of the laws you have enclo- sed. You will particularly notice, the two provisos to the first section of the act of 1819, the first of which directs in what manner you are to keep and dispose of the slaves which may be found on board of any ship or vessel seized by you. If brought within the United States, they .ire to be delivered to the Marshal of the District where brought in ; and transmit the ev- idence of such delivery to thi* Department. It is the wish of the President, however, that none should be brought into the United States. Upon the capture, therefore, of any vessel having slaves on board, you will immediately proceed to the Island of Sherbro. 185 on the coast of Africa, and deliver such slaves to the Agent appoint ed by the President to receive them, pursuant to the provisions oi the Act, or to any other Agent, so appointed, at any other piace on the coast of Africa. The second proviso relates to the disposition ofthe officers and crews of such vessels so captured by you. Great vigilance will be expected from you in the safe keeping of all such officers and crews, until they shall be handed over to the civil au- thority to be proceeded against according to law. You will also observe, that by the fifth section of this Act, it is made your duty to bring any vessel and her cargo, yon may capture, into some of the ports of the State or Territory to which the cap- tured vessel shall belong, if you can ascertain the same ; if not, then into any convenient port of the United States. The range of your cruising for this purpose, will be the same as that pointed out in the former part of your instructions, in relation to pirates. 1 am, very respectfully, your most obedient Servant, NAVY DEPARTMENT, February 4th, 1823. SIR : Since you left here it has been strongly urged to keep part of our naval force to windward, to watch the Spanish priva- teers, and particularly about Porto Rico, and thence to Laguira and Porto Cabello. I wish you to distribute a part of your force m that quarter. I am, respectfully, &c. (Signed) SMITH THOMPSON. Com. DAVID PORTER, Commanding U. S. Squadron, Norfolk, Va. I certify that the above is a true copy from the original. CHAS, HAY, Chief Clerk. NAVT DEPARTMENT, \\thMay, 1825. NAVT DEPARTMENT, April 5th, 1823. Sm : I enclose, for your information, two copies of a printed statement, in relation to a piracy, committed in December last, on the Brig Two Brothers, of Newburyport, Anthony Knupp jr. master. 1 am, respectfully, &c. (Signed) SMITH THOMPSON, Com. DAVID PORTER, Commanding U. S. Naval force, West Indies. I certify that the above is a true copy from the original. CHAS. HAY, Chief Clerk. NAVTT DEPARTMENT, llth May, 1825. NAVT DEPARTMENT, 23re? May, 1823. SIR : I have the honour to acknowledge the receipt oi' your let- ter, bearing date Matanzas, 16th April last j communicating the partial accomplishment of your arrangements for accommodation at Thompson's Island the distribution of the force under your com- 24 mand the gallant conduct of Lieutenant Stribling, in the capture of the pirate " Pilot," with a detachment from your squadron with- out loss on his side, and your regret at the necessity which has com- pelled you, from the insufficiency of your number of men, to lay up the Peacock; thereby preventing you from giving to your plan of operations, the extension and activity at first contemplated. Great satisfaction is felt, at the prevalence of such general health in your squadron ; and hopes are entertained that, by its continuance, the important object you have in view will be more speedily and ef- fectually obtained, and unattended, likewise, by any of those unfor- tunate concomitants incident to a climate, peculiarly obnoxious, and a service somewhat oppressive. Some relief, however, will he afforded you, when the perform- ance of the particular duties, assigned to the commander of the John Adams and Enterprize, shall enable them to form a junction with your force, and plape themselves, (as expressly instructed,) under your command. Instructions have been given to the commanders of those vessels to use all possible despatch in the execution of their previous orders y and report themselves to you for such service as may be assigned them, in aid of your general operations. By refer- ence to their sailing orders, and general instructions, which they will present to you for examination, you will be more particularly in- formed of the extent of your authority over them, and can conse- quently assign to them that sphere of operation, which you may think best adapted to the promotion of the objects you have in view. The Spark is rapidly refitting, to he despatched, when ready, to reinforce your squadron, and act under your command. Whenever it is practicable to procure supplies for the squad- ron from this country you will do so ; as they can be furnished upon terms more economical, and of a quality very superior. I enclose copy of a letter, addressed to Captain Patterson, in rela- tion to his detention and employment of the schooner Grampus, which will give you my views upon the subject. With great respect, &c. (Signed) SMITH THOMPSON. Capt. DAVID PORTER, Commanding U. S. Naval force, W. I. station, Tliompsori 1 s Island, certify that the above is a true copy from the original. CHAS. HAY NAVY DEPARTMENT, Mth May, 1825. NAVY DEPARTMENT, 7ih June, 1823. SIR : I have the honour to acknowledge the receipt of your let- ter of the 10th ult., in which you complain of the absence of those vessels of war of the United States, which you had supposed were to form a part of you* squadron, and afford you assistance ia the ^ "duties assigned you. 187 The supposition was correct ; but it is scarcely possible to assign causes which will afford you any light upon this subject, except as they may relate to those vessels which have returned to the United States, and are now rapidly refitting to be sent out to your com- mand. The orders under which some of the commanders acted, being anterior in date to your appointment to the entire command, allow- ed a greater latitude of discretion, than will be observed when they shall have united their respective commands with yours ; and in the exerrise of this power, may probably be found the reasons of their absence. Your own examination of their orders, when you meet, will confirm or reject the above suggestion. The vessels intended to be placed immediately and ultimately under your command, are comprised in the annexed list marked A, in which those designated by the letter B, in red, are the vessels, now and lately in the United States, refitting for the West India service, where they will proceed, as soon as they shall have per- formed some indispensable, but temporary duties, which have been assigned them. I also annex a list marked C, which gives the names of those Lieutenants and Midshipmen who have been ordered to report to you for uuty, and to whom you will assign such parts thereof as, in your judgment, will best promote the interests of the service, and the object to be attained. Your force, when once united, will be amply sufficient for the accomplishment of your views, as well as the better accommoda- tion of yourself and those under your command ; and you will, no doubt, give it such distribution and arrangement, as will unite these objects. The vessels ordered to join you, (which are enumerated in the paper A,) will enable you, in pursuing your first plan, to afford more adequate convoy to merchantmen, while the ability for ex- amining and searching the coasts and inlets, for the lurking places of pirates, by means of the schooners and barges, will be greatly increased. Every assistance which the Department can afforl, consistently with its other relations, shall be cheerfully and promptly extended ; and while a just expectation is indulged that, from the extent and character of the means afforded, the object contemplated will be speedily and satisfactorily realized ; no doubt is entertained of the zeal and ability that will be exerted on the part of those entrusted with the performance. Too much attention cannot be placed upon the cleanliness of the men, and the good condition of the vessels ; for, to causes incident to every naval service in the generation of disease and mortality, are superadded, the baneful influence of a tropical climate upon constitutions unaccustomed to its operations, and unprepared for its effects. 188 I refer you particularly to my letter of the 23d ult. for instruc- tions in relation to the purchase of supplies, and the negotiation of drafts upon the Department ; and am, with great respect, sir, your obedient servant, SMITH THOMPSON. Capt. DAVID PORTER, Commanding U. S. West India Squadron, Thomp- son' 1 ! Island. NAVY DEPARTMENT, l2th May, 1825. I certify the foregoing to be a true copy from the records of the Department. CHA'S HAY, Chief Clerk. NAVY DEPARTMENT, August 19, 1823. SIR : In the last paragraph of your letter, dated the 1st instant, transmitted by the U. S schooner Ferret, you mention that circum- stances will, towards the fall, render your return to the United States, for a short period, necessary ; you will please to avail your- self of the time most suited for this purpose, and return to the United States in the manner most convenient to yourself, and least preju- dicial to the interests of the service. I am, very respectfully, Sir, your most obedient servant, (Signed) SMITH THOMPSON. Comm'e DAVID PORTER, Comm*g U. S. Naval Forces, West Indies, Sfc. I certify that the above is a true copy from the original on re- cord in the Navy Department. llthMay, 1825. CHAS. HAY, Chief Clerk. NAVY DEPARTMENT, Wthdugusf, 1823. SIR : Your letter of the 1st inst. relative to the transportation of specie, from Vera Cruz to Cadiz, has been submitted to the Presi- dent ; and it would afford both him and myself areat pleasure to comply with your request, could it be done consistently with the shonour of the American flag, and the relation in which we stand to the belligerents. Your letter is not explicit, as to whom the money belongs. I take it for granted, however, it is Spanish property, and from the amount, most likely belonging to the Spanish government. lu either case, it is deemed inadmissible to employ our public armed vessels for its transportation ; under no circumstances could it be permitted to send a vessel direct from Vera Cruz to Cadiz. Should I be un- der a misapprehension -is to the ownership of the property, and, tipon further explanation, your request can with propriety be com- plied with, I can assure you it will give me great satisfaction to pro- mote your interest in this respect. I am, very respec'full), &c. (Signed) SMITH THOMPSON. ComnTe DAVID PORTKR, Com 'g U. S. Natal forces, West Indies, &c . 189 NAVY DEPARTMENT, 10th May, 1825. I certify that the above is a correct copy from the records of this Department. CHAS. HAY, Chief Clerk. NAVY DEPARTMFNT, 27th September, 1823. SIR : The U. S. schooner Weazel, under the command of Lieuf. John P. Zantzinger, will sail this day for Thompson's Island, and take the route pointed out in your orders to Lieut. Kennon of the 14th August last. It was not possible to prepare her to sail at an earlier day- The Beadle will be re-ady in three or four days. The schooner Shark, having on board Commodore Rodgers, and several Surgeons, will leave New York about the 1st October, and reach Thompson's Island as soon as practicable. The uncertainty and anxiety which prevail as to your own health, and the health of the squadron, an 1 a desire to furnish the best assistance and procure information which may be a safe guide on all future occasions, are the inducements to this measure. The orders of Commodore Rodders will be communicated to you on his arrival, and you will render all the aid, which your health will permit, in accomplishing the object of his visit. It is intended that you shall remain in com- mand of the station, or return home, as your health may require, and inclination prompt. Commodore Rodders will return immedi- ately after he shall have accomplished the object of his visit. It is wished tha/ Midshipman Hoban should return in the first vessel from Thompson's Island to this place, some of his family be- ing at this time very sick. I am, very respectfully, &c. (Signed) SAM'L L. SOUTHARD. I certify that the above is a true copy of the original on h'le in the Navy Department. CHAS. HAY, Chief Clerk, llth May, 1825. The Secretary of the Navy to Commodore Porter. NAVY DEPARTMENT, Sept. 29, 1823. MY PEAR SIR : This letter will be handed to you by Commodore Rodgers. The object of his visit to Thompson's Island will be ful- ly communicated to you by him. The various, and in many points contradictory, reports, respecting the condition of the station, the uncertainty whether you still live, the deepest anxiety for your safe- ty, the desire to furnish speedy relief, and acquire full information respecting the health of the station, and its fitness as a rendezvous during the sickly season, and the fear, that, debilitated as you are, you could not secure that information for us, have prompted the wish that Commodore Rodgers should undertake the expedition, and have induced him, cheerfully, and voluntarily to enter on its per- formance. He will find united in it the sacred offices of private friendship 190 and public duty. A report that your health is restored will give to me, individually, and to the nation at large, most sincere gratification. 1'am, very respectfully, dear sir, yo-jr most obedient servant, SAMUEL L. SOUTHARD. C-APT. DAVID PORTER, ComrCg U, S. Naval Forces, West Indies and Gulf of Mexico. NAVY DEPARTMENT, 28/A October, 182P. SIR : Your letter of the 27th inst. has been received. On your recovery from a dangerous illness, produced by great exposure and much suffering, you will be pleased, sir, to accept my sincere con- gratulations. In conducting the movements of the squadron entrusted to your charge, you have displayed that intelligence, promptitude, and vigour, which effectually arresting the depredations of the freebooters, have afforded security to our trade, and justly entitle you to the unqualiQed approbation of this Department, and to the thanks of your country. The conduct of the officers and men under your command, has been such as might have been expected, from the example of their chief; and you will be pleased, sir, to assure them of the consider- ation in which their services are held, and the high sense entertain- ed of their devotion to a most arduous and dangerous service. The want of medical aid, of which you so justly complain, will claim the early and special attention of this Department. If the state of your health will permit, you wiH take upon your- self the general superintending direction of the equipment of the ves- sels of your squadron, now at this yard and at Norfolk. Let their commanders report to you their wants, that you may make them known to the Board of Navy Commissioners, who will cause every requisite supply to be furnished. 1 am, very respectfully, sir, your most obedient servant, 1 CHAUNCEY, For the Secretary of the Navy. DAVID PORTER, Esq. Commanding a squadron in tfie West Indies and GulJ of Mexico. Extract of a letter from the Secretary of the Wary to Commodore Porter. NAVY DEPARTMENT, December 2rf, 1823. SIR : You will, as speedily as possible, with all the vessels un- der your command, resume your station at Thompson's Island, and continue your exertions to repress piracy, and protect our commerce. It is the intention of the Department to increase the force under your command, as soon as it can be effected. To this end the fri- gate Congress will, after her arrival in the United States, be or- dered to join you, and in the course of the Spring one or more sloops of war will be added to those already with you. The offi- cers engaged in the survey of the coast of Florida will report to you, and you will communicate their proceedings to this Department: 191 You will keep as constantly as you can, one of your vessels in the neighbourhood of Vera Cruz, cruising between that port and Punto Lazardo, to protect our commerce in that quarter. As soon as possible send the Hornet, or one of the Iare;e schooners, to cruise on the Coast of Africa, touching at Cape Messurado, minis- tering to the wants of the African Agency, and thence returning in theosual tract of the slave ships. Let the cruise of the vessel be such as will comport, as far as possible, with the health and comfort of the officers and men. Up- on its return, you will report the proceedings to this Department, and send another vessel upon the same service. Our national vessels ought not, and must not, be used for pur- poses of commercial adventure. You may receive on board spe- cie, and the articles permitted by the act " for the better govern ment of the Navy," belonging exclusively to our own citizens, and carry them from one port or place to another, when it does not, iu any degree, interfere with your other duties, or violate the laws of the country where you are. You may also bring to the United States specie belonging to our own citizens, but you are, in no case, to permit any thing in the shape or character of public advertise- ments to be used, for the purpose of giving information that you will carry them. So many complaints have been publicly made oa this subject, that you will carefully abstain from every thing which can give rise to unfriendly comments, and that the Government may know the extent to which the commercial interests of our cit- izens are benetitted by the assistance afforded by our public vessels on this point, and be prepared to answer any complaints on the sub- ject which may be made by individuals or Governments, you will from time to time make reports to this Department of all the spe- cie and other articles you may carry, the places to and from which you carry them, and the circumstances, terms, and conditions un- der which you do it." I certify that the above is a true extract from the records of the Navy Department. CHAS. HAY, Chief Clerk. lllk May, 1825. -- NAVY DEPARTMENT, 27/A December, 182cJ. Sm : In reply to your letter of the 29th ultimo, I inform you that it is not believed the Executive has the power to make any rule for the distribution of the premium received for the transpor- tation of specie. The public vessels will be in the neighbourhood of Vera Cruz, &.c. and will be permitted to receive on board, and carry specie un- der the general orders heretofore given. I am, very respectfully, &c. /Signed,) SAftTL L. SOUTHARD. Captain DAVID PORTER, Co/nm'g U. S. Nai-al Forces, &c. NAVT DEPARTMENT, lOth May, 1825. 1 certify that the above is a correct copy from the records of thi? Department. CHAS. HAY. Chief Clerk. 192 Extract of a letter from the Secretary of the Navy to Comm. David Porter, dated, NAVY DEPARTMENT, 31 st December, 1823. " I have heretofore sent you some accounts of piracies lately committed, and I herewith enclose two more, and request your particular attention to the letter signed by Mr. Lawrence, and the course pointed out as a mode of effecting the object." Extract of a letter from the Secretary of the Navy to Commodore Porter, dated 3 1st December, 1823. " I have received several communications from you, by the mail of this morning, and shall attend to them as early as possible. " I have ordered Captain Biddle, (the orders sent herewith,) to report to you for duty, and you will despatch him in the Congress, to the Florida, on the Thompson's Island station, with such orders as you may consider necessary to execute the views of the Depart- ment, contained in the instructions heretofore given you. You will send with him all the vessels under your command, which are rea* dy, and will permit no delay which is not indispensable. " I have heretofore sent you some accounts of piracies lately com- mitted, and 1 herewith enclose two more, and request your parti- cular attention to the letter signed by Mr. Lawrence, and the course pointed out, as a mode of effecting the object." I certify that the above is a true extract of the original on re- cord in the Navy Department. CHAS. HAY, Chief Clerk, llth May 1825. NAVY DEPARTMENT, January I9lh, 1824. SIR : I transmit to you copy of a paper, having relation to the transportation of specie from Mexico, in vessels attached to th.e squadron, under your command, and in violation of the municipal regulations of that country. I am, very respectfully sir, your obedient servant, (Signed) SAV1L. L. SOUTHARD. Com. DAVID PORTER, Commanding U. S. W. India squadron, Norfolk, Va. I certify that the above is a true copy from the original on re- cord in the Navy Department. CHAS. HAY, Chief Clerk. llthMay, 1825. ]\AVY DEPARTMENT, Jan. Slst, 1824. Sin : In reply to your letter of the 14th mst. i have to observe, that it is my wish, that the operations on the coast of Africa, should commence as early as practicable, it one of the vessels under your command can be possibly spared for tne purpose. I am, very respectfully, sir, your most obedient servant, (Signed,) SAM'L L. SOUTHARD. Com. DAVID PORTER, Commanding U. S. West India Squadron, Norfolk, Va. I certify that the above is a true copy from the original on record in the Navy Department, CHA'S HAY, Chief Clerk. May llth, 1825, 193 (Copy.) NAVY DEPARTMENT, Feb. 19th, 1824. SIR : It is to be regretted that so long a delay in your sailing, cre- ating so much personal inconvenience to yourself, has been neces sary. In consequence of certain matters of public importance, I may be obliged to detain you a very few days longer than the Court Martial may require your attendance. I wish you, however, im- mediately to inform me, at what time you suppose you will be re- lieved from your attendance on the Court. I am, respectfully, &c. (Signed,) SAM'L L. SOUTHARD. Com. DAVID PORTER, Commanding U. S. squadron, W. I. <3fc. Norfolk. Extract of a letter from the Secretary of t fie Navy to Commodore Porter, dated the 17 tk May, 1824. " Congress has not, until within a few days, passed an appropriation law for the current year. This will account to you for one or two of the drafts of Purser Thornton not having been honoured, and for the delay in preparing the vessels to join you. It was impos- sible, without funds, to fit out the Hornet or the Porpoise, and to prepare a larger vessel. There will be now as much activity as possible, but it is feared one cannot be prepared in time to reach you before the sickly sea- son commences. It shall however be done, if possible." I certify that the above is a true extract of the original on record in the Navy Department. CHA'S HAY, Chief Clerk. llthMay, 1825. NAVT DEPARTMENT, 24//i May, 1824. SIR : Your letter of the 3d instant has been received, advising that a bill of exchange, drawn by purser Thornton upon this De- partment for $5,000, had been returned protested ; this circum- stance is to be regretted both as it respects the injury done to the eredit of Navy bills, and the damages incurred in the present instance. The refusal to pay this draft when offered, was occasion- ed entirely by the want of funds, in consequence of the delay in the passage of the annual appropriation bill by Congress, and an occur- rence of the kind, I trust, will not again take place. I am, very respectfully, your most obedient servant, (Signed,) SAM'L L. SOUTHARD. Com. DAVID PQRTER, Commanding U. S. Naval forces, West Indies, Gulf Mexico, &c. 1 certify that the above is a true copy from the original on record ',n the Navy Department, CHA'S HAY, Chief Clerk,-. Way llth, 1825. 194 (Copy.) DEPARTMENT, May 3lsf. 1824. SIR; Your letter of the 4th of May has been received. The Decoy will be prepared to return to you as speedily as possible, No provision has been made for the repairs of the Greyhound ; and it is probable that she will be laid up or sold. When any vessels are ordered home for repairs, they must be reported to the Department, that orders may be issued for the pur- pose. The amount of force, at this time, on the station, is less than was intended ; but the delay in passing the appropriation law, has rendered it impossible to send you, either the Hornet or Porpoise. They will be both despatched now, as soon as they can be prepar- ed. This delay is the more to be regretted, as the Hornet must either encounter the rainy season, or not go to the coast of Africa^ as was originally designed. You have now under your command, the John Adams, Hornet, Spark, Porpoise, Shark, Sea Gull, Decoy, and seven small schoo- ners, in all fourteen vessels, exclusive of the barges. I did intend to send a larger veesel than any of them, but the amount of the ap- propriation, and the time it was made, will probably put it put of my power. It shall still, however, be done, if it can be accom plished. I regret the state of your medical aid. You have now eleven medical officers attached to the station ; and within ten months past, there have been under your command, no less than five surgeons and seventeen surgeon's mates ; many of them acting as surgeons, and fitted for the office. With such numbers your medical assis- tance ought not to have been so reduced as you state it to be at pre- sent. Neither these nor other officers must be permitted to leave the station for slight excuses. If they are, it will be impossible for the Department to keep the station supplied. All that can be done with the numbers for which provision is made by law, will be done. In the mean time, those with you must be retained, unless absolute necessity compels them to leave you. I am, verv respectfully, sir, your most obedient servant, (Signed,) SAM'L L. SOUTHARD. Com. DAVID PORTER, commanding U. S JVara/ force, West Indies, Gulf of Mexico and Coast of Africa, Thompson's Island. I certify the foregoing to be a true copy from the record: of the Navy Department. CHA'S HAY, Chief Clerk. May IWty 1825. NAVY DEPARTMENT, 19th June, 1824. SIR : I have found it necessary to send the Hornet to La Guayra, and elsewhere. Captain Kennedy will, on his passage, report to you, and re- ceive your orders for his government, after he shall have accom plished what is directed by the Department. The Porpoise I have ordered to proceed to the coast of Africa, in the place of the Hornet. Lieutenant Skinner will, on his return, report to you for orders. I am, very respectfully, sir, your most obedient servant, (Signed) SAML. L. SOUTHARD. Com. DAVID PORTER, Commanding U. S. JVaval force, West Indies, Guff of Mexico, and Coast of Africa, Thompson's Island. NATI DEPARTMENT, 1 lift May, 1825. I certify that the above is a correct copy from the records of this Department. CHAS. HAY, Chief Clerk. NAVY DEPARTMENT, 29/A June, 1824. SIR : I have the honour to transmit to you, herewith, copies of letters, bearing date the 23d of April, 15th, 17th, 24th, and two of the 31st of May, 1824, addressed to you at Thompson's Island, which it is presumed you have not received, and to which I beg leave to call your attention. Should I find, upon further examina- tion, any more which possibly may not have been transmitted in time to reach you, copies shall be immediately furnished. I am, with great respect sir, your obedient servant, (Signed) CHAS. HAY. Capt. DAVID PORTER, Commanding U. S. West India squadron present. I certify that the above is a true copy from the original on re- cord in the Navy Department. CHAS. HAY, Chief Clerk, lllfi May, 1825. NAVY DEPARTMENT, 19//i July, 1824. Sm : I have received letters this day from Lieutenant Com* mandingj John D. Sloat, announcing his arrival at New York. I send you, herewith, a copy of a petition, from sundry inhabitants, and merchants, and others, of Matanzas, praying for a more ef- ficient protection to our commerce. You will perceive, from this statement, the necessity for the im- mediate return of the Shark, Grampus, and Spark, to their station, and you will therefore order them out as speedily as possible. I am, very respectfully sir, your obedient servant, (Signed) SAML. L. SOUTHARD. Capt. DAVID PORTER, Commanding U. S. West India squadron, Bedford Springs. I certify that the above is a true copy from the original on re- cord in the Navy Department. CHAS. HAY, Chief Clerk. IWi May, 1825. (Copy.) NAVY DEPARTMENT, July 20th, 1824. SIR : It is the wish of the Department, that you cause a portion of the naval force under your command, to touch, occasionally, at 196 the port of Tampico in Mexico, and to afford protection to the citi- zens of the United States, engaged in commerce with that port. Your attention is particularly directed to this part of the Mexican coast, in consequence of the representations contained in your com- munication of the 14th inst. I am, very respectfully, &c. "(Signed.) SAM'L L. SOUTHARD. Com. DAVID PORTER, Comm'g. U. S. Naval Force, W. Indies, Gulf of Mexico, and Coast of Africa, present. I certify that the above is a true copy from the records of the Navy Department. CHAS. HAY, Chief Clerk. May llth, 1825. (Copy.) NAVY DEPARTMENT, July 28th, 1824. SIR : I enclose to you copy of a letter from Capt. Wm. N orris, commander of the brig John, of Newport, R. I. detailing outrages committed on him and his crew near Matanzas ; and 1 have to request that you will take such measures on the occasion as the case re- quires. I am, very respectfully, sir, your obedient servant, (Signed) SAM'L. L. SOUTHARD. Com. DAVID PORTER, Comm'g U. S. Naval Force, West Indies, Gulf of Mex- ico, present. I certify the foregoing to be a true copy from the records of the Navy Department. CHAS. HAY, Chief Clerk. NAVY DEPARTMENT, llthMay, 1825. NAVY DEPARTMENT, July 29th, 1824. SIR : I enc'ose a copy of a letter from William Neilson, Esq. Pn-sident of the American Insurance Company of New- York, in relation to the capture of the Mercator, having on board a valuable cargo ; and I request that you will make such a disposition of the force under your command as will render piratical aggressions of this description less frequent, if it be possible. lam, very respectfully, sir, your most obedient servant, (Signed,) SAM'L L. SOUTHARD. Com. DAVID PORTER, Comm'g U. S. JVara/ Force, West Indies, Gulf of Mex- ico, 6fc. Bedford Springs. I certify that the above is a true copy from the original on re- cord in the Navy Department. CHAS. HAY, Chief Clerk. llth May, 1825. Extract of a letter from the Secretary of the Navy to Com. Dane! Porter, com- manding U. S. Squadron, West India station, dated NAVY DEPARTMENT, 9//t jQugvst, 1824. " You will execute this order with all practicable despatch, in order that the -John Adams may not be unnecessarily detained." 197 Extract of a letter f?om (he Secretary of the. Wavy to Com-nodore D. Porter, dattd lth October, 1824. It is deemed expedient by the Executive that you proceed as speedily as possible to your station, in the John Adams, that, by your presence there, the most efficient protection may be afforded to our commerce, and you may be ready to meet any contingencies which occur. The Constellation will be fitted for sea, and sent to you as speed- ily as possible." I certify that the above is a true extract of the original on record an the Navy Department. CHAS. HAY, Chief Clerk. \\thMay, 1825. Extract of a Idler from the Secretary of the Navy to Commodore Darid Porter, dated October 15/A, 1824. " I enclose copy of a Resolution of Congress. " The surveys and examinations under it, so far as they relate to Thompson's Island, the Dry Tortugas, Tampa Bay, and Pensacola, are confided to your care, superintendence and direction. The surveys of the two former places, already made, are supposed to be sufficient. Several officers have been directed to report to you to aid in this duty, and you will assign for it such vessel under your command as you think most proper." Extract of a letter from the Secretary nf the Jfary to Capt. David Porter) dated 2) at October, 18'24. " The presence of a commander on the station being now indis' pensable, you will proceed to it." (Copy.) NAVT DEPARTMENT, 27 th December, 1824. SIR : Your letter of the 15th November last, relating to the ex- traordinary transactions at Faxardo, in the Island of Porto Rico, on the day of that month, has been received and considered It is not intended, at this time, to pronounce an opinion on the propriety of those transactions on your part, but their importance demands for them a full investigation, and you will proceed, without unne- cessary delay, to this place, to furnish such explanations as may be required, of every thing connected with their cause, origin, pro- gress, and termination. For that purpose, you will bring with you those officers whose testimony is necessary, particularly Lieut Platt, and such written evidence as you may suppose useful. ^ou will return in such convenient vessel as may be best spared from the squadron ; and, on your leaving the station, you will deli- ver the command to Capt. Warrington, with all such papers, in- structions, and information, as may be useful to enable him. in the roost efficient manner, to accomplish all the objects for which the vessels, now under your command, were placed there. I am very, &c. (Signed) SAM'L L. SOUTHARD. Comm'e D. PORTER, Comm'g, &c. Sec. 1 certify the above Jo be a true copy of the original on record in the Navy Department. CHAS. HAY, Chief Clerk, llth May, 1823. NAVY DEPARTMENT, March 2nrf, 1825. SIR: Your letters of yesterday, and this morning, have been re" ceived ; and they will receive immediate attention the moment that the rising of Congress will give an opportunity to the Department of attending to them. I am, very respectfully, sir, your obedient humble servant, (Signed,) SAM'L L. SOUTHARD. Coin. DAVID PRTER, U. S. Nary, Present. I certify that the above is a true copy from the original on record in the Navy Department. CHAS. HAY, Chief Clerk. Mai/ 11/4, 1825. NA'VY DEPARTMENT, Kth March, 182a. SIR : It has become my duty to apprise you of the determination of the Executive, that a Court of Inquiry will be formed, as soon as circumstances will permit, to examine into the occurrence at Fax- ardo, which was the occasion of your recal, and also to comply with the request contained in your letter of the 8th inst. It was the intention of the Department in ordering Captain War- rington to the West Indies, to relieve you from the command of the squadron there. I am, respectfully, &c. (Signed,) SAM'L L. SOUTHARD. Com. DAVID PORTER, U. S. Navy, Present. I certify that the above is a true copy from the original on re- cord in the Navy Department. CHAS. HAY, Chief Clerk. May llth, 1825. NAVY DEPARTMENT, 23rd March, 1825. SIR: I enclose (o you, herewith, copy of a letter from Thomas Randall, Esq. in reply to one of mine, apprising him that a Court of Inquiry would be in a few days convened for the investigation of your conduct. I am, very respectfully, &c. (Signed,) SAM'L L. SOUTHARD. Com. DAVID PORTER, U. S. Navy, Present. NAVY DEPARTMENT, llth May, 1825. I certify that the above is a correct ropy from the records of this Department. CHAS. HAY, Chief Clerk 199 WASHINGTON, 22nrf March, 1825. SAMUEL L. SOCTHARD, Esq. Secretary of the. Navy: SIR : I have the honour to acknowledge the receipt of your letter of yesterday, which informs me that you are requested by Com- modore Porter to apprise me, that a Court of Inquiry will be held in a few days; one object of which will be to investigate his con- duct, in relation to the carrying of specie, and neglect of his duties in the suppression of piracy. Doubtless Commodore Porter in requesting, and you, sir, in mak- ing, this formal communication to me of a fact, which had already been published to the world, considered the notice of some special import to me, and designed that it should produce a correspondent effect upon my conduct. But as your letter does not state the rela- tion in which I am considered as standing either to Commodore Porter, or to the Court, nor prescribe any course to be pursued by me, 1 am at a loss to know the object it was designed to pro- duce. i have therefore to request, tnatyou will be pleased to state, how 1 am particularly interested in the fact you announce, and the effect your letter was designed to produce upon my conduct, in reference to the approaching investigation. I have the honour to be, very respectfully, sir, your most ot)e dient servant, (Signed,) THOMAS RANDALL. NAVY DEPARTMENT, llth May, 1825. I certify that the foregoing is a correct copy from the original, on file, iu this Department, and that it is a copy of the letter alluded to in the letter from the Secretary of the Navy to Commodore Dn- vid Porter, dated 23rd March, 1825. CHAS. HAY, Chief Clerk. NAVY DEPARTMENT, 24/ft March, 1825. SIR : Midshipman Rowan, of the West Indian squadron, has ap plied for leave of absence to visit his friends in Ohio. I have sus- pended a decision ;ii In* request, until I can be informed, whether you will require his testimony in the investigation which you have called for. Your early attention to this is requested. I am, respectfully, &c. (Signed) SAML. L. SOUTHARD. Com. DAVID PORTER, U. S. navy, Washington. NAVT DEPARTMENT, llth May, 1325. I certify that the above is a correct copy from the records of thi? Department. CHAS. HAY, Chief Clerk. 200 Exiracl of a letter fromjthe Secretary of the Navy to Com. David Porter, dated 20th April, 1825. " Enclosed you will receive a copy of the, precep* which has been issued for a court to make the inquiry, instituted by the exe- cutive, info yonr conduct at Faxardo. You will perceive that the same court is also directed to make the inquiry which has been granted at your own request." Official Communications from Commodore Porter to the Department. (Extract.) BALTIMORE, December 21s/, 1823. SIR : In pursuance of the instructions of the Board of Navy Com- missioners of the 17th, I yesterday purchased eight schooners, which will all sail on the 23rd or 24th for Norfolk, to receive their armaments and equipments. Most of the vessels are quite new, requiring no repairs, and may be sent on service at a very trifling expense. The cost of the whole, will be, when delivered at Norfolk, 10,190 dollars, averaging a little over 1273 ; having for their outfits 327 dollars each, which I presume will be sufficient ; but as this will be a part of the operation, over the expense of which I can have no control, I cannot pretend to say that they will not exceed the limits which you have prescribed to me. I have named these vessels as follows, and their tonnage is an- nexed, viz : Ferret, 51 ; Weazle, 53 ; Terrier, 61 ; Jackall, 47 ; Fox, 51 ; Wild Cat, 48 ; Grey Hound, 65 ; Beagle 52. They are all of light draft of water, and have every appear- ance of sailing well. 1 have not in every case been able to get the owners to deliver them at Norfolk, but shall labour under no in- convenience on that account, as there are a number of men re- cruiting to be sent down, who can go to their officers in those which we have to deliver. (Signed) D. PORTER. Tfie honourable the Commissioners of the Navy, Washington. Jt return of the vessels and commanding officers atlachfd to the squadron, under the command of Commodore D. Porter, for the suppression of piracy. United States ship Peacock, Stephen Cassin, Esq. Master Com- mandant. United States Schooner Shark, Matthew C. Perry, Lieutenant Commandant. United States schooner Greyhound, John Porter, Esq. Master Commandant. United Slates schooner Jackall, Thomas H. Stephens. Lieutenant Commandant. 201 United State* Galliot Sea Gull, William H. Watson, Lieutenant Commandant. United States Schooner Fox, William H. Cocke, Lieutenant Commandant. United States schooner Wild Cat, Charles W. Skinner, Lieuten- ant Commandant. United States schooner Beagle, John T. Newton, Lieutenant Commandant. United States schooner Ferret, Samuel Henley, Lieutenant Com- mandant. United States schooner Terrier, Robert M. Rose, Lieutenant Commandant. United States schooner Weazle, Beverly Kennon, Lieutenant Commandant. Decoy Store ship, Lawrence Kearney, Lieutenant Commandant. February 131k, 1823. (Extract.) U. S. SCHOOICER PEACOCK, Hampton Roads, Feb. 23rd, 1823. SIR : I have the honour to inform you, that I am now anchored in these Roads with the whole squadron, with the exception of the barges, which will be ready to leave Norfolk in the course of two days, and will proceed direct to Thompson's Island. My course with the squadron, will be circuitous, and will be re- gulated by your instructions of the 4th inst. (Signed,) D. PORTER. Directed to the Honourable S. Thompson, Secretary of the Nary, W. City* . Commodore Porter to the Secretary of the Navy. U. S. SHIP PEACOCK, St. Thomas, March 3, 1823. SIR : I have the honour to inform you, that I this morning arrived at this place, with all the squadron under my command, except the Grey Hound, which vessel separated in a gale. 1 have despatched Lieutenant Commandant Perry, with the Shark and three smallschooners, to scour the south side of Porto Rico, and shall sail to-morrow with the rest of the squadron for St. John's, where I have been informed several privateers have been fitted out, which have done considerable injury to our commerce. I am also informed, that there is a large British naval force in those seas, a squadron of which, apparently on the look-out, I fell in with this morning. I have the honour to be, with great respect, your ob'dt servant., D. PORTER. Honourable S. THOMPSON, Secretary of the Navy. Commodore Porter to the Secretary of the Navy. U. S. SHIP PEACOCK, Matansas, 28. POUTER. The Hon. SECRETARY OP THE NAVY. 203 Commodore Porter to the Secretary of Hit Navy, U. S. STEAM GALLIOT SEAGULL, Malansat, dprilZl, 1823. SIR : In my last, I informed you, that I had despatched the barges to examine a Bay to windward of Point Yeacos ; and, having intelligence of three piratical schooners in the river Palmas, I left this place on the 19th, joined the barges next day, near Key Blau- co, and, after, a laborious search of two days, discovered the river, where we found the remains of the vessels which the pirates had burnt, evidently a short time before our arrival there ; 1 conse- quently returned to this place, sending three of the barges along the coast to Havana, to which place I shall proceed, after giving convoy to the vessels in this place, having found it necessary to send the two vessels employed here on this service, to Thompson's Island, to refit. I believe, sir, I can now say with safety, that there is not a pirate afloat on this part of the coast of Cuba, larger than an open boat ; and even that is doubtful, the Saragoziana, in her flight, from here, having been taken by two British sloops of war at the east end of the Island. I have the honour to be, your obedient servant, D. PORTER. Hon. SMITH THOMPSON. Extract of a Idler from Commodore David Porter to the tecrelary of the Navy, dated U. S. Galliot Sea Gull, Allenton, Thompson^ Island, May 10, 1823. " Since I last had the honour to address you, I have returned to this place, with the Sea Gull and barges, and found here Captain Cassin, with the schooners and barges that accompanied him. " The report of his cruise is enclosed. Our last cruise has been altogether a most arduous and fatiguing one ; and, although we have not many trophies to show, it has not been without effect : the re- sult ha? been, the capture of a piratical schooner and a very fine felucca ; the destruction of one on shore, the burning of three schooners in the Rio Palmas, and about a dozen of their houses in the different establishments to leeward of Bahia Honda, and inside the. Colorados Reef; the complete dispersion of all their gangs, from Rio Pahnas to Cape Antonio ; ajid, what will be of no little im- portance to all our future operations, a most thorough and intimate acquaintance with the whole line of coast, from Cayo Blanco to the east, down to Cape Antonio, in the west. We have taken only one prisoner, and I shall endeavour to use such information as I can squeeze out of him to advantage. I shall despatch the Peacock to- day for La Vera Cruz, to relieve the Shark, and shall now be left with only my small vessels, two of which, with two barges, (which I have found great difficulty in manning from the Sea Gull and Store Ship.) I shall send off this evening under the command of Lieut. Comdt. Watson, on an expedition among the Keys in the Old Straights, and thence, around the bland, to return by the way of Cape Antonio. 207 " Two schooners, under the command of Lieut. Comdt. Rose, are making the circuit by the other route, commencing at Point Yeacos, going round Cape Antonio, and returning by the Old Straights ; two, under command of Lieut. Comdt. Skinner, are con- voying from Havana ; and the remaining two are careening, and will, in a few days, sail for the protection of our commerce ; and (he three remaining barges are hauled up, for the want of men. " I beg you, sir, to take into consideration the uncomfortable si- tuation of myself and those with me, and, as early as may be possi- ble, send me a frigate, or a large sloop of war fitted for the climate* or 1 "hall otherwise, most reluctantly, on account of health, be com- pelled to relinquish a service which 1 set my heart on accomplish- ing the total suppression of piracy in the West Indies and Gulf of Mexico; it has been effected about the north side of Cuba, and, with suitable means, I have no doubt of effecting it elsewhere. *' Not one of the vessels of war belonging to the West India Sta- tion, except those which I brought with me from the United States, have yet shewn themselves, nor can I get any intelligence of them-, by which I can be enabled to command their services. ' When I left Matanzas, the country was alarmed by large bands of robbers, well mounted and armed, who had plundered several estates, and committed some murders in the neighbourhood of the city. Bodies of horse had been sent in pursuit of them, and the mi- litia were all under arms ; some prisoners had been taken, and it was said that those bands were composed of the freebooters which lately infested the coast, and who, being compelled to abandon the Ocean, had taken up this new line of business." Extracts of a letter from Commodore David Porter to the Secretary of the. Na- vy, dated SEA GULL, Allenlon, May 11, 1823. " We are very much in want of one hundred seamen and ordi- nary seamen, in addition to our present number, to enable as to carry on our operations ; and if we do not obtain -them. I shall be under the necessity of discontinuing the employment of the barges y at present, I can only man two of them, and to do so, am compelled to lay up this vessel and the Decoy. We shall also want a number of officers, of every class, how ma- ny I am unable to say yet, but, from present appearances, I am in- duced to believe that many will (in not a very long time) wish to return to the United States. The service we are employed on is a very harrassing one, and, if it should not occasion much waste of life, it will, at least, try the strength of our constitutions, and our capacity for the endurance of fatigue and privations. The commanding officer of marines states to me that he requires, in addition to his present force, fifty officers, non-commissioned of- ficers, and privates; and from the difficulty of supplying the guards which I require, I should presume that a larger number would be necessary. 208 From the importance of the trade of Cuba ami the Gulf of Mex- ico, the whole of which is now completely protected from this place, with a force not equal to one frigate, I presume my requests will not be considered extravagant. The arrivals and departures of American vessels from the port of Havana alone, average about thirty per week, and those from Matanzas about twenty. Not a day elapses but that great numbers of American vessels are to be met passing through the Gulf, and since an establishment here, they daily in numbers pass in sight of us. I mention those facts, to give you an idea of the importance of this station, and to show the propriety of augmenting the force by the additions which I have asked. A frigate, or a large sloop of war, is indispensable to us, and we cannot exist with any thing like comfort without one. Thrown as we are on a barren and desolate Island, that does not supply even water, I hope our situation may be made as free from sufferings as the Department can, without inconvenience to the public interest, make it." U. S. GALMOT SEA GULL, Allenlon, Thompson's Island, May 19,1823. SIR : I have, the honour to inform you that not a single piratical act has been committed on the coast of Cuba, since 1 organised and arranged my forces. I have the honour to be, your obedient servant, D. PORTER. Hon. Secretary of the Jfacy. Extracts from a letter of Commodore D. Porter, lo Ike Secretary oj the JVavjr, dated, U. S. GALLIOT SEA GULL, Allenlon, May 2-3, 1823. "Sin: We have a vastly important commerce to Havana and Alatanzas, which is now left to the protection of a small schooner of three guns, at each place : all the others, with the exception of two, coining into rf pair, are cruising for pirates on the south side of the island, and 'in the Old Strait of Bahama. " I am at present left with only the Sea Gull : as the store ship is on the point of sailing for a load of water for us, the lagoons on the isl- and having dried up. " I De g> sir, that our situation may be taken into consideration, and that some means may be speedily employed to ameliorate it. The principal thing wanting, is a large vessel, add the aid and com- forts which she would afford. At present, I have no place to shel- ter me but the awr.ing of this small vessel. 1 cannot obtain hands enough for my use to man a boat. 1 have no comforts whatever, and 1 find my health gradually sinking. I would be the last to com- plain without cause : but the rainy and sickly season is now corning on, and I should fail in my duty, were I not to acquaint you with our true situation. 209 ' Allow me to suggest, that this appears to me to be the mosi suitable place to give protection to the commerce of the Gulf of Mex- ico, and that all the forces now employed at New-Orleans, could be much more advantageously employed here." Extract of a letter from Com. David Porter to the Secretary of the Navy, dated SEA GULL, ALLENTOW, June 4th, 1823. " I yesterday was informed of a piratical schooner on the south side of Cuba, which had captured two vessels, and 1 immediately despatched the Greyhound in pursuit of her. It is with regret I inform you, that I am compelled to discontinue giving convoy from Havana, as my forces are now so scattered, that it cannot be done without neglecting the main object of the expedi- tion. When our cruising was on this side the island, I found less difficulty in the thing. We are greatly in want of larger vessels, and more men, and I sincerely hope that they may be sent as early as possible." Commodore Porter to the Secretary of the Navy. U. S. GALLIOT SKA GULL, dllenton, June 6lh, 1823. SIR : We are greatly in want of medical aid on this station. Doct. Williamson, in charge of the hospital, and Doct. Edger, in charge of the sick in the harbour, have both been taken seriously ill, within a few days, which leaves me with only one surgeon's mate. The small vessels are equally in a suffering condition, hav- ing but one acting mate between two of them ; and, had it not been for the few acting appointments given by me, they would have been entirely destitute. I beg, sir, that our situation may be taken into consideration, and as the sickly season is fast approaching, I hope that several sur- geon's mates may be sent out to us. Six, at least, in addition to our present number, are required. I have the honour to be, with great respect, your obedient ser- vant, D. PORTER. Honourable Secretary of the Navy. Extracts from a letter of Commodore D. Porter to the Secretary of the Nav$* dated SEA GULL, Allenton, June 24/A, 1823. " SIR : By the Hornet, just arrived, 1 am informed of the cap- ture of two piratical launches by the Ferret, Lieut. Com'dt New- ell, a few leagues to the west of Matanzas. " It appears that they were chased into a small harbour, where there was not water sufficient for the schooner ; and on the approach of her boat, (carrying only four persons,) they, (about forty,) com- menced afire on her from behind the rocks, and nearly sunk her The schooner then opened a fire on them with her nine pounder, 27 210 drove them from their skulking places, and took possession of the launches. " Such is the account I have received from Lieut. Shubriok, of {he Hornet, whose ship fell in with Lieut. Com. Newell on his passage. " There is good reason to believe that these are the boats which plundered the American brig Mary Joan, Captain Hubbard, inside the Bay of Matanzas, twelve days since. *" It appears that these launches were captured about the 19th inst. ; that their cruise has been only of six days' duration ; and that they were taken in not more than three days after I received information respecting them. " It is expected that this prompt detection and punishment of the first attempt at piracy, since the arrangement of my forces on the coast, will deter them, at least for a time, from fitting out any new expeditions." Commodore Porter to the Secretary of the Navy. SEA GULL, ALLENTON, Thompson's Island, July \lth t 1823. SIR : It is with infinite satisfaction I do myself the honour to lay before you Lieutenant Comd't Watson's official report of the almost total annihilation of the crews of two piratical vessels, by the barges Gallinipper and Musquito, under his command. When we take into consideration the immense superiority of force opposed to him, the advantage and preparation on the part of the pirates, and the result of the action, we cannot but be impress- ed with the conviction, that nothing less than Providential influence and protection could have occasioned consequences so fatal to the pirates, and so exempt from, injury on our side, as to appear almost miraculous. The five surviving pirates, being desperately wounded, I have, in compliment to the favourable disposition and zealous co-opera- tion of the authorities of Havana, sent to the Captain General of Cuba, to be tried by the laws of Spain. Enclosed is a copy of my letter to him on the subject. I cannot close this communication, without expressing a hope that the brilliant success of Lieut. Commandant Watson, and his ex- cellent character as an officer and man, may induce the Department to promote him to a higher grade, as the most suitable reward for his services. I have the honour to be, with great respect, your obedient ser- vant, D. PORTER. Hon. SMITH THOMPSON, Secretary of the Navy. (Copy.) SEA GDLL, PORT RODGERS, August Itt, 1823. SIR : Application has been made to me by the American Consul, to take one million of dollars from La Vera Gruz to Cadiz, in Oc- 211 tober, and as we have but few opportunities in this way, to make a little for ourselves, may I ask the indulgence of the Department in this respect. If a direct conveyance cannot be granted, can t send the money to the United States ? And can a trans-shipment take place from thence to Cadiz ? This course will obviate all objections as re- gards the belligerent character of the property, if any exists. An answer by the return vessel is desirable. 1 have the honour to be, your obedient servant, (Signed) D. PORTER. Honourable Secretary of the Jfary. I certify the above to be a true copy from the original. CHAS. HAY, Chief Clerk. NAVY DEPARTMENT, lOth May, 1825. Extract of a letter from Coin. David Porter to the Secretary of the Aary, dattd On board the SEA GULL, ALI.ENTO.V, THOMPSON'S ISLAND, August 1st, 1823. " I have been engaged, since the return of the barges, under Lt. Com. Watson, in preparing them for an expedition to the piratical establishment. at New Malaga, against the arrival of the expected vessels, from which I calculated on getting men ; but I have lately been informed, by the arrival of a British brig of war at this place, (with every officer and man down with the yellow fever, except thirteen,) that a sloop of war and several light vessels irom Jamaica, have gone against that place. I shall, consequently, as there is much danger from sickness on that coast, delay mv departure until I hear the result of the British expedition, and nTrve directed the commander of the Hornet to take one of the small fchooners, (now on the coast of Cuba) with him, to send back with such information as he may collect on the subject. There have been no captures, (except Spanish, by open boats,) by pirates, on this side of the Isl- and of Cuba, since I have been here, and no pirate has appeared, that we have not captured." Extract of a letter from Com. David Porter to the Secretary of the Nary, dated SEAGULL, PORT RODOERS, August 3ls/, 1823. " It is with the deepest regret, I have to inform you, the yellow fever has lately made its appearance among us, to an alarming de- gree, and has carried off several. For information as to the number of deaths, and the present situation of the sick, I beg leave to refer you to the enclosed medical reports, and to say, that we are badly off for medical assistance." Commodore Porter to Commodore Chauncey. WASHINGTON CITY, October 27, 1823. SIR : I have the honour to report to you my arrival here, in the U. S. galliot the Sea Gull, from Thompson's "island, in forty-three 212 days ; and from which place I was driven with the squadron, by a pestilence which made its appearance there, carrying off, in a short time, for the want of the necessary medical aid on the station, a great number of valuable officers and men. This circumstance in- duced me to order the large vessels to Hampton Roads, there to re- main for a short time, where medical assistance, if required by them on their arrival, could be obtained. But I am happy to inform you that, with the exception of some intermittents, contracted since their arrival, they are perfectly healthy, as all the small vessels were which were left on the station. The vessels on the West India station have never been more healthy than they have been this season, the disease with which we have been afflicted being altogether local, and originating in the de- composition of vegetable substances, after the heavy rains, and dur- ing the succeeding intense heat of the weather. My experience convinces me that, from the middle of July to the middle of Octo- ber, the lee side of Thompson's Island is an unfit residence for man ; for the rest of the year, no place within the tropics can be more healthy. Those who have resided on the weather side of the Isl- and, have at all times been exempt from the sickness with which those to the leeward have been afflicted. As a place of deposite for our stores, and of repair for our vessels employed on the coast of Cuba, no place can be better adapted ; but, while the same cause for disease exists, and they must ever esist, it would not be prudent to make it a permanent station, where many men would be exposed to the baneful influence of the sickly season. As we are now hap- pily situated, with reg-ard to the authorities of Cuba, the inconveni- ence of an absence of three or four months from Thompson's Island would not be fejj; and the excellent and healthy harbour of Matan- zas, where we enjoy every facility and convenience from the local authorities, will obviate all the other inconveniences which might otherwise be experienced. The short delay -of receiving stores from on board the ships from the Island, and the position they may take outside the harbour, free from the influence of the poisonous vapour which arises from the ponds, would render them secure from its effects. Should it be the design of the Government to keep a force there, I had proposed to myself this arrangement. Under all circumstances, however, it will be proper to have more medical men on the station ; and had the necessary number been furnished this year, the squadron would have been, no doubt, in a great mea- sure saved from the deplorable consequences which have resulted, as the disease, in the commencement, was completely under tho control of medicine ; but, I regret to say, that several perished without receiving any medical aid whatever, and without ever see-- ing a physician. The whole of the medical men, with scarcely an exception, were, from their great fatigue and exposure, taken down with the disease, and we were left to perish for want of that assis- tance which we thought ourselves entitled to. I am well aware, however, of the difficulties the Department has laboured under, to make the surgeons do their dutv. The Sea Gull will want coppering, and some other repairs ; the rest of the vessels are in general in good order. Several of the ofii- cers of the squadron under my orders request leave of absence for a short time, and many applications are daily made to me on points of duty relating to my command. I beg to be informed by you. whether I am to act on these matters as 1 have done heretofore, or to leave them to the management of the Navy Department. I shall hold myself, and the vessels, ready to return to the station, so soon as it can be done with safety to those on board. I must en- treat of you, however, an additional supply of medical men for the vessels of the squadron, and for the establishment on shore. 1 have the honour to be, with great respect, your obedient serv't, D. PORTER. Com. ISAAC CHAPWCET, Senior member of the Board of .\Vry C'omwiVs, and deling Sec. of the jVar.v. Com. Porter to the Secretary of (lie .Vary. BALTIMORE, JVbremier 19th, 1"23. SIR: In conformity wilh your wishes, verbally expressed to mo, I have the honour to submit to you a brief outline of my proceed- ings in the West Indies, with the squadron under my command, for the suppression of piracy, and lor the protection of persons and property, of the citizens of the United State?. In order to take in as large a field for operation as possible, I proceeded with my squadron, consisting of a sloop of war, a steam galliot, a store ship, and nine schooners, to windward, touching at , St. Thomas's, showing my. forces off the forts of I'orto Rico, and although my presence there, v/as attended wilh the loss of a gallant young officer, it resulted in the raising of the blockade of the coasts of the Colombian Republic, and gave a check to a system of li- censed piracy, which had for a long time previously been practised, from St. John's, and other ports of that island. From thence, 1 continued to scour the coasts of the Islands of the West Indies to Cuba, the place of our destination, where we found piracy in full force ; but, by the extraordinary activity and vigi- lance of the officers and men, under my command, it was, in les.- than two months from our arrival, as completely suppressed, as it is at this moment, or will be for several years. The actual presence of an active naval force, with a proper un- der~ anding with the authorities on shore, being the only means by which the hordes of desperadoes, which have so long infested ihe almost unknown coasts of this extensive Island, can be completely exterminated, happily, the utmost cordiality, and most perfect co- operation, has existed between the authorities of Cuba, and myself; and, from them, I have, received every countenance which could aid me in effecting an object, so interesting to the whole civilized world, and so honourable to the character of our country ; and from thos" tinder my command, a zeal and activity which have been rare- 214 \y equalled, and, I will venture to say, have never been surpassed, ia any Navy, or on any service. Humanity will deploie the loss of the many gallant spirits which accompanied me, and which shared in this mot arduous duty ; but she will console herself in the reflection, that the whole world has benetitted by their exertions, and that numbers unknown have, by them, been saved from the knives of the most blood-thirsty mon- sters that ever disgraced the name of man. The details of the operations of the forces entrusted to me have, from time to time, been communicated to you. I beg leave, there- fore, to refer you to the archives of the office for more minute in- formation. It will, I hope, suffice to say, that, at present, I have no knowledge of the existence of any piratical establishment, vessels, or boats, or of a pirate afloat, in the West Indies and Gulf of Mexi- co. They have all been burnt, taken, destroyed, and driven to the shore, where the latter have, in most cases, been speedily captured by the local military. Some severity has been exercised while the battle lasted, but thi result has been beneficial, the examples having strtick a panic which will, no doubt, long serve to deter others from embarking in similar pursuits. The fixing an establishment at Thompson's Island for rendezvous and supplies, as my instructions required, has had the most h;,ppy effect in attaining the object in view. Its vicinity to Havana, placed, as it were, in the thoroughfare of vessels sailing through the Gulf, makes it, in many points of view, an object of great importance to the United States ; and, although for three months in the year it must ever remain sickly, while existing causes continue, it is, from its extraordinary salubrity for the remainder of the year, worthy a closer examination, to ascertain whether they may not be eradicated. It is my opinion, that, hy thinning the woods, and draining off the heavy rains of the month of June, thereby promoting a free circu- lation of air, evaporation and dispersion of the water rendered stag- nant by the excessive heat of June, and which causes the rapid de- composition of the vegetable matter with which the Island abounds, the months of August, September, and October, might be made suf- ficiently healthy for the residence of man ; but, at present, the poisonous effluvia arising from these causes, is almost certain de- struction to whoever breathes it. Had I been aware of its perni- cious effects, I could, without any inconvenience, have guarded against them by an earlier removal of the ships ; but it took us by surprize, and the malignity of the disease was unparalleled. It is certain that it originated on the Island, for our ships, with the ex- ception of those sent to work on shore, have, in their crews, en- joyed uncommon health. In nay intercourse with foreign officers; in general, I have re- ceived from them every attention, and from none more than those of the British Navy. The Jamaica station had heretofore been commanded by an Admiral ; but, when Sir Edward Owens, an offv 215 cer of the same rank as myself, was charged with a force for the suppression of piracy, Admiral Rowley was recalled to England, {hat we might meet on equal grounds. Offers for co-operation were repeatedly made to. me, but, feel- ing that the forces under my command were fully adequate to the object, I declined confining myself to any general plan, leaving it altogether to the accidental meetings of our respective forces, and to circumstances. It affords me pleasure to say, that, whenever such meetings did take place, with a common object in view, they have been attended with the happiest results. The law making appropriation for the suppression of piracy, li- mited the amount to be expended to $160,000 ; and, in the expen- diture, much latitude was given to me by the honourable Secretary f the Navy, and the Board of Navy Commissioners. In the ex- ercise of the trust reposed in me, 1 have endeavoured to observe the utmost economy; and, when all shall be deducted which has been charged to the appropriation for this object, and shall be charged under the proper heads, it will be found that a large unex- pended balance will be remaining in the Treasury. The improvements of Thompson's Island, transportation of stores for the general service, medicines, hospital stores, &c. &c. &c. are of this description ; and, when the sale of the vessels purchased for this service, shall take place, and their proceeds be returned to the Treasury, the expense of the expedition will be a subject scarcely worthy of consideration. Should the gradual withdrawal of the small vessels take place, I beg leave to suggest, that a frigate, in addition to the two sloops of war now attached to the squadron, is due to the character of our service, to the respectability of our flag in that quarter of the world, and would, by the convenience she would afford to our open boats, in the pursuit of pirates, offer the most certain means of keeping them in check. The moral effect produced by this expedition should not be over- looked. The system of privateering which has prevailed, has, from its looseness, been the cause of many vexations to our com- merce. Our presence has occasioned the older Governments to recal vessels of this description, and the new Governments of America to issue their commissions with more precautions, to guard against abuse : consequently, our commerce is free from interrup- tion, and our flag respected throughout those seas. 1 have the honour to be, &c. D. PORTER. Hon. SECRETARY OE THE NAVY, Washington. WASHINGTON CITY, November 27, 1823. SIR : Agreeable to your wish, I have perused the letter from Mr. Biddle, and fully concur with him in the necessity of affording protection to our Mexican commerce, and the advantage resulting the transportation of specie in our ships of war, as the most 216 certain means of taking away the powerful temptation for piratical depredations on merchant vessels. Since I have had the honour to command on the West India sta- tion, I have kept one vessel constantly in the Gulf of Mexico, to give protection to the persons and property of our citizens, and for the transportation of specie to the United States, agreeable to the orders of the Hon. Secretary of the Navy, of the 1st Feb. 1823. Many applications have been made to me to permit cochineal to be embarked with the specie, but I have invariably opposed it, because I had .no instructions which would authorize my consenting to the measure ; and, however it might -have been to my interest, or to the interest of the merchants, 1 was not willing to give my sanction to what might be liable to abuse, and bring censure on me. I have gone no further in this respect than my orders required, and the consequence has been that many millions have found their way to England in British men of war that would otherwise have been brought to this country in our own ships, as merchants inva- riably embark their specie in the same vessel with their cochineal. Of the propriety of adopting the measure, being a party inter- ested, it might be improper in me to speak. I can only say, that whatever orders I may receive, they shall be punctually obeyed, and whatever course the Department may think proper to take, I shall endeavour by an honest and faithful discharge of the trust re- posed in me, to meet its views, anU if vigilance can prevent abuses, none shall be practised by any under my command. 1 have the honour to be, with great respect, your obedient serv't. (Signed,) D. PORTER. Hon. SAM^L L. SOUTHARD, Secretary of the Navy. I certify the above to be a true copy of the original. CHAS. HAY, Chief Clerk. NAVY DEPARTMENT, 10th May, 1825. WASHINGTON CITY, 29//t November, 1823* SIR : I have the honour to state to you that it is in my opinion necessary and proper that the rate and application of freights for '.arrying specie in our ships of war should be fixed by the Depart- ment, as there is no existing regulation on the subject. The merchant is glad to avail himself of the protection and secu- rity thus offered to his property, for which he is willing to pay. It is made the duty of the commander of the ship to give protec- tion and security, and to take on himself responsibilities for which he ought to be paid. It increases the duties and responsibilities of the commander of the squadron, for which he ought to be compen- sated, and it gives some additional trouble and labour to the officers and crew, for which they ought to receive some benefit. It has been the custom to divide the freight into three parts, of which one part has been given to the commander of the squadron, and the other two to the Captain of the ship, thereby making the distribution the same as the shares in prize money : but there be* ing no established rule, it depends altogether on the terms the com- 217 mander of the squadron and the Captains may be on, whether the custom shall continue. For my own part, I have never claimed any share, but it has invariably been paid to me voluntarily by the cap- tains, from a sense of justice on their part. The British regulations established by a proclamation of the King, dated 12th of July, 1819, copy of which I have the honour, to submit to you, divides the amount of freight into four parts, one of which is paid to the commander of the fleet or squadron, two- fourths to the commander of the ship carrying the treasure, and signing the bill of lading or receipt, and one-fourth to Green- wich Hospital, for the use of that Institution. This rule embraces every desirable ohject, and is founded on justice, as it gives to the one who has the greatest responsibility, the largest amount of compensation. A similar rule might be adopted to advantage in our service, giv- ing one-fourth to the Navy Pension Fund, which should be receiv- ed by the commander of the squadron, and which he should pay over to those appointed to receive it. As regards the rates of car- rying freight, we have always been governed by those established ^y the proclamation above alluded to, wherein you will perceive a difference between the freight of treasures belonging to the crown, and of those belonging to other parties. In both cases there is great responsibility on the officers commanding, who is held answer- able for the exact amount, and it is proper that he should receive an indemnity. By the adoption of this rule as suggested, I should certainly be the sufferer in a pecuniary point of view ; but a strict regard tq justice, and a desire to reduce to rule what is now left to chance, which might, under other circumstances, jeopardize the harmony of the squadron, and occasion disputes, induces me to ask your early instructions on the subject. I have the honour to be, with great respect, your very obedient servant, (Signed,) D. PORTER. Hon. Secretary of the Navy. _ I certify the above to be a true copy from the original. CHAS. HAY, Chief Clerk. U. S. SHIP JOHN ADAMS, January 14, 1821. SIR : I have the honour to state, for the information of the Board of Navy Commissioners, that I shall put to sea with this ship, the Grampus, and the Sea Gull, on the 17th of this month. The Hor- net is still in the hands of the officers of the Yard, and it is uncertain when she will be ready. She is in want of one more chain cable, as the one intended for her was sent to the Peacock. There will be sufficient time for one to be made and sent to her before she leaves this place. I have the honour to be, with great respect, your ob'dt serv't, (Signed,) D PORTER. HOD. JOHN RODOBRS, President of (he Board of JVam/ Comm'irrs. Washington- 28 218 Copy of a letter from Com. David Porter to the Secretary of the Navy, dated U. S. SHIP JOHW ADAMS, Norfolk, January 20/&, 1824. Sm : in reference to your letter of the 15th inst. enclosing one from Mr. Cambreleng, I have the honour to state that I despatched the U. S. schooner Shark, on or about the 1st of this month, to cruise in the neighbourhood of La Vera Cruz, Tampico, and Alva- rado, until the 1st of March, for the protection of our commerce in that quarter, and to be relieved at that time by the U. S. brig Spark and schooner Weazel, which vessel sailed two days since, with in- structions to scour (he West Indies for piratical vessels, said to be out previous to going there. The Spark will be relieved by the Grampus and another small schooner by the middle of May, and I shall give regular and con- stant protection to the persons and property of our citizens in the Gulf of Mexico, so long as 1 am honoured with any present com- mand, unless I receive orders from you to the contrary. 1 contem- plate, by a constant routine, giving equal protection to our colony on the coast of Africa and guarding against the slave trade, provided it meets with your approbation. I have the honour to be, with great respect, your ob't servant, D. PORTER Hon. SAMUEL L. SOUTHARD, Secretary of the Nary. Copy of a letter from Com. David Porter to the Srcretary of the Nivy, dated U. S. SHIP JOHN ADAMS. Off HAVANA, April 8, 1824. SIR : I have the honour to inform you, that, in my route to this place, I have touched at St. Bartholomews, St. Christopher's, St. Thomas's : examined the south Coast of Porto Rico, looking in at the Dead Man's Chest and Ponce, two noted places for Porto Rico privateers ; touching at Mona, St. Domingo, Beata, and Kingston, making diligent inquiries and examinations for piratical vessels, and offering convoy and protection to vessels of all nations from pirati- cal aggressions . In the course of this long route, although we have visited places formerly the rendezvous of pirates, and saw evidences of their ha- ving been recently there, we have not been so fortunate a? to capture any, nor have we seen any vessels of a suspicious character, until two days since, when we pursued a small schooner which took shel- ter among the Colorados reefs, and, from every circumstance, there cannot be a doubt that she is a pirate. 1 shall, as soon as I can place the vessels now under convoy in safety, hasten to Thompson's Island, to despatch the barges and small vessels in pursuit, and hope, in a few days, to have her in possession. It appears that an attempt has been made to revive, on the south side of Cuba, that system of piracy which had so long prevailed. The British have lost some men in attempting to suppress it, and the fortunate assemblage of a large British force at the Isle of Pines, 219 has, 1 have been informed, caused a dispersion of the gang. Noth- ing but the presence of a strong and active force can keep them in order. I have the honour to be, your obedient servant, D. PORTER. To the Hon. SAMUEL L. SOUTHARD, Secretary of the Navy. Copy of a letter from Com. David Porter to the Secretary of the Navy, dated UNITED STATES' SHIP JOHN ADAMS, Port Rodgers, Thompson's Island, April 24/A, 1824. SIR : I have the honour to transmit to you a copy of Captain Wilkinson's report of the expedition after the piratical schooner. I shall immediately despatch vessels to the coast of Yucatan, in pursuit of the vessel of which he gives information. I have the honour to be, very respectfully, D. PORTER. HOD SAMUEL L. SOUTHARD, Secretary of the Navy. (Copy.) MATANZAS, May 3rd, 182*. SIR : I regret extremely to learn that a Bill of Exchange of 5000 dollars, drawn during my absence, by Mr. T. A. Thornton, Pur- ser, in favour of Messrs. Castillo, Black and company, and approv- ed by Captain Wilkinson, has been returned protested, with seven hundred dollars expenses. My fortunate arrival with funds, enabled the drawer to take up the Bill, but in consequence of this protest, the credit of Navy bills, which sold for two and a half and five per cent premium, has greatly suffered. I shall endeavour to do with what funds I have, and can obtain, on my own credit, until I hear that the appropriation has been made for this year. I have the honour to be, your obedient servant, (Signed,) D. PORTER. Hon. SAM'L L. SOUTHARD, Secretary of the Navy, Washington. I certify that the above is a true copy of the original on file in the Navy Department. CHAS. HAY, Chief Clerk. May Uth, 1825. MATAKZAS, May 4lh, 1824. SIR : I have the honour to inform you that 1 have sent the Decoy to New York for stores, a list of whi'ch (copy enclosed) has been furnished to the Commandant of the Navy Yard, I have also sent the Greyhound to New York to be coppered and repaired, as we have not mechanics on the station to do the work required. 1 beg leave to observe that a stationary force of five or six ship carpenters, ten joiners, four blacksmiths, three boat build- ers and twenty black labourers, could be very advantageously em- ployed at Thompson's Island. Such men cannot be shipped at the rendezvous ; they must be got on the same terms as those employed at our Navy Yards. 2*20 I beg, therefore, the Commissioners will cause me to be supplied with them I have the honour to be, your obedient servant, (Signed,) D. PORTER. Hon. Joasi RODGERS, President of the Board of Nary Commissioners. (Copy.) SEA GULL, Matanzas, May 28fA, 1824. SIR: I regret to be under the necessity of informing you, that the fever has made its appearance on the island, and that the inabi- lity of the acting Surgeon's mate, in charge of the medical de- partment there, to attend to his duty, from sickness, renders his return to the North necessary. I have sent another to take his place, but this leaves us deplora- bly off for medical men. I purpose removing the principal part of the forces to the north about the middle of next month, as the only means of guarding against the consequences of a deficiency of Surgeons*. I have the honour to be, your obedient servant, (No Signature.) Hon. SAM'L L. SOUTHARD, Secretary of the Nary. Copy of a letter from Com. David Porter to the Secretary of the Navy, dated U. S. GALLIOT SEA GULL., Matanzas, June 1st, 1824. Sin : 1 have the honour to endose you a copy of a letter from Lieutenant Commandant John H. Lee, who was sent by me in pur- suit of the pirate that escaped from the Colorados. 1 shall not ceas the pursuit, until I hear of his capture or destruction. 1 have the honour to be, with great respect, your ob'dt servant, D. PORTER. HON. SECRETARY of the Nary. WASHINGTON, June 2.5th, 182*. SIR : I have the honour to inform you, that I arrived here yes- terday, in the Sea Gall, from the coast of Cuba, in nine days, and shall be prepared to return to the West Indies so soon as the season will render it safe to do so, and my health, which requires a re- spite, from the effects of a tropical climate, will admit. My former communications have apprized you of my intention of removing most of the vessels under my command, to the north, du- ring the sickly season. Orders have been given by me, on the sub- ject, and every arrangement made, to give as much protection to our commerce, as the force remaining on the station, will admit. I have purposed sailing from New York and visiting in my way out. as heretofore, the Windward Islands, so soon as I can get a sufficient force together, and leaving a small detachment in the neighbourhood of St. Thomas, for the protection of our commerce there, where it was asked for by our merchants, when i last vifiited '.hat place. The John Adams, it is probable, will require heaving out on hei return, which will be in a week or two, which will leave me with only one sloop of war. As the health of Captain Wilkinson required his return, 1 have left Lieut. Oellers in command at Thompson's Island, with full in- structions as to the duties to be performed there ; and I have left all necessary orders also for the commanders of such vessels as may arrive during my absence. The island promises to be healthy this season. I have left about sixty officers and men there; but I am sorry to say, 1 had only a surgeon's mate to leave to attend them during the sickly season. I have, during this season, greatly improved the comfort and con- dition of the island, and thereby lessened that repugnance to re- maining there, which formerly existed among both officers and men. I shall proceed to New York, in a few days, to hasten the de- spatch of the stores, for the squadron and island, which are now preparing there, and which are much required. If there are any instructions from the Department affecting my various duties, 1 shall be happy to be furnished with them, as early as possible. 1 have the honour to be, sir, your most obedient servant (Signed,) D. PORTER. Hon. SAM'L L. SOUTHARD, Secretary of the Navy. (Copy.) WASHINGTON, July 14/A, 182*. SIR : I have the honour to submit to you the accompanying copy of a correspondence, on the subject of the sloop Cherub, and the vexations to which our commerce is subjected, in the Mexican port of Tatnpico. I shall, as far as depends on me, endeavour to afford it every pro- tection. I have the honour to be, very respectfully, (Signed) D. PORTER. Hon. SAM'L L. SOUTHARD, Secretary of the Navy. I certify the foregoing to be a true copy of the original on file in the Navy Department. CHAS. HAY, Chief Clerk. ]2//t May, 1825. Copy of& letter from Com. David Porter to the Secretary of the A'avy, dated WASHINGTON, August 9, 1824. SIR : 1 have the honour to transmit you the enclosed copy and translation of a correspondence between Lieut. Commandant John Ritchie and the Commandant of Tampico : and, in reply to your in- structions of the 20tb ultimo, requiring protection to the citizens of the United States engaged io commerce with that port, have to state that the Shark and two of the small schooners have been sent to the Gulf of Mexico, to afford the protection required. This, under existing circumstances, is all the force which, at pre- sent, can be sent on that service. The sickly condition of some of 222 v the vessels that have returned to the United States, which has cau?eri them to be placed under quarantine ; the want of repairs in others ; the revival of piracy about Cuba and elsewhere, and the reduced state of my squadron, from these and other causes, prevent my af- fording, with the means at my disposal, as much protertion to the eilixens of the United States engaged in commercial pursuits within the limits of my command, as 1 could wish. I have the honour to be, with great respect, &c. DAVID PORTER. Hon. SECRETARY OF THE NAVY. Copy of a letter from Com. David Porter to the Secretary of the Jfaty, doled WASHINGTON, August 10, 1824. SIR : I have the honour to acknowledge the receipt of your letter of the 29th ult. enclosing a copy of a letter from W. Neilson, Pres- ident of the American Insurance Company of New- York, complain- ing of the capture of the Mercator, near the port of Matanzas, when., some of our vessels of war were stationed there, reflecting on the Government of Cuba for permitting the seizing of " numerous and valuable vessels and cargoes, sailing under our flag," charging it with connivance or imbecility, and justifying the Government for ta- king decisive measures for the protection of our trade. I have al- so received your letter enclosing an application from the merchants of Matanzas, for further protection to our commerce in that port, ns well as your letter oi the 28th July, enclosing a copy of a letter from the master of the brig John, of Newport, recounting the cir- cumstance of the robbery of that vessel near the harbour of Matan- zas, averting that there w^re no United States vessels on that side of the Island of Cuba, and stating that there had been six captures between Matanzas and Havana. In the various letters accompa- nying these statements, it is enjoined on me to use my efforts, and make such disposition of the force under my command, as will ren- der piratical aggresions, of this description, less frequent, if it is pos- sible. The whole history of my operations, in conjunction with the authorities of Cuba, against the pirates, renders any defence of my conduct, or the conduct of those under my command, against any imputations of neglect, from any quarter, unnecessary, as it is well known to the Department that we have been devoted to the inglorious service, sacrificing health, comfort, and personal interests, for the sole object of suppressing a system of long continuance, the existence of which was disgraceful to the civilized nations whose citizens and subjects were victims to it, and which the peculiarstate of the Government of Cuba, arising from the various changes in Spain, and the numerous facilities to piracy, arising from the nature of the population of the island, and various other causes, originat- ing in the suppression of the slave trade, and progress of the South American revolutions, put it out of the power of the local authori- ties to suppress, without aid from othor q-iarters, which was no sooner obtained, by our presence, than the most zealous co-opera* 223 U v on was commenced on the part of the Government of Cuba, which has ever since continued, and has chanced, entirely, the char- acter of piracy from the bloody and remorseless manner in which it was conducted, to simply plundering of property, and the means from large cruizing vessels, to open boats. This latter mode of carrying on their depredations, renders it extremely difficult to detect them, and is calculated to baffle the eflorts of the most vigilant, from the ease with which they are enabled to possess themselves of boats along the Coast of Cuba, the certainty of being enabled to escape to the unsettled coasts of the island, and the certainty, for some hours, in the early part of every day, that merchant vessels may be found, becalmned, near the land. Nothing but resistance on the part of those who call on us for protection, can put down the present system ; and from the small force employed by them, the mere show of resistance, in a few in- stances, is all that is required. We have seen it stated, that one of the vessels robbed was taken possession of by a boat with seven men, and plundered, the crew beaten, and confined below. Surely, sir, blame should not be attached to us, or to the Government of Cuba, for the dastardly conduct of those who, with the most ordinary means of defence, which every merchant vessel affords, could permit such an act ; as well might this, or any other Government, be charged with imbecility, and its officers with neglect, for not detecting every highway robber, housebreaker, incendiary, or counterfeit. The charge of imbecility must rest on those who fail to defend themselves against their petty aggressions, and the Cause is attributable, almost entirely, to the parsimony of the owners, who fail to furnish a few weapons to put into the hands of the crew of vessels destined to Cuba. Those robberies are committed most frequently by the persons employed in loading the vessels, who are well acquainted with their destitution of fire arms at the time of sailing. I have taken the liberty of enclosing you reports from Lieut. Me Intosh, the commandant of Thompson's Island, by which you will perceive that every vigilance has been exercised by him in endea- vouring to recapture the vessels taken, and punish the offenders, \ that at the ver% time that YVm. Norris states that no United States'" vessels were on the north side of Cuba, the Terrier, Lt. Paine, and Diableta, were cruizing there, and I have also to state, that the Fer- ret, Lt. Farragut, was on that coast and had been, daily, (until a few days previous, employed in giving convoy in and out of the harbouf, sometimes with his vessel, and sometimes with his small boats. I have further to state, that the John Adams, Corvette, the brig Spark, the schooner Grampus, the Jackall, WeazeJ, and the Beagle, have, a short time since the date of Mr. Norris's letter, all visited the coasts and ports of Cuba, zealously employed in the protection of our commerce, in the performance of which duty, I regret to state-, that Lt. Montgomery and On mm ing, with several others, have fal- len victims. 224 The reports of Capt. Dalla?, Lieut. Comnvts Newton, Sioat, Lee, and Zantzinger, and Act. Lt. Farragut, wUh which you have alrea- dy been made acquainted, will show the arduous duties they have performed; and the report of Act. Lt. Piukhum, the successor of Lieut. Com't. Montgomery, will show the result of his arduous, useful, and disastrous cruize. There is, at this time, on the Coast of Cuba, and on their way there, the ships Hornet and Decoy, the schooners Shark, Wild Cat, and Terrier, and six Barges ; and, in a short time, the force will be augmented by the departure of others of the schooners, large and small. The charge, then, or intima- tion in any shape, of neglect, on the part of myself or officers, to the interest of the merchants, who have no feeling but for their own pecuniary concerns, is, as you perceive, unfounded. It is true, that, warned by the dreadful mortality of last year, and by approach- ing disease, I left the West Indies, and ordered home the greater part of the force under my command ; and the only cause of regret to me now is, that I did not remove them earlier, by which many valuable lives would have been saved, and that there should be a necessity for their return at this unfavourable season, which will undoubtedly cause the death of more. I beg you to excuse my going so much into detail, but as the fre- quent applications to the Department, from the merchants concern- ed in the Matanzas trade, for protection, might induce the belief of neglect on my part, I have felt that this explanation is necessary. I cannot conceal to you, however, my mortification at their con- duct, after the devotion we have all shown to their particular inter- ests, which entitled us to their warmest gratitude. I have the honour to be, with great respect, your ob't servant, D. PORTER. How. SAM- L. SOUTHARD, Secretary of the Navy. (Copy.) WASHINGTON, Oct. Wth, 1825. SIR : I have the honour to report to you, the arrival here, of the U. S. Schooner Fox, Lieut. Commandant Ritchie, from the coast of Mexico, via Thompson's Island, and that she brings accounts as late as the 25th of September. At the time of her leaving the island, no information had been received of the United States schooner Wild Cat, under the tem- porary command of iVlidshipman Booth, who left Havana on the 25th August, to proceed to Thompson's Island : there can be no doubt, therefore, from the violent gales experienced, of the loss of this vessel, her officers and crew. The situation of the island was truly alarming at the last date. Four deaths had Jaken place the day previously, and one on the day of the report : the whole number from the 20th to the 25th, eight, including one surgeon's mate. Should no change take place for the better, it only remains for the officer in command, to remove from the island (which, from the confidence I have in his discretion, and the means he at all 225 times has at command, in the wreckers and other vessel? which daily touch there,) I have no doubt will be done, whenever he may deem it necessary. I flatter myself with the hope of making the island more healthy next season, by the improvements at present proposed, to wit : fil- ling up the ponds, and clearing away the woods ; and if this should .not succeed, the abandonment of the island must necessarily follow. I have the honour to be, your obedient servant, D. PORTER. Hon. SECRETARY of the Navy. (Copy.) WASHINGTON, October l6//t, 1824. SIR : I have the honour to report, in conformity with your orders of the December, 1823, the amount of moneys carried in the vessels under my command, since that period. John Adams, Captain Dallas, $70,000 from Tampico for Philadelphia. Spark, Lieut. Comd't Newton, 80.000 from Havana for New York. Shark, Lieut. Comdt. Stevens, 102,000 from Tampico for New York. Weazel, Lieut. Comdt. Zantzinger, 127,000 from Tampico for New York. Fox, Lieut. Comdt. Ritchie, 17,000 from Tampico for Havana. Do. from Do. to the United States, 3,000 Total amount, $399,000 The average amount of freight for carrying which is 11-4 percent. I have the honour to be, very respectfully, your obed't serv't, (Signed) D. PORTER. Hon. SAMUEL L. SOUTHARD, Secretary of the Navy, Washington. I certify the above to be a true copy of the original. CHAS. HAY, Chief Clerk. NAVY DEPARTMENT, 10/A May, 1825. Extract of a letter from Commodore David Porter to the Hon. Secretary oftht Navy, dated WASHINGTON, October 22d, 1824. " I have received your letter of yesterday, and shall proceed to sea in the John Adams, with the least possible delay. The ship will be at Newcastle by the time I reach there. I enclose order.* for the officer who may take out the Constellation." (Copy.) U. S. SHIP JOHN ADAMS, Passage Island, Nov. \5lh, 1824. SIR : 1 have the honour to inform you, that, on my arrival at St. Thomas's, I was informed that Lieut. Comdt. Platt, of the U. S. 29 226 schooner Beagle, who bad visited Faxardo, a town on the east coast of Porto Rico, about two miles from the sea. for the purpose of making enquiries respecting a quantity of dry good?, supposed to have heen deposited there by pirates, was, after being recognized as an American officer, by the proper authorities there, imprisoned and shamefully treated. Indignant at the outrages which have so repeatedly been heaped on us by the authorities of Porto Rico, I proceeded to this place, where I left the ship, and taking with me the schooners Grampus and Beagle, and the boat? of the John Adams, with Captain Dallas and part of his officers, seamen, and marines, proceeded to the port of Faxardo, where, finding preparations were making to fire on us from the battery on shore, I sent a party of seamen and marines to spike the guns, which was done in a few minutes, as the Spaniards fled on the landing of the party. -I then landed with two hundred men, and marched to the town, spiking on the way the guns of a small battery, placed foi the defence of a pass on the road, and reached the town in about thirty minutes after landing. 1 found them prepared for defence, as they had received information from St. Thomas of my intentions of visiting the place. I halted about pistol shot from their forces, drawn up on the outskirts of the town, and sent in a fl.-ig, requiring the Alcalde or Governor, with the Cap- tain of the Port, the principal offenders, to come to me to make atonement for the outrage giving them one hour to deliberate. They appeared accordingly, and after begging pardon, (in the pre- sence of all the officers,) of the officer who had been insulted, and expressing great penitence, I permitted them to return to the town, on their promising to respect all American officers, who may visit them hereafter. We then returned to the vessels, and left the har- bour, after being at anchor three hours. As we were getting under way, a number of persons appeared on the beach, bearing i white flag, and having with them some bullocks, and a number of horses, apparently laden no doubt a present from the authorities of the place, which they informed me they should send me. There is no doubt that our persons and our flag will be more re- spected hereafter, than it has been by the authorities of Porto Rico. Every officer and man, on this occasion, conducted themselves io a manner to meet mv entire approbation. I have the honour to be, &c. (Signed) D. PORTER. Hon. SAM'L L. SOUTHARD, Secretary oftkeJYavy. I certify that the above is a true copy of the original on file in the Navy Department. CHAS. HAY, Chief Clerk. 12/Vt May, 1825. WASHINGTON, March &th, 1825. SIR : The officers named in the enclosed list will be necessary as witnesses to enable me to repel, in a suitable manner, the foul 227 charges of Mr. Thomas Randall, and Mr. John Mountain, and the injurious insinuations and assertions on the floor of Congress, against myself and the officers under my command. Understanding that vessels, having some of them on board, are about sailing, I beg that they may he detained, provided it can be done without injury to the public service. I have the honour to'be, very respectfully, your obed't servant, (Signed) D. PORTE U. Hon. S. L. SOPTHARD. NAVV DEPARTMENT, llth Mai/, 1325. I certify that the above is a correct copy from the original on file in this Department. CHAS. HAY, Chief Clerk. Captains. Stephen Cassin, A. J. Dallas, \Vm. B. Finch, L. Kearney, T. H. Stevens. Lieutenants. C. VV. Skinner, J. T. Newton, F. H. Gregory, Silas Duncan, J. P. Zant/inger. C. H. Bell, C. Boarman, R. Voor- hees, C. K. Strihling, D G. Farragut, J. G. Boughan. Purser. F. A. Thornton. General Instructions. Having been appointed to the command of the squadron, fitted out under an act of Congress of the 20th of December last, to cruise in the West India seas and the Gulf of Mexico, for the pur- pose of suppressing piracy, and affording effectual protection to the citizens and commerce of the United States ; and to the command of all the United States' ships and vessels of war in the West In- dies', fitted out for the aforesaid objects, and for the suppression of the Slave Trade, it becomes my duty, (in order that a perfect under- standing may be had by those under my command, of the extent of the authorities to be exercised by them in case of separation, or in case of being detached on special service,) to point out briefly to them the conduct to be pursued under particular circumstances, and in doing so, shall confine myself to existing laws, and the in- structions of the Honourable Secretary of the Navy ; and it is hoped that in no case these orders will be exceeded, without my sanction first being obtained. First, then, with regard to piracy : On this subject there has been three several acts that of March 3d, 1819; of May 15th, 1820: and that of the 20th December last, authorizing the addi- tional force of schooners, &c. The second section of the act of March 31, 1819, authorizes " to subdue, seize, take, and send into any port in the United States, any armed vessel or boat, or any vessel or boat, the crew whereof shall be armed, and which shall have attempted or commit- ted any piratical aggressions, search, restraint, depredation, orsei'/- 228 ure, open any vessel of the United States, or the citizens thereof, or upon any other vessels." From the generality of this latter description of vessels, it would seem to embrace those of every nation or country upon which any piratical aggression may have been committed. Admitting the act might be extendr-d thus far, it does not appear to be the general ob- ject of the law, and it was thought by the President most advisable at one time, not to give it a like indiscriminate practical construc- tion, as to all vessels : The great object, as pointed out in the first section of the act, was to protect the merchant vessels of the United States from piratical aggressions. This will therefore be consider- ed a particular and special duty : if, however, there shall be discov- ered depredations on other vessels, committed under such gross and aggravated circumstances, as to leave little doubt of their piratical character, it will be a duty then to capture and bring in the aggres- sors. It is thought most advisable thus to distinguish in these in- structions, because, among other considerations, it will be seen that, under the second section of the act, authority is only given to re- take vessels of the United States, or its citizens, which may have* been unlawfully captured on the high seas ; no positive authority is given by it to retake the vessels of any foreign nation or country. . It will also be perceived that, under this section (2d) of the act, au- thority is only given to " subdue, seize, and take" such vessels or boats, Sac. as shall have attempted, or committed, some piratical ag- gression. Whatever well grounded suspicions may be entertained that a vessel may have been fitted out, and is intended to.be employed in such depredations, the act does not authorize her molestation, un- less there is satisfactory evidence that she has either attempted or actually committed some piratical aggression on some merchant ves- sel of the United States or her crew, or upon some other vessel under the special circumstances above-mentioned. This, by this act, must be considered an important and leading reg- ulation, as it will be a strong and almost controlling circumstance, (considering we are at peace with all the world.) in making up a judg- ment whether it would be safe and justifiable to treat them as pi- rates. Whenever, therefore, boats or vessels shall be found, the crews whereof have committed any actual violence, outrage, or depredation upon any vessels of the United States, or citizens there- of, or any other vessel as above-mentioned.it is to be sufficient to au- ' thorize their being"subdued, seized, and taken, "and unless it should satisfactorily appear that they were acting under some lawful authority, and not piratica4ly, they are to be sent in for adjudication. The act of May 15th, 1820, continues in force the act of March 3d, 1819, and makes further provision for punishing the crime of piracy. The 3d section of this act declares as pirates any person who shall, upon the high seas, or in any open roadstead, or in any haven, ba- sin, or bay. or in any river where the sea ebbs and flows, commi! the crime of robbery in or upon any ship or vessel, or upon any of 2'29 the ships company of any ship or vessel, or the lading thereof, such person shall be adjudged to be a pirate, and the penalty "death, on conviction before the Circuit Court of the United States. The 4th and 5th sections makes it piracy for any citizen of (he United States to be engaged in the Slave trade, and the penalty on conviction before the Circuit Court of the United State?, death. This act is more extended than the former in its definition of the act of piracy, (but in no part except in continuing in force the for- mer law,) authorizes capture by the armed vessels of the United States. The high and delicate power, therefore vested in the Pre- sident, by the act of March 3d, 1819, which authorizes and re- quests him to employ so many of the public armed vessels, as in his judgment the service may require, with suitable instructions to the commanders thereof, in protecting the merchant vessels of the United States and their crews, from piratical aggressions and de- predations, has been resorted to and exercised for the purpose of more clearly defining the duties to be performed. The trust re- posed in me, is one of a peculiarly delicate character ; for while it is made my duty to protect our commerce against all unlawful interruptions, and to guard the rights both of person and property of the citizens of the United States, whenever it shall become ne- cessary ; it is enjoined on me not to encroach on the rights of others, and whatever discussion or collision 1 may have with any foreign power in relation to such rights, I am bound to conduct it with as much moderation and forbearance as is consistent with the honour of my country, and the just claims of its citizens. The system of pi racy, from whatever cause it may have originated^ is of considerable extent ; and from the population of the Spanish islands, which cannot enforce the authority of the government, establishments have been made by parties of those Banditti in the uninhabited parts, to which they carry their plunder, and retreat in time of danger. It cannot be presumed, that the government of any Island will afford any protection or countenance to such rob- bers. It may, on the contrary, confidently be believed, that all go- vernments, and particularly those most exposed, will afford all means in their power for their suppression. Pirates are considered by the laws of nation?, the enemies of the human race. It is the duty of all nations 10 put them down and none who respect their own character or interest will refuse to do it, much less afford them an asylum and protection. The nation that makes the greatest exertions to suppress such banditti, has the greatest merit. In making such exertions it has a right to the aid of every other power to the extent of its means, and to the enjoyment und^r its sanction of all its rights in pursuit of the object. In the case of belligerents, when the army of one party enters the territory of a neutral power, the army of the other has a right to follow it there ; in the case of pirates, the right of the armed force of one power to follow them into the territory .f another is more complete. 230 In regard to pirates, there is no neutral party they bem^ the enemies of the human race all nations are parties against them, and may be considered as allies The object and intention of our government, is to respect the feelings as well as the right? of others, both in substance and in form, in all the measures which may be adopted to accomplish the end in view; should, therefore, the crews of any vessel seen engaged in acts of piracy, or which there is just cause to suspect of being of that character, retreat into the ports, harbours, and settled parts of the country for the purpose of aiding the local authorities or people, as the case may be, to seize and bring the offenders to justice, previous notice being given that this is the sole object. When a government exists and is felt, the local authorities must in all instances be respected, and every act must be in aid of, and in co-operation with them ; it being the exclusive purpose of the government of tfiie United States to suppress piracy, an object in which all nations are equally interested, and in the ac- complishment of which, the Spanish authorities and people will, it is presumed, cordially co-operate with us. If in the pursuit of pirates, found at sea, they shall retreat into the unsettled parts of the islands or foreign territory, liberty is given to pursue them, so long only as there is reasonable prospect of be- ing able to apprehend thorn ; and in no case are we at liberty to pursue and apprehend any one after having been forbidden so to do by competent authority of the local government ; and if on such pursuit any pirates should be apprehended on land, they are to be given over to the proper authorities, to be delt with according to law ; and all the evidence that c;m be furnished is to be given in proof of the oilence alledged against them. Should the local au- thorities refuse to receive and prosecute such persons, so appre- hended, on reasonable evidence being furnished them of their guilt, they are then to be kept safely and securely until information on the subject can be communicated to me. Great complaints have been made to the government of the in- terruption and injury to our commerce, by privateers fitted out from Spanish ports ; great discretion is required in giving to our ves- sels necessary protection against their aggressions, without infring- ing on the rights of the belligerents. We know not how far they have been authorized and instructed to intercept our trade with Mexico, and the Colombian Republic; but, according to the well settled rules of the laws of nations, the United States will not con- sider any portion of the coast upon the Gulf of Mexico, as legally blockaded, except where a naval force is stationed, sufficient to car- ry into effect the blockading order or decree, and our government does not recognize the right or authority *f Spain to interdict or in- terrupt our commerce with any portion of the coast included within the Colombian Republic or Mexican Government, not actually blockaded by a competent force. Hence, it is but reasonable to infer, that to arrest our vessels employed in lawful trade, from the fangs of the numerous priva- 231 teers which have latdy been fitted out from Porto Rico, and t "subdue, seize, take and send into any port" these depredators on our commerce, would be ris;!it and proper ; but in doing this, great discretion and prudence must be exercised, and the fact must be clearly ascertained, that they come within the provisions of the second section of the act of March 3rd, 1819. By recent decisions of our Courts and officers, competent to de- cide, and by the wording of the 5th section of the Act of March 3rd, 1819, it would appear that piracy may be committed by ves- sels legally authorized to cruise and engage in mercantile pursuits, and that the persons alone committing the act, are responsible for the same. I allude particularly to the Panchitta, sent in by the Grampus, some of the crew of which were imprisoned, to be tried for piracy, and the vessel liberated by decision of the judge ; and to the Ninfa Catalina, sent in by the Spark for an act of piracy on a former voyage. The vessel and cargo, immediately on her arrival in the United State?, were restored to the owners part of the crew liberated, and those who committed the act only confined for trial. I might cite other cases to justify the opinion I entertain as to the , course proper to be pursued to effect the object of our expedition, with the least possible injury to those not implicated in the crime but these will suffice. In the first case cited, the decision of the judge justifies the con- duct of the capturing officer, and in the other case the law would seem equally to authorize her being " subdued, seized, taken, &c. &c." The language of the 5th section of the law above cited, is as follows : " And be it further enacted, that if any person whatsoever shall, on the high seas, commit the crime of piracy, as defined by the laws of nations, and such offenders shall afterwards be found and be brought into the United States, any such offender or offen- ders, shall, on conviction thereof before the Circuit Court of the United States, for the district into which he or they may be brought, or in which he or they shall be found, be punished with death." But it does not appear to me to be necessary, in order to the at- tainment of justice, that the innocent should suffer for the guilty. If the ship is not answerable for the acts of the crow, there can be no necessity or propriety in sending in the ship for adjudication ; because by so doing, injury is brought on the owners, the innocent party, and to us they look for indemnity, who have no other appeal than to the liberality of our country. But piracy must be punished, and we are bound by the 2d sec- tion of the Act of March 3d, 1819, to "subdue, seize, and take" all vessels which commit it, and after we have done so. and it is found that the vessels committing the act, is a legally authorized cruiser, the most that it would seem proper to do on the occasion, would be, to take from on board her the persons, committing the act, and send them to the United States for trial. For the same principle that would justify their cnpture on land. 232 will apply with equal propriety to their seizure on board ships on the ocean, and perhaps, if any competent authority should be near at hand, it would be equally proper to deliver them up to it with proofs of their guilt, on a pledge that they shall be brought to trial; but on a refusal to give such pledge, they must be reported to me with as little delay as possible. The next subject to which attention is to be directed, is the sup- pression of the slave trade, and it is expected that the utmost vigi- lance shall be exerted in order that this inhuman practice may be put down. By the act of the 20th of April, 1818, it is made unlaw- ful to import, or bring in any manner whatsoever, into the United States or the territories thereof from any foreign place any person of colour, with intent to hold, sell, or dispose of such person as a slave, or to be held to service. By this act it is also made unlawful for any citizen of the United States or other person to build, equip, l6ad, fit, or otherwise prepare any ship or vessel in any port or place within the jurisdiction of the United States, or to cause any ship or vessel to sail from any port or place whatsoever within the jurisdiction of the United States, for the purpose of procuring and transporting any such slaves to any* port or place whatever ; and any ship or vessel employed in such importation 'of slaves, or so built or fitted out or prepared, is liable to be seized and forfeited. And by act the 3rd, of March 1819, the President is authorized to employ any of the armed vessels of the United States to cruize in such places as he may think proper, where he may judge attempts may be made to carry on the slave trade by citizens of the United States, or residents thereof, in contravention of the acts of Congress prohibiting the same ; and to instruct such smned vessels to seize, take, and bring into any port of the United States, to he proceeded ugainst according to law, all ships or vessels of the United States whatsoever found, or which may be intended for the purpose of ta- king on board or of transporting, or may have transported any per- son of colour in violation of any provisions of the act of the 20lh of April, 1818, above referred to, or in violation of any other act or -acts prohibiting the traffic in slaves. From the generality of the provisions of the slave acts, authority is given to take and bring into port all vessels of the United states which may have been in any manner employed or intended to be employed in the slave trade, or any other vessel which may be employed in the importation of slaves into the United States. It will be observed that the first provision applies only to vessels of the United States, the second applies to vessels of every nation. The rest of the laws go to explain the manner of disposing of the slaves and persons taken in the trade, prescribe the punishment to the offenders, and the bounty to the captors. It will be sufficient therefore that the capture should be made un- der the foregoing circumstances, and that reference should be had to me for instructions as to the disposal of the vessels, slaves, and offenders, and to the laws for a final decision. 233 There is one thing that must be particularly observed ; it is not to be considered in these general instructions for the suppression of the slave trade, that authority is given at any place out of the waters of the United States to search, capture, or in any manner whatever to interrupt vessels under any other than the American Flag. As regards the recapture of vessels which may be found in the hands of pirates, and not belonging to the United States ; although, there are no laws which authorize our rescuing them from the fangs of those monsters; and, although the President has given no positive instuctions on this head ; still, as humanity obviously calls on us to exercise the power, having the means in our hands, as ft is a duty implied by instructions subsequently given me, by the measures ad- apted for the suppression of piracy, and as it is enjoined on me by the Government to harmonize and co-operate with the forces of any other power engaged in the same pursuit with ourselves, thereby shewing a common interest, I will take on myself to supply the omission, (as it certainly is one) by authorizing the act whenever it may become necessary. All vessels therefore of any nation whatever, found in the posses- sion of pirates, may be taken from them as though they belonged to the United States, and as though their recapture was provided for by the laws for the suppression of piracy, and by the most positive instructions of the Government. These instructions, although swelled to an unusual length, are ren- dered as concise as the subject would admit of to enable me to in- form you fully as to the views of the Government. We have a very delicate duty to perform, and with full confidence in the discretion of those I have the honour to command, I hope it may be fulfilled to the entire satisfaction of our country, to our own honour, and to the honour and general interest of the Navy. In time of actual warfare between nations, there can be no difficulty in discriminating between right and wrong, but the service on which we are engaged, requires the exercise of our soundest judgment ; and in proportion to the difficulty of discriminating will be the merit of doing what is proper. The eyes of the world are on us, and while we must not fail in energy, we must not want in circumspection. (Signed,) D. PORTER. U. S. SHIP PEACOCK, February 26/A, 1823. (Circular.) I am directed by the honourable Secretary of the Navy, to assure the officers and men of the squadron 1 have the honour to command, of the consideration in which tReir services, on their recent expedi- tion against the pirates of the West Indies are held, and the high sense entertained of their devotion to a most arduous and dangerous service, wherein a vigour has been displayed, which has effectually arrested the depredations of the freebooters, afforded security t 30 234 our trade, and justly entitles them to the unqualified approbation of the Navy Department, and the thanks of their country. (Signed,) D. PORTER. WASHINGTON, October 29th, 1823. General Orders and Instructions jrom Com. Porter to the Squadron under his Command. General Order. The duties of Captain to the squadron, are hereafter lo be per- formed by Master Commandant Finch, who will execute all the du- tie? comprised in the " Regulations and instructions for commanders of squadrons or divisions of ships of the United States Navy," page 19 of the rules, regulations, and instructions, for the Naval service of the United States, prepared by the board of Navy Commissioners of the United States, with the consent of the Secretary of the Navy, in obedience to an act of Congress, passed 7th February, 1815, en- titled An act to alter and an, end the several acts for establishing a Navy Department, by adding thereto a Board of Commissioners. A general order book is to be kept by the Captain to the squad- ron, into which all orders of a general character are to be copied, and from which copies may be obtained by every officer under my command. (Signed,) D. PORTER. WASHINGTON CITY, November 3rrf, 1823. General Order. The Hornet, Grampus, Spark, and Shark, now at Norfolk, are to be got ready for sea, with all possible despatch, and are to rendez- vous in the [vicinity] of Craney Island, where I shall join them soon with the rest of the vessels of the West India squadron in the United States. It is hoped that all will be ready to sail on the 15th of this month. (Signed,) D. PORTER. WASHINGTON CITY, December 1st, 1823. Circular to Commanders of vessels in the West Indies and Gulf of Mexico. U. S. SHIP JOHN ADAMS, Craney Island, Dec. 30lh, 1823. SIR : No ship or vessel, under my command, is allowed by me to take on freight any treasure, of any description, without special in- structions from me ; which, when necessary and proper, will be issued in conformity with those I have received on the subject, from the Honourable Secretary of the Navy. Very respectfully, your obedient servant, (Signed) D. PORTER. General Order. All the small schooners, now at Matanzas and Havana, and cruising on the coast of Cuba, are to repair to this place, with all possible despatch. (Signed) D. PORTER. THOMPSON'S ISLA>J>, ., 1824-. SIR : After executing my orders to Lieut. Commandant T H. Stephens, of the 25th of April last, (copy of which I enclose you) you will fill up your provisions and stores, touch at Havana, offer convoy to vessels bound into the Gulf of Mexico, and then proceed to the coast of Yucatan run down to Campeachy there offer convoy and protection, and from thence proceed to Alvarado, La Vera Cruz and Tampico, remaining in the neighbourhood of those places about six weeks, giving protection to our commerce, and governing yourself in all your proceedings by my general instruc- tions of the 26th February, 1823, which have, no doubt, been trans- ferred to you by Lieut. Commandant Stephens. If, in the course of your stay in the Gulf, our merchant should have specie to transport from one port or place, or to the United States, you will take it on board on the usual freight, taking special care that nothing like illicit shipments are made, and that nothing in the shape of public advertisements appear, or that any thing is done liable to misconstruction, or give rise to unfriendly comments, and above ;ill. that your vessel is not made an object of commercial speculation and enterprise. Nothing in the shape of merchandise must be uken on board, except under the circumstances provided 253 for by the Act for the better government of the Navy. Let all your proceedings in these respects be open ; make known frankly to the authorities of the place your objects, and let your conduct be such as to remove all suspicions. In the transportation of specie, an object of great importance to our country, we have a delicate duty to perform, and one which very many believe is not obligatory on us ; confine yourself, how- ever, strictly to your orders, and no remarks, whether publicly or privately, may need cause you pain. After receiving the specie on board, proceed with the convoy, if any, to Havana, thence to New York, touching if necessary, at Charleston, to land any specie you may have for that place. After landing your specie at New York, you will return to Thompson's Island by the same route, pointed out in my instructions of the 25th of April. Wishing you a pleasant cruise, Your obedient servant, (Signed,) D. PORTER. Lt. Com'dt JOHN GALLAGHER, <\' and touching at St. Jago and Trinadada, for information respecting piracy. It is extremely desirable that no unnecessary delay should take place in the United States, as the services of the Jackall will be wanted, and any delay will prevent my carrying into tefTect the ar- rangement of the periodical sailing of vessels from here. (Signed by) D. PORTER. Directed to Lieut. Comdt. Tad*. H. STEVE.IS. U. S. SHIP JOHK ADAMS, Craney Island, Dec.27th, 1823. SIR : You will proceed to the Gulf of Mexico, with the U. S. schooner Shark, under your command, and hind the two gentlemen. Agents of the Bank of the United States, either at Alvarado, La Vc- ra Cruz, or Tampico, at their option ; you will then regulate your movements so as to receive on board your vessel such sums of mo- ney, in any of the ports of Mexico in the Gulf, as they may desig- nate ; the money to be received on deck, an 260 Johnson for the Society, both coloured men. By their advice the people have elected ;> council of twelve to assist in managing the affairs of the colony, and by what I could discover, they appear to be doing very well, but they are extremely desirous to have the ad- vice of good agents ; they say they do not yet feel themselves com- petent to manage the establishment. Their settlement is very plea- santly situated on a narrow peninsula, the sea on one side and Mes- surado river on the other, on high ground, and they have for its pro- tection a tolerable good fort, built of stone at one end of the village, on which are mounted at present one long eighteen pounder, and two eighteen pound gunnades ; at the other extremity is a block- house with one nine pounder and one six. They also have mount- ed one brass four pound field piece and one two pound swivel, be- sides several other guns not mounted, and about one hundred mus- kets, eighty of which are in good order, and the others they will be able to repair with the tools and materials I gave them : the .number of inhabitants is two hundred and thirty-seven ; 78 of them capable of bearing arms, who are formed into a company, and muster for exercise every Saturday. They all have very good houses, and some of them begin to cultivate gardens ; they have also cleared a considerable piece of ground intended for cultivation ; they catch in the river a variety of fish, and plenty of oysters. They have an abundance of fine timber, and the soil is very good ; and they all appeared to be quite contented with their situation. They probably enjoy as good health there, as they would in any part of the world. Of the last emigrants, one hundred and five, all have gone through their seasoning; three young children only have died, and they with complaints incident to every climate and country. I have made this detailed report, believing it would be agreeable to you, to the Society, and to all those friendly to the settlement, to know exactly how these people are situated, as I have been inform- ed at St Thomas, that there are very discouraging reports in circu- lation in the United States We sailed from thence on the lr,h of April, and 1 am sorry that I am obliged to add, on the eighth day several cases of malignant bilious fever occurred on board, three of which proved fatal. A particular description of the character and progress of the disease, by Dr. Halse, I beg to enclose. No person has been permitted to go on shore except when necessity required it, and no persons were attacked with this disease except those w ho had been thus exposed. After leaving Cape Messurado, I beat up the coast to the northward of Rio Grande, but did not meet with any vessels coming within the limits of my instructions. From there I proceeded in the execution of your further orders, and, on the 10th of May, anchored at Martinico, to obtain information, fill my water casks, and obtain other supplies, all of which were nearly exhaust* ed. Sailed thence on the 16th, and anchored at St. Bartholomews on the 18th ; sailed again on the 19th, and anchored at St. Thomas on the 20th, sailed thence on the 21st ; called ofl'St. Johns. Porto Rico, on the 22d, and communicated with the American Consul. The 261 uext day I stood close into the town of Aguadilla, where I found u Dutch man-of-war brig ; communicated with the commander, who informed me he had been there some days, and had not heard of any piracies or suspicious vessels in the Mona Passage lately. Remain- ed in the Mona Passage all night, and then made the best of my way to the Island of Cuba. I have examined the North Coast closely as far down as Sugar Key, where I anchored in consequence of seeing several tents on the Key. I, however, found then) to be the crew of a Spanish brig of war from Cadiz, cast away there twelve days previous. From there the weather did not permit me to approach the Keys along the Cuba shore. I examined Ginger Key, but found no person there, nor any indication of any having been there recently. I am, sir, your most obedient servant, JOHN D. SLOAT. To Com. DAVID PORTER, Commanding U. S. Jfaval forcet in the Weil Indies, Gulf of Mexico, and coast of Africa. WASHINGTON, August 16 th, 1824. SIR : It has been intimated to you, that the Grampus, under your command, could be ordered to give convoy to certain vessels from the port of New York to Carthagena, but on a reconsideration of the subject, it has been deemed advisable and prudent not to con- fine our protection to particular cases, on the application of indivi- duals, but to make it of a general nature, formed on general princi- ples, and given to all alike. This is necessary, to guard agninst any infringements of the rights of belligerents as regards blockades and contraband of war, the first of which, is in no case to be violated, and the second, is never to be protected. Upon these principles, our public ships should never give convoy to our merchant vessels, to the ports of either of the belligerents, without a perfect knowledge, that they had no contraband articles on board, nor are they ever to be protected against a blockading force when warned off. Under these considerations, you will sail, in execution of my orders of this date, taking under your protection such vessels as may offer for convoy, as far as your route may extend, governing yourself by the foregoing general principles, and the orders and instructions heretofore given. With great respect, your obedient servant, (Signed) D. PORTER. Lieut. Comd't J. D. SLOAT, U. S. Schooner Grampus, New York. WASHINGTON, August 16th, 1824. SIR : You will proceed to the West Indies with the U. States' schooner Grampus, under your command, touching at St. Bartholo- mews and St. Thomas, and remain, until further orders, in the neighbourhood of these places, and about Porto Rico, for the pro- tection of our commerce, with such of our small vessels as may be 262 ordered there some piratical acts having been committed in the Sail Rock and Mona Passages, you will endeavour to prevent them in future. In the duties to be performed, and in your intercourse with for- eign officers, you will be governed by the general sailing instruc- tions and orders heretofore issued. Should supplies be required for your vessels, before my arrival, you will make application to Mr. Furnace, an American merchant at St. Thomas, who has offered to furnish them. The schooner Beagle, Lieut. Comdt. Platt, has been ordered on the same service with the Grampus. You will make to me fre- quent reports of your proceedings, directing your letters to Wash- ington, under cover to the Secretary of the Navy. Very respectfully, your obedient servant, (Signed) D. PORTER. Limit. Comdt. J. D. SLOAT. U. S. SHIP JOHN ADAMS, Passage Island, Nov. 15th, 1824. SIR : After you have landed the Pilot at St. Thomas, and exe- cuted my orders of this date, relating to the men in confinement at St. Christophers, you will return to St. Thomas, and continue your protection to our commerce, in conformity to former orders. It has bee i stated to me by American merchants at St. Thomas, that large amounts of American property are frequently passing from that place to the coast of Comana Caraccas and Pensacola, for which they have a?ked protection. You will afford it to them when, in your opinion, it can be done advantageously to the public inter- est, and you are authorized to carry for them their specie, under former regulations and restrictions. The Beagle will continue with you on this station, and you will make such disposition of your forces as will be most beneficial to the interest intrusted to you. Should any thing of importance occur, which it may be neces- sary that I should be informed of, you can, if no opportunity offers to Havana or Matanzas, send the Beagle with your communications to Thompson's Island. You will continue to procure from Mr. Furnace, for your vessel as well as the Beagle, the supplies which may be necessary ; but, in doing so, you will observe the utmost economy payments can be made as heretofore, by drafts on the Secretary of the Navy. Should any supplies be required at St. Bartholomews, you will obtain them from Mr. Bailey, a merchant of that place, who has of- fered to furnish them. At every opportunity you will inform me of your proceedings. Your obedient servant, (Signed) D. PORTER. Lieut. Comdt. J. SLOAT, U. S. schooner Grampus, 26S tf. S. SHIP PEACOCK, St. Thomas, March 3 your obedient servant, (Signed) D. PORTER. Lieut. Commandant C. W. SKINNER. SEA GPLL, AUentan, May 19 th, 1823. SIR : As soon as you are relieved by the Grey Hound, you will fill your water and proceed to this place with the Wild Cat and Beagle, that they may undergo the necessary repairs. (Signed) D. PORTER. Directed to Lieut. Commandant C. W. SKINNER. SEA GULL, Allenton, June HM, 1823. SIR : You will proceed to Havana, and deliver the letter bag of the Wild Cat to Messrs. Castillo, Black, & Co. informing them you will leave there for the United States, on the 1st of July. You will then offer convoy, proceed to Matanzas, leave a letter bag with Messrs Latting &. Co. informing them you will sail on the 28th. You will offer convoy from Malanzas take in specie, return te Havana take in specie from there for the United States, and re- turn here for further orders, leaving Havana on the 1st of July. Very respectfully, your obedient servant, (Signed) D. PORTER. Lieut. Commandant C. W. SKINNER. NAVY DEPARTMENT, June 19/A, 1824. SIR : Circumstances have rendered it necessary to give to your cruize a direction, which was not intended or anticipated, until within two or three days past. You will receive such orders from Captain Kennedy, as he shall transfer to you, relating to his cruise on the coast of Africa and you will obey them, as if directed to yourself. On Wednesday next, the Rev. Mr. Gurley will leave this, and on his arrival at Norfolk, you will receive him on board, and proceed without delay, to the coast of Africa, touching at Cape Messurado, and following thence, the directions in your orders. It will proba- bly be necessary for you to remain at the Cape eight or ten days, in order that Mr. Gurley may accomplish what he is directed to do He will return with you to the West Indies, where you will report to Commodore Porter. Mr. Gurley will return thence to the United States, by the first opportunity. I am, very respectfully, sir, your most obedient servant, SAML. L. SOUTHARD. T'ieutenant CHARLES W. SKINNER, Commanding U. S, schooner Porpoite, Norfolk, Va.i 34 266 Gopy of a Letter from Lieut. C. W. Skinner, commander of the U. S. Schooner Porpoise, enclosing copies of the correspondence referred to in the lellert U. S. SCHOONER PORPOISE, .Malanzas, 24//i October, 1824. SIR : I have the honour to inform you that, after leaving the con- voy from Havana, I stretched in for this port, where I anchored oa the evening of the 18th. On inquiry,! was informed no piracies had been recently committed in this vicinity. I, however, deter- mined tc despatch the boats secretly from the harbour, and exam- ine the adjacent bays and inlets. On the night of the 19th, I placed them under command of Lieut. Hunter, and acting Lieut. Johnson, with orders to examine about point Yeacbs, Sewappa bay, and Cani- ri >ra, places long notorious us a retreat for pirates. On the evening of the 22d, Lieut. Hunter returned with a piratical schooner of one carriage gun, one new American cutter, and two other boats ; one, having three men on board, he capiured ip Sewappa bay. Every appearance justified the suspicion of piracy. The persons informed Lieut. Hunter their vessel had been taken by armed men ; the boat they were in given in exchange, with a promise of returning in a few days and restoring their vessel. The next day, off Camrioca, Lieut. Hnnter discovered a suspicious schooner standing to sea, in chase of a vessel in sight On his approach, the schooner tacked, and made for the shore, closely pursued by the boats. The crew abandoned the vessel, and fled to the wood, where they were sought for in vain ; she proved to be a pirate, mounting one gun, and small arms. From the number of nautical instruments, trunks of clothing, rigging, and sails, with three sets of American colours, found on board, she must have robbed several vessels. From stains of blood on the clothes, and other articles on board, I fear the unfortunate persons to whom they belonged, must have been murdered. No papers were discovered which could lead to the name of the vessel or vessels captured ; several articles of clothing were marked "Cap- tain Shaw, " a number with the initials " A. S ' A bag on board was lettered "brig Morning Star's letter bag. " One waistcoat con- tained in the pocket a printed card, " Mr. M. Loris's boarding house, Charleston, South Carolina. " and appeared to have been newly printed. A medicine chest on board was put up in New York. I h;ive delivered the prisoners to the Governor of Matanzas, and shall furnish him all the testimony in my power which can throw light on their character. The schooner I sent out last night, under com- mand of acting Lieutenant Brown in hopes of decoying some of her former comrades. I sail with convoy to-morrow, and after joining the prise at sea, shall proceed to Thompson's Island for supplies, and return to the protection of commerce on this coast. 1 trust, sir, should the prize be sufficiently fortunate to meet with pirates, 1 shall have the pleasure to give a satisfactory account of .them. I do myself the honour to enclose the correspondence relative to the capture of the vessels and prisoners. I have the honour to be, respectfully, sir, your ob't servant, CH. W. SKINNER. To th Hon. SAMUEL L. SOUTHARD, Sefy of the Nary, Washington City, 267 U. S. SHIP JOHN ADAMS, Thompson's Island, Dec. 22nd, 1824. SIR : You will proceed to Havana, where you will complete your provisions and stores, offer convoy to vessels bound into the Gulf of Mexico, and then proceed to the coast of Yucatan, run down to Campeachy, there offer convoy aod protection, and from thence proceed to Alvarado, La Vera Crux, and Tampico, remain- ing in the neighbourhood of those places about six weeks, giving protection to our commerce, and governing yourself in all your proceedings, by my General Instructions of the 26th of Februa- ry, 1823. If, in the course of your stay in the Gulf, our merchants should have specie to transport from one port or place, or to the United States, you will take it on board on the usual freight ; taking spe- cial care that nothing like illicit shipments are made, and th$t no- thing in the shape of public advertisements appear, or that any thing is done that may be liable to misconstruction, or give rise to unfriendly comments ; and above all, that your vessel is not made an object of commercial speculation and enterprize. Nothing in the shape of merchandize must be taken on board, except under the cir- cumstances provided for by the Act for the better government of the Navy. Let all your proceedings in these respects be open rnake'known frankly to the authorities of the place your objects, and let your conduct be such as to remove all suspicions. In the transportation ol specie, an object of great importance to our country, we have a delicate duty to perform, and one which many believe is not obligatory on us. Confine yourself, however, strictly to your orders, and no remarks, whether publicly or pri- vately made, need cause you pain. After receiving the specie on board, proceed with the convoy, if any, to Havana, where you will await for further orders. Respectfully, your obedient servant, D. PORTER. Lieut. Commandant CHAS. W. SKIXMER, U. S. schooner Porpoise. U.S. SHIP JOHN ADAMS, Norfolk, Jan. 25th, 1824. SIR : When the U. S. schooner Porpoise shall have obtained a new crew, and received the necessary repairs, you will proceed with her to the coast of Africa, continuing along Jthe coast in the usual track of slave-trading vessels, in pursuance of the general cruising instructions, and the acts of Congress for the suppression of the slave trade and capture of piratical vessels ; copies of which, and of the laws relative thereto, you have enclosed. While on the coast you will touch at the American settlement of free coloured people ; communicate with the agent of the Coloni- zation Society ; ascertain the state and condition of the colony giv- ing it such aid, assistance and protection, as it may stand in need of, and be in your power to furnish. 268 From thence, you will proceed to the coast of Guinea, and thence in the route usually traversed by vessels with slaves, which is mostly north of the Antilles and the Keys to Cuba. You will, in your route, touch occasionally at some of the islands of the West Indies, to obtain news of piratical vessels ; proceed to Matanzas, fill your water, and repair to Thompson's Island, where you will receive my further orders. Wishing you a pleasant and successful cruise, I am, with great respect, your obedient servant, D. PORTER. Lieut. Comd't SKINNER. U. S. GALLIT SEA GULL, Havana, Jan. 23rf, 1825. SIR : On your return to this place, from the Gulf of Mexico, should you have upwards of one hundred thousand dollars on board, for the United States, you will proceed with it to the most convenient port, land it, take in the necessary supplies for your vessel, and re- turn to Thompson's Island. Should you not have so large an amount on board, you will, after landing it here, proceed to Thompson's Island for further orders. Very respectfully, (Signed) D. PORTER. Lieut. Comdt. C. SKINNER, U. S. schooner Porpoise, SEA GULL, Port Rodgers, June 12/A, 1823. SIR : You will receive herewith eleven letters from the Captain General of Cuba, to the military governors Taraco, Bay amor, Gi- laca, Batabano, Puerto Principe, Jaqua, Baracoa, Halquin, St. Ju- an de los Retnedios, Trinidad and Cuba, and one from me to the Admiral at Jamaica. You will proceed with the United States schooner Beagle to de- liver the abovernentioned letters, and, at the same time, keep in view the suppression of piracy. It is my intention, on your return to this place, which must be within two months, to send your vessel to the United States. You will, therefore, take on board such sums of money, as merchants may wish to ship in her, and on such terms of freight as you may think proper to establish with them. Very respectfully, your obedient servant, (Signed) D. PORTER. Lieut. Comdt. JOHH T. NEWTON. SEA GULL, Port Rodgers, Sept. 1, 1823. SIR : On your way to the United States, you will touch at Hava- na, and deliver the accompanying letters, receive such letters as the merchants may wish to send by you, and should specie be offer- ed by them for the United States, you will take it on board at the usual freight. Very respectfully, your obedient servant, (Signed.) D. PORTER. lieut. Comd't JOHN T. NEWTON. 269 U. S. SHIP JOHN ADAMS, Jan. 13, 1824. SIR: You will proceed to sea with the U. 3. brig i>p..rk and schooner Weazle, under your command, touch at St. Bartholo- mews and St. Thomas's for information ; run dowu the south side of Porto Rico, examine the Mona passage and island of Nona continue down the south side of St. Domingo, keeping well in shore ; ami from thence, down the old Straights of Bahama to Ma- tanzas, where you will land Dr. Anderson. There have been two armed vessels carried off by their crews lately, one a ship from St. Bartholomews, belonging to the Colom- bian Government, the other a brig, belonging to Porto Rico, and they have both turned pirates. The ship was called the Oronoke, formerly commanded by a Captain Nutter, but ran away with by the Boatswain's mate, (Wil- son, 1823. .SiR : You will proceed to sea with the two schooners, and give convoy as far as the Double Headed Shot Keys, if necessary, thence to Key Sal, then across to the Keys to the windward of Point Yeacos, down the coast of Cuba to Cape Antonio around to Trinidada, on the south side, and if your provisions will hold out, and there should be no necessity for your continuance in that neighbourhood, you will rake the circuit of Cuba, returning to Thompson's Island by th^- 272 4 way of the old Straights of Bahama, giving every suspicious place a thorough examination. With great respect, your obedient serv't, (Signed) D. PORTER. Lieut. Comd't R. M. ROSE. Lieutenant Commandant R. M. ROSE : There has been a report of piracy at or near Keytaca. Captain Rose will proceed there and ascertain the grounds of the report, taking \vith him the Midge under the command of Lieut. Boughen, and act according to circumstances. It will be desirable to proceed to-night or to-morrow morning 5 early, and to work up inside the reef. (Signed.) D. PORTER. SEA GULL, Port Rodger t, June 18, 1823. SEA GULL, Allenlvn, July 1, 1823. SIR: You will proceed to Havana, land the two Spaniards, deli- ver to the Captain General the accompanying package, and offer to bring over any claimant of the detained property who may wish to come. You will place the letter bag of the Terrier in the Counting House of Messrs. Castillo, Black, & Co. informing them you will leave there, for the United States, on the 15th of July. You will there offer convoy ; proceed to Matanzas. leave a letter bag with Messrs. Latting &. Co. informing them you will sail on the 12th. You will offer convoy from Matanzas ; take in specie ; return to Havana ; take in specie from there, and return here for further orders, leaving Havana on the 15tb of July. With great respect, vour obedient servant, (Signed,) " D. PORTER. Lieut. Comd't R. M. ROSE. SEA GULL, Port Rodgers, July 13th, 1823. (Extract.) SIR : You will proceed to prepare the Weazelfor a cruise, with all despatch. (Signed) D. PORTER. Lieut. Corndt. BEVERLY KEWNON. SEA GULL, Port Rodgers, July 19, 1823. SIR : When the Weazel shall be ready for sea, you vvill proceed to cruise for two weeks on the coast of Cuba between Havana and Cape Antonio, at the expiration of which time, you will return to this place. Very respectfully, your obedient servant, (Signed) D. PORTER. Lieut. Comdt. B. KEKNOJV. SEA GULL, Port Rodgers, July 25, 1823. SIR : I have directed Lieut Comdt. Ritchie, who is cruising ofl Havana, to place himself and vessel under your command. 273 You can exercise your own discretion, whether to cruise to lee- ward or to windward of Havana. It is my intention to send you home, and that you shall leave Ha- vana for this place on the 15th of August. You can, therefore, leave a lettering with Messrs. Castillo, Black and Co. calling for it on your return from your cruise, and taking on board specie, if any offers, for the United States, at 2 1-2 per cent, freight. From Havana, you will proceed here for further orders. Very respectfully, your obedient servant, (Signed) D. PORTER. Lieut. Comilt. B. KEMNON. SEA GULL, Port Rodgert, August 14, 1823. SIR : You will proceed to Washington City with the United States' schooner Weazel, reporting her arrival to the Honourable Secretary of the Navy, for such changes In the officers as may be necessary, and to fill up the crew those being the objects of send- ing her home. When the necessary changes have been completed, she is to return to this place by the way of Crooked Island, or Cau- cus Passages, running down the Old Straights of Bahama, touching at Baracoa and Matanzas, shewing yourself off Havana, and giving the whole coast a thorough examination. It is extremely desirable, that no unnecessary delay should take place in the United States, as the services of the Weazel wilb be wanted, and any delay will prevent my carrying into effect the ar- rangement of the periodical sailing of vessels from here. I should presume that the vessel might leave the United States to return to her station, in one week, from the time of her arrival j and, if you leave her, whoever may be your successor, I wish you to impress this on his mind, giving him a copy of this order. In case you resign the command, there is no absolute necessity, should any difficulty occur, in sending a commander in her, as Mr. Randolph can bring her out, and the command can then be given to one of the old Lieutenants on the station, some of whom are entitled to her. With the assurances that it will ever afford me pleasure to be associated with you on duty, please to accept my best wishes for a speed) and pleasant passage, and a happy sight of your friends. Very respectfully, your obed't eerv't, (Signed) D. PORTER. Lieut. Cornell. BEVERLY KEHNON. NAVY DEPARTMENT, 7lh Dec. 1822. SIR : Soon as the U. S. schooner Grampus shall be complete- ly equipped for sea, proceed direct to the Havana, and resume your former cruise about the Island of Cuba, for the suppression of pi- racies, under your former instructions. John Warner, Esq. Con- sul for the port of Havana, has permission to embark on board, to be landed at Havana. I am. respectfully, &c. (Signed,) SMITH THOMPSON. Ct. Com. F. H. GREGORY, Comm'g U. S. Sch. Grampus, Jf. York. 35 274 i U. S. GALLIOT SEA GULL, Allenton, May 16th, 1823. SIR : So soon as you receive this, you will repair to this place, where the services of the Grampus are much wanting. Very respectfully, your ob't serv't, (Signed,) D. PORTER. Lt. Cora. F. H. GREGORY. SEA GULL, Port Rodgers, June 13*/i, 1823. SIR: So soon as the Grampus shall be ready for sea, you will proceed to Matanzas, taking with you the barge Gnat, for the pur- pose of giving to our commerce there all the protection in your power against piracy, until you are relieved. It will be well to vi?it occasionally the bye places between Point Eycaco, Cayo Blanco, and Havana, if you can do so without leaving our merchant vessels unprotected. You will be governed in the performance of your duties by my general instructions of the 26th of February. Very respectfully, your obedient servant, (Signed,) D. PORTER Lt. Com. F. H. GREGORY. Lieutenant Commandant Gregory to Commodore Porter. U. S. SCHOOXKR GRAMPUS, Thompson's Island, July 3rd, 1823. SIR : I have the honour to inform you, that this vessel sailed from the Balize, on the 24th of April, with a convoy for Tolasco, where she. arrived on the 1st of May. Sailed thence again on the 6th, with convoy, towards Vera Cruz; parted with the convoy on the 9th, aad arrived at Campeachy on the 13th, where I received infor- m tion of several piracies committed upon the merchant vessels of the United States; and that the coast of Yuqatan, from Cape Catouche to Lagona, was then infested by several gangs of pirates, who had been guilty of every atrocity imaginable. Finding there were a very considerable number of merchant ships at the several ports upon that coast, unprotected, and others arriving almost daily, I con- tinued thereabouts until the 25th of June, scouring the coast up and down ; and, occasionally, when any information was had, which of- fered the least chance of detecting those villians, the boats were employed, and sometimes were sent along the coast twenty and thir- ty leagues from the vessel. On the 22nd of May, I chased a schoon- er ashore to windward of Sisal, which I have no doubt, was a pirate, from his appearance and conduct ; as it was in the night, and upon a part of (he coast where I was not sufficiently acquainted, and blow- ing fresh upon the shore, I had not an opportunity of completing his destruction. On the llth of June, I seized a suspicious vessel in the harbour of Campeachy, and resigned her to the authorities there, on that account. This last vessel had just come from New Malaga, or Vigia de Chiguila, a little to the windward of Cape Catouche, where the pirates have a very considerable establish- ment, and came down to Campeachy for the purpose of procuring 275 stores for a vessel then preparing for n cruise. Two seamen, who had been held as prisoners at New Malaga, informed me that this gang were sometimes a hundred and upwards in number; that they held possession of a small fort, having two twenty-four pounders ; and that an officer, named Molla, who had been placed there by the government, had joined them. This was corroborated by the au- thorities at Campeachy, who requested me to land and destroy the place. The pirates issue from their post in barges, small vessels, and in canoes, hover along the shores, enter the harbours, murder and de-troy almost all that fall in their power. On the 3d of June, the American schooner Shibbolit, Captain Perry, of New-York, be- ing then ready for sea, was boarded by a canoe, having fourteen of those villian* on board ; the watch was instantly murdered, eight others of the crew were put in the forecastle, the hatch spiked down, a ton or more of log-wood put over it, the head sails set, the wind off shore, and fire put to the vessel in the cabin. By the most extraordinary exertions, these men broke out in time to save their lives. I arrived while the vessel was burning down. The same canoe then proceeded to windward, and two days afterwards, took the schooner Augustus and John, off Sisal, and burnt her, having turned the crew adrift in a small boat, with every probability of their per- ishing. The people of the country were much exasperated, and turned out to bunt them from their shores. A party of dragoons having met them, a skirmish ensued, where- in the captain of dragoons, and several of his men, were killed, and the pirates, taking to their boats, escaped. One of the seamen I mentioned as having been amongst them, stated, that he belonged to an English schooner from New Providence, called the Flyer ; that the crew, with the exception of himself, were instantly butchered. He was detained by them about two months, during which time they had c.iptured nine vessels, some of which were brought in, but the principal part destroyed ; and, in som^ instances, he was certain that the whole crews vvere murdered When he left the place, (about twnnty days since) they had a Guineaman, with two hundred slaves, and a large quantity of ivory ; two small schooners, Americans. And an English cutter informed me, that the pmite* had a direct and uninterrupted intercourse with Havana, by means of small coasting vesseU that ran regularly to the ports on the coast, and al- ways touched at New Malaga. Frequently, some of them would go up to the Havana, and others of the gang come down. That this infernal horde of villians have established themselves at New Malaga, I have no doubt ; and, from the .information given me by men of the first respectability at Campeachy, Sisal, and other places on the coast, I believe the pirates have been guilty of all the acts as herein stated. I have the honour to be, very respectfully, your most ob't serv't, FRANCIS H.GREGORY, Lieut'. Com U.S. Navy. C om. DAVID PORTER, Com. U. S, Naval Forces, West India Station. 276 SEA GULL, Port Rodgers, July 4lh, 1823. SIR : You Will proceed fo or near Key Vacas, in search of an armed schooner called the Centilla, and sailing under the Colombian flag, which has lately captured and sent to that place several Span- ish vessels, which have been perfectly wrecked there, and the car- goes sold. , On meeting said vessel, you will require her commander to come with her to this place, and should he refuse to do so, you will take possession of her, and bring her in. The Captain of the Centilla claims for her the character of a national vessel. It is therefore desirable that no violence should be used, if it is possible to avoid it, as 1 can have no disposition or wish to offer any insult whatever to the officers or flag ot any nation in amity with the United States. But as the conduct of the officers and crew of the Centilla has been such as to produce doubts as to her real character, and as they have disregarded and violated the neutral character and laws of the Uni- ted States, and by the wrecking on our coast, and selling of prizes before condemnation, committed piracy, the flag of Colombia must not protect them. The Centilla must be brought in here, and such of her crew and prizes as you may fall in with. Force is only to be used in the last resort, and when every other means have failed But if necessary, it must be used until she submit. Lieut. Rodgers, of the Marines, can give you any information respecting her, and if you learn from that she has left the Coast, you will return to this place. Very respectfully, your obedient servant, (Signed,) D. PORTER, CommandinK U. S. Naval forces in the West Indies and Gulf of Mexico. Lieut. Com. F. H. GREGORY, Comm'g U. S. Sc/i. Grampus. PORT RODGERS, Thompsons Island, September 16/A, 1823. SIR : On your arrival here, you will set all the carpenters vou can muster, at work, on the house building for the marine officers ; you will take the brig, fitting for an Hospital, and moor her care- fully and securely at the upper part, and on the east side of the Harbour. You will use for this purpose, one of the chain cables and an- chors on shore (she has a chain and anchor on board) after which, you will please to finish her by laying her birth deck and laying a tier of cribs above and below on each side amidships, and finishing off with rough boards a snug cabin, for the commander and sur- geon, and closing her in all around on the outside with the same, leaving sufficient openings for ventilators, and for hoisting things in by fore and main yards ; then all the new work must be white washed. i The hull of the brig is to be painted pretty much as it is now : thi will take you about a fortnight or three weeks. The barges are, however, in the first place, to be hauled up *nd carefully housed, and Mr. Platt is to take care of all the barg- 277 men, until the arrival of the Hornet, when he will join her, with all of his officers and men. After you have performed these duties, you will proceed to Cam- peachy, La Vera Cruz and Tampico, for the protection of our commerce, for six weeks or two months, and receive on board, all monies which may offer you, the destination of which is to the United States. You will proceed to Norfolk with it, where you will report to me at Washington. You will touch at this place on your way home, as there is a possibility of my being here again by that time. While you are here, let your Surgeons give all the aid in their pxwer. Very respectfully, your obedient servant, D. PORTER. Lieut. Corad't F. H. GREGORY. U. S. SHIP JOHN ADAMS, Thompson's Island, Jan. 28/7i, 1824. SIR : You will proceed down along the Colorados reef in search of the two barges, Gallinipper and Diabletta, as far a Cape An- tonio, and should you meet them, you will deliver to the officer in command of them, the enclosed orders, for their return to this place, after which, you will return to Matanzas, for the purpose of giving protection to our commerce there, in conformity with my former instructions. Very respectfully, (Signed) D. PORTER. Lieut. Commandant McKEEVER. WASHINGTON, Aug. llth, 1824. SIR : As soon as the U. S. Steam Galliot Sea Gull shall have completed her repairs, and be in every respect ready for sea, you will proceed with her to New York, there to wait my further orders. Very -respectfully, your obedient servant, (Signed,) D. PORTER. Lieut. Commandant ISAAC MCJKEEVER, New York. WASHINGTON, Oct. Z0(h, 1824,. SIR : You will proceed with the U. S. Galliot Sea Gull, under your command, as speedily as possible, to Matanzas, for the protection of our commerce there, and thence to Thompson's Island, where yon will report yourself to the senior officer on the station, for further instructions. Very respectfully, (Signed,) D. PORTER. Lieut. Commandant MCKEEVER. U. S. SHIP JOHN ADAMS, Thompson's Island, Jan. 5th, 1825. SIR : You will leave Lieut. Bell in charge of the duties which have been assigned to you, in the neighbourhood of Matmzas, with the two small schooners and the barges, and you will proceed with the Sea Gull to this place, touching at Havana. 278 You will please to bring with you all the letters and newspapers for myself and the officers here, and if Col. John Mifflin of this place, and now at Havana, should wish to come over with you, I will thank you to give him a passage. Very respectfully, your obedient servant, (Signed,) D. PORTER. Lieut. Comd'tl. MCKEEVER. U. S. SHIP JOHN ADAMS, January 13/A, 1824. SIR : On receiving your provisions and water at Thompson's Is- land, after parting with the Spark, you will proceed to the Coast of Yucatan, running down the Coast from Cape Cartouche to Cam- peachy ; look in at Campeachy ; then proceed to Alvarado, La Vera Cruz, and Tampico, at one of which places you will find the U. S. biig Spark, Lieut. Com. Newton, who will be there for the purpose of giving protection to our commerce, and the conveyance of specie to the United States. If it is found that you can be advantageously employed in these duties, Lieut. Coin. Newton will be instructed to employ you there, and if not, to send you back to Thompson's Island. Very respectfully, your obedient serv't, D. PORTER. Lieut. Com. JOHN P. ZANTZIA-GER, U. S. Sch. Weasel. WASHINGTON, July 13th, 1824. SIR : I have received your communication of the 12th, which is satisfactory There is an absolute necessity tor your return to the West In- dies immediately . Your orders will therefore be issued to-morrow. Very respectfully, your obedient servant, D. PORTFR. Lieut. Com. JOHN I'. ZA.NTZIXGKR. WASHINGTON, July 14th, 1824. SIR : You will proceed to the West Indies, touching at St. Bar- tholomews, St. Thomas, and running down the south side of Porto Rico and Cuba, touching, if necessary, at Jamaica, examining for pi- rates, and offering convoy and protection to the property and per- sons of our citizens, according to my general instructions. You will then proceed around Cape Antonio to Thompson's Is- land, where you will fill up your provisions, and proceed thence to the port of Havana, and offer convoy to the Gulf of Mexico, run- ning down the Coast of Yucatan, touching at Camp % eachy, Alvarado, La Vera Cruz, and Tampico, giving all the protection in your pow- er to our commerce. If, in the course of your cruise, our citizens should wish specie carried from one port or place to another, you can take it on board under the restrictions formerly laid down to you, and on your arri- val in the Gulf, if there should be any considerable quantitv to be taken to New-Orleans, you can proceed there with it under like in- 279 structions. If it should be the opinion of the merchants at New Orleans, or the commanding naval officer, that the Weazel can be use! -lly employed between Tampico and that port, you can remain there six months, reporting to me from time to time ; but if not, you will return with specie to the United States, touching at Havana and Thompson's Island for orders. In the whole of your cruise, do not lose sight of the main ob- ject, the protection of the property and persons of our fellow citi- zens. Very respectfully, your obedient servant, (Signed,) D. PORTER. Lieut. Com. JNO. P. ZANTZINGER. SEA GULL, Port Rodgers, August 10, 1823. SIR : You will proceed with the U. S. Brig Spark, under your command, off Havana, where you will offer convoy, and after the vessels shall be well off from the land, you will run down, examin- ing the Coast to Cape Antonio, thence aroui.d the south side of Cu- ba to the Isle of Pines and Trinidad, where you will offer protec- tion and convoy. Should there be information of pirates in that neighbourhood that will, in your opinion, make your stay there necessary, you will continue to cruise about there for a reasonable length of time ; you then will proceed to windward, examining the coast to Cape Cruz, where it is probable there are pirates of which Lt. Com. Kearney will give you particular information. These you will endeavour to capture, and put to route, giving the place a thorough examina- tion. From Cape Cruz proceed to St. Jago de Cuba, and there offer protection and convoy, remaining in the neighbourhood of the place, as long as in your judgment your presence may be required. From thence continue your cruise to the east around Cape Mayzi, thence down the north coast to Baracoa, there offering protection and convoy, and exercising your judgment, as to the period of your stay about there. Continue to examine the coast from thence down to Matanzas, through the Old Straights. At Matanzas you will, if necessary, fill up your water and offer convoy, then proceed off Havana, offer convoy, and return to this place. Throughout your course you will endeavour by every means in your power to preserve the health of your crew, by avoiding in- fected places, by great attention to their comfort and cleanliness, and by preventing unnecessary exposure. The object of the course being the suppression of piracy and the slave trade, reference as your guide in the performance of these du- ties, is to be had to my general instructions, of the 26th February last. Very respectfully, your obedient servant, (Singed,) D. PORTER. Lt. Com. 12, R. SnuBRirK. Brig Spark. 280 WASHINGTON, October 29, 1823. SIR : When you shall have performed the duties required of you, by ray instructions of the you will proceed to the coast of Yuca- tan, running down toward Campeachy, thence to La Vera Cruz and Tampico, giving such protection as may be in your power to the commerce and citizens of the United States, against unlawful interruptions. Should merchants and others have specie to transport to the United States, you will take it on board, proceed to the port most convenient for their purpose, touching on your way at Thompson's Island, Havana and Matanzos, for orders ; and, in the event of not receiving any, you will, after landing your specie, return to Matan- zas, with all practicable despatch, to receive my further instruc- tions. Very respectfully, (Signed) D. PORTER Lieut. Comdt. E. R. SHUBRICK, Brig Spark. WASHINGTON, dugust llth, 1824. SIR: So soon as the U. S. schooner Ferret shall be in every respect read} for sea, you will proceed to the West Indies, running down through the islands, to ascertain whether our commerce re- quires protection : and if, in the course of your route, you should find protection necessary, you will afford it as far as your means will allow, governing yourself strictly in this respect, by the general cruising instructions, and the orders of your predecessor. You will run down the south side of Cuba, touching at St. Jago and Trinidad, examining the intermediate places, and then go round Cape Antonio, to Thompson's Island, where you will report to the senior officer there, for further instructions. At every place you touch, offer your vessel for convoy and pro- tection. Very respectfully, your obedient servant, (Signed) D. PORTER. Lieut. Comdt. T. H. BELL. WASHINGTON, August IZifi, 1824. SIR : So soon as the United States schooner Ferret, under your command, shall be ready for sea, you will repair to Thompson's Island, and report yourself to the commanding officer there, for fur- ther duty. On your way to the island, you will touch at Matanzas, and afford such protection to our commerce there, as may be neces- sary. In the suppression of piracy, and the slave trade ; in the protection of the persons and property of citizens of the United States ; and in your intercourse with foreign officers, you will be governed by my general cruising instruction? and other orders, which you will receive from acting Lieutenant Parragut. Very respectfully, your obedient servant, D. PORTER, Lieut. Comdt. T. H. BELL. 281 to. S. SHIP JOHS ADAMS, Thompson's Island, Jan. 5/A, 1825. SIR : With the two schooners Ferret and Terrier, and the bar- ges Mqiquitoe and Diabletta, you will take charge of the protection of the commerce of Matanzas, and the suppression of piracy in that neighbourhood, until further orders my general instructions of the 182 vviM be your guide in all cases, where they can be ap- plied. You will call on Lating, Adams and Co. for such occasional and indispensable supplies as may be required for the vessel. Very respectfully, your obedient servant, (Signed) D. PORTER. Lieut. Comdt. BELL. (Extract.) WASHINGTON, Zl it December, 1822. SIR : You will proceed to Norfolk with the eight schooners pur- dhased for the suppression of piracy, and deliver them to the com- mandant of the Navy Yard, to be manned and equipped. As I have explained to you my ideas, generally, as to the manner of equipping these vessels, I shall refer Captain Warrington to you for information, time not allowing of my going into detail. They will each have on board three lieutenants, three midshipmen, a surgeon's mate, and 24 petty officers, seamen, and marines, and boys ; therefore, accommodation must be procured for that number. (Signed) D. PORTER. Directed to Lieut. J. NEWF.LL, U. S. Naty. NORFOLK, February 8/A, 1823. SIR : When the two schooners, of which you have the charge, shall be prepared with the barges, &c. you will proceed with them to Thompson's Island, and there land their cargoes, after which, you will place the barges in a condition for service, and await my arrival. The schooner hired by the month, you will keep with you, the other you will discharge as soon as possible. In landing the materials for building, you will consult, as far as practicable, our ultimate convenience. Midshipmen Morehead, who will go out with you, has been some time on the Island, and can give you much useful information relative thereto. The circuitous route which I shall take with the squadron, will prevent, in all probability, my arriving so soon as yourself. You will therefore have an opportunity of making yourself well ac- quainted with the harbour and navigation ; and you will please to place buoys of casks to point out the deepest water, keeping a look out for me in the offing, in order that you may give me your aid in, taking the vessels to the best anchorage. Wishing you a pleasant passage and safe arrival, 1 am with much respect, your obedient servant, (Signed) 0. PORTER T.teut. THOS. NF.WEI.L. 36 282 U. S. SHIP PEACOCK, ' AHenton, April 10//t, 1823. SIR : So soon as the schooner Mary, now called the Trap, shall be ready for se;i with her provisions and stores, you will take on board a detachment ol" marines, and stretch over to the coast of Cuba, throwing yourself in the way of open boats from the shore, and making your way slowly down toward Cape Antonio, where I shall expect to find you after I have visited with the steam vessel and barges, the coast to windward of Matanzas. There is anchorage under the lee of the Cape, and at Cape Co- nantas ; and as I shall depend on you for my provisions and coal, it will be best for you to anchor at one of those place? but be careful to guard against a surprise, and also to conceal your force. Accompanying this, you trill receive a set of general instruction? for your government. Very respectfully, your obedient servant, (Signed) D. PORTER. Lieut. Commandant THOS. NEWALL, U. S. Schooner Trap. SKA GCLT., Port Rodgers, June 12//>, 1823. SIR : You will proceed with the schooner Ferret under your command, to the south side of Cuba, to give protection to our com- merce in that quarter ; and \vhen your provisions shall have been expended, you will return to this place. It is my intention to send you to the United States soon after your return ; you can therefore take on board any sum of money which merchants may have to ship, and on such terms of freight as you can agree on. Very respectfully, your obedient servant, (Signed) D. PORTER. Lieut. Commandant T. M. NEWELL. Lieut. Com. Newell to Commndore Pottei. U. S. Sch. FERRET, Thompson's Island, June 25//i, 1823. SIR : Pursuant to your instructions, 1 left this place on the 14th inst. on a cruise to Trinidad, on the south side of Cuba, in company with the Beagle, Captain Newton. On the second day we parted company, and on the third day 1 made the Havana, (on my way to Matanzas,) from thence I commenced a diligent search in all the by ports and bays. On Tuesday sent my boat into Canised, and obtained information that some pirates were still lurking about the coast ; during that night, I kept close in with the land, and on Wed- nesday, at 10 A. M. discovered an armed barge, with 16 oars, and well manned, in a small bay, called Bacuna Yeauga ; 1 immediate- ly sent Lieut. Doming, with five men, the most my boat could car- ry, to examine all the boats, there being seven in number. He ap- proached within fifty yards of the barge, when the crew shew their character, by opening a fire on him. with musquetry and blun- derbusses, whic4i, fortunately, did no other damage than nearly to sink the boat, she having received a ball at the water edge five other ones were found in the boat, ivhich, being nearly spent, had struck tbe water, and innocently jumped into her. My boat, at no 283 ,nne suitable Ibr the transportation of men, and now rendered use- less, induced me to take possession of a small coaster that was near, and manned her with fifteen men. and at that time intended to stand in, if possible, with the Ferret, in order to cover the men while they took possession of the barge, which then had the American colours, union down ; but, on approaching, found that the channel would not admit of my entering. It then blowing very hard, and a heavy ,sea on, i deemed it proper to recall the coaster, which had like to have gotten ashore : for, had that catastiophe occurred, 1 question much whether the pirates would have had the gratification of butchering them, as they certainly would have been drowned. The sea was then breaking with great violence over the reef that covered the bay. I was then compelled to resort to making tacks, close :n with the reef, and giving them long torn, with round and grape, in hopes to destroy the boats as to killing any of them, it was impossible : for, on the approach of the Ferret, they would completely secure themselves behind the rocks and trees, which hung all around the harbour ; but this I was frustrated in, by the enormous roughness of the sea ; and, the wind being on shore, pre- vented me from taking any position, from which I could annoy them much. Finding it impossible to do any thing, with the means then in my power, 1 stood out to sea, in hopes to fall in with some vessel from which I could get a suitable boat, (but 1 am sorry to say. that it was not until next morning that my wishes were obtained.) and, if that could not be done. t> push to Matanzas, to concert a plan with the Governor, by which the pirates, as well as their boats, may be taken. I, however, obtained a boat from an English vessel, aii'l immediately bore up for the same place, which w;is then but a short distance off. *I had not run but a short time, when I discovered a Spanish brig of war lying too, off the bay, which proved to be the Matae. On the report being sent to the Governor of Matanzas, that one of the U. S. Schooners was engaged with the pirates, he de-patched this brig, and, at the same time took with him a land force, and had cruised there a few mimiU'S before me, and had ta- ken possession of a small sch. boat, the pirates had abandoned, and which lay on the beach. I sent in my boat after he had left, and ordered a search, when two of the boats 1 had seen the day I at- tacked them, were found, well sunk, up a Logoon, which, upoa further examination, extended several miles into the Island, and have no doubt but that the large barge is now at the head of it ; but, not being prepared with boats, I did not think it proper to send my boats out from the Ferret. The two boats I have brought over, and shall await your orders relative thereto. On my arrival at Matanzas, I found my mainmast very danger^- ously sprung, which has made it necessary for me to return here, but not until I had given convoy to eight of our merchantmen from Matanzas and Havana. I have the honour to be, sir, very respectfully, your obedient servant, THOMAS M. NEWELL. Com. DAVJD PORTER, Commander of the f7, S. Naval Forces, W. India station: 284 SEA GULL, Port Kodgers, July 13, 1823, SIR : After tending the persons you will take over at Havana, you will run down the coast to Artigasa to search for some cannon and ball left there by a pirate, which you will take on board if you find them. You will then look in at Cayo Blanco, on the eastern part of the Colorados, and return to this place. Very respectfully^ your obedient servant, (Signed,) D. PORTER. Lieut- Comd't THOMAS M. NEWELL. Lieutenant Commandant Newell to Commodore Porter. U. S. SCHR. FERRET, Port Rodgers, July 23rd, 1823. SIR : I have the honour to report to you that, after delivering the pirates at Havana, I cruized down the coast of Cuba to the windward, as far as Cayo Blanco, and examined every creek and harbour. After searching and diving for sometime at Artigos, (a small hidden river) I found the guns you alluded to in your in- structions ; also, a new gun carriage, calculated for a twenty-four pounder, was taken from the mangroves, where the pirates had carefully hidden it : my vessel being so much lumbered up, I could not bring it ; 1 therefore cut it up, and saved the irons ; the guns taken are five in number one long six pounder, one short do. one nine pounder carronade, and two long three's ; the latter well mounted, and appear to have been very recently placed there. I then returned to the Havana, and, on Sunday last, gave convoy to six Americans, and one Danish ship. I have the honour to be, sir, very respectfully, vour obedient servant, THOMAS M. .NEWELL. Com. D. PORTER, * Commanding U. S. Naval forces in the West Indies and Gulf of Mexico. SEA GULL, Port Rodgers, July 24/A, 1823. SIR : You will proceed with the schooner Ferret under your command, to Havana, leave your letter bag at the Counting House of Messrs. Castillo, Black and Co. ; offer convoy, continue cruizing in the neighbouihood, for the protection of our commerce, and should merchants or others wish to avail themselves of this oppor- tunity, to send specie to the United States, you can take it on board at the usual freight, leaving Havana on the 1st of August, and re- turning to this place for further orders. Very respectfully, your obedient servant, (Signed,) D. PORTER. Lieut. Corad't THOMAS M. NEWELL. (Extract.) SEA GULL, Port Rodgers, August 1, 1823. SIR : You will proceed to Washington with the United States schooner Ferret, reporting her arrival to the Hon Secretary of ihe Navy, for such changes in the officers as may be necessary, -and 285 *o fill up her crew, these being the objects of sending her home When the necessary changes have been completed, she is to return to this place by the way of Crooked Island, or Caucus Passages, running down the old Straights of Bahama, touching at Baracoa and Matanzas, showing yourself off Havana, and giving the whole coast a thorough examination It is extremely desirable that no unnecessary delay should take place in the United States, as the services of the Ferret will be wanted, and any unnecessary delay will prevent my carrying into effect the arrangements of the periodical sailing of vessels from here. (Signed,) D. POUTER. Directed to Lieut. Comd't THOMAS M. NEWELL. (Extract.) SEA GCLL, Port Rodgers,July 19, 1823. SIR : You will proceed to Havana to give protection to our com- merce ; and you will communicate with Messrs. Castillo & Black every day. Should they have any communications for me, you will lose no time in conveying them to this place. (Signed,) D. PORTER. Directed to Lieut. Com. Jxo. T. RITCHIE^ SEA GULL, Port Rodgers, July 25th, 1823. SIR: You will place yourself and vessel under the command of tiieut. Cora. Kennon. Very respectfully, your obedient servant, D. PORTER. Lieut. Com. JNO. RITCHIE, Schooner Fox. SEA GULL. Port Rodgers, August 8, 1823. SIR : You will proceed to Havana with the U. S. schooner Fox, and place yourself under the command of Captain Sidney Smith. Should Captain Smith have left Havana, you will proceed witli all possible despatch to a place called New Malaga, near Cape Ca- tooche, on the Coast of Yucatan, where it is said there is a pirati- cal establishment ; and in the event of your not finding Captain Smith there, you will proceed to ob'ain all the information in your power with regard to said establishment, and return to this- place with all possible despatch. You will endeavour to ascertain whether a British force has gone against it, how far it has extended its operations, and whether suc- cessful or otherwise. Very respectfully, your obedient servant, (Signed,) D. PORTER. Lieut. Com. J. T. RITCHIE. Lieutenant Commandant Ritchie to Commodore Porter. U. S. SCHOO.VER Fox, 29/A of August, 1823. SIR : In compliance with your instructions, of the 8th ultimo, 1 proceeded to the coast of Yucatan, to ascertain the situation of a pi- ratical establishment, said to be there. On the 14th, I arrived off 286 the port of New Madrid, (New Malaga) and immediately sent a boat to obtain all the information possible, relative to the situation and character of the fortification. It gives me great pleasure to inform yon, that the establishment alluded to, is a fortification for the protection of the town of New Malaga, recently established there for commercial purposes, and that no pirates have been heard of on that coast, for some time. The enclosed letter from the commandant of that place, in answer to a letter addressed to him, by me, will, no doubt, fully explain their character ; also, a letter from the commander of H. B. M. brig Scout, on the subject of the attack on the Fort, which, no doubt, gave rise to the report of its being a piratical establishment, and the answer thereto upon that subject. I am, sir, very respectfully, your obedient servant, JOHN T. RITCHIE. Com. D. PORTER, Commanding West India Station. PORT RODCERS, Thompson's Island, September I6lh, 182J. SIR : You will proceed to Washington without delay, touching at Norfolk to land your specie. On your arrival you will report yourself to the Secretary of the Navy and Navy .Commissioners for repairs. You will inform them that I am on my way home in the Sea Gull. Very respectfully, your obedient servant, D. PORTER. Lieut. Commandant J??o. T. RITCHIE. * U. STATES' SHIP Jems ADAMS, Thompson's Island, April 16/A, 1824. SIR : You will proceed with the. Fox, accompanied by the Bea- gle, Lieutenant Commandant Cross, to the Colorado reef, and en- deavour there to join and co-operate with the Sea Gull and Barges under the command of Captain Wilkinson, in pursuit of pirates. Should you not join Captain Wilkinson before reaching Cap* Antonio, you will wait his arrival there, near which place you will find the Grey Hound. You will receive from him your further orders. Very respectfully, your obedient servant, D. PORTER. Lieut. Commandant JOHN T. RITCHIB. U. S. SHIP JOHN ADAMS, Thompson's Island, April 12/A, 1824. SIR : You will proceed to Havana, and should any of our mer- chants have specie for New Orleans, you will take it on board on the usual freight, and proceed to that place. From thence you will proceed to Tampico, and continue to ply between that place and New Orleans, giving such protection to our commerce in that quarter as may be in your power. Endeavour to make your arrival and departure as regular aJ- 287 possible, in order thaf persons requiring your protection may be enabled to make their arrangements accordingly. You will make all vour requisitions, and receive all your sup- plies of provisions in New Orleans, and report yourself at every ar- rival and departure to the commanding officer there, and you will seek every opportunity of communicating with me. You will return to this place by the first of October, unless other- wise instructed, and you may touch at Havana before coming here, for the purpose of landing specie ' I have read to you the instructions of the honourable Secretary of the Navy, relative to the transportation of treasures ; I have no apprehensions that you will go beyond the authority given it \a therefore needless to make any further communication to you on the subject. I will merely remark, however, that none of the ves sels of war under my command, must on any account, whatever, and under any inducement, be used for the purposes of commer- cial adventure. You can carry the treasures of our citizens from one port or place to another, and you can take it to the United States ; but no- thing in the shape of public advertisements must appear, and in all your intercourse with the authorities of the places you may visit, make frank acknowledgments of the motives which brought you there. Let all your transactions in this respect be open, and not liable to misapprehension. Nothing, whatever, in the shape of clandestine shipments must be countenanced. For the information of the government, you will, on joining me, report to me the amount of treasures which you have on board your vessel, where taken from, where destined, and the circumstances, terms, and conditions on which you have taken them. During your stay in the Gulf, as well as on your passage out and borne, you will seek every occasion to give protection to the per- sons and property of the citizens of the United States. Wishing you a pleasant and a profitable cruize, I am, sir, very respectfully, your obedient servant, (Signed) D. PORTER. To Lieut. Commandant JOHN T. RITCHIE. WASHINGTON, October H/&, 1824. SIR : I have received your several communications respecting ihe schooner Fox, under your command. She re to be got in readiness for sea with the least possible delay ; and when ready, you will report to me. Very respectfully, (Signed) D. PORTER. Lieut. Cornell. J. RITCHIE. WASHINGTON, October 17, 1823. SIR : You will proceed to Matanzas, in the Island of Cuba, with Ihe schooner Beagle, and there join the Wild Cat, which you will 288 find ther% With these two vessels, you will give such protection as may be in your power, against pirates, to the commerce of the United States, and to the vessels of all nations requiring it. You will receive your supplies of all kinds from Thompson's Island. You are to be governed in your operations by my general instructions of the 26th of February. Very respectfully, your obedient servant, (Signed) D. PORTER. Lieut. Comdt. Jos. CROSS. U. S. SCHR. WEAZEI,, Alvarado, Dec. 5th, 1824. SIR : 1 sailed from Thompson's Island on the 17th of September, for Havana, off which port I fell in with and convoyed in the Ame- rican brig Herald of Boston. After watering, sailed for Campeachy giving convoy to three American schooners (the Daet, Commerce, and Superior,) to the Bank ; arrived there 27th September, and sailed on the 29th for Alvarado. On the 6th of October, a little to the east of Alvarado, spoke the U. S schr. Shark, Capt. Gallagher ; received instructions to stand for and anchor at Sacrifice, for the purpose of taking on board Mr. Taylor, American Consul, (then on board the Shark) and returning with him to Alvarado. In riding out a norther at Sacrifice, I parted my hemp cable, and was unable to find the anchor. I have been under the necessity ot purchasing a cable and anchor in this port. Sailed from Vera Cruz on the 9th, and arrived here on the 10th. On my arrival, received a let- ter from the American Consul, giving an account of the capture of the American brig Cato, by the pirates, and the schooner Leader's wanting protection at Tabasco ; a copy of which letter is enclosed, and marked A. 1 was compelled to remain a few days in port, to repair my sails, and procure an anchor and cable ; which being done, I sailed on the 19th for Tabasco. In consequence of a strong southwesterly current, we drifted in near Chittepeque river, where I despatched a boat with an officer for a pilot ; the boat returned without the officer, the Commandant having detained him. Situ- ated thus, I thought it most advisable to stand for the river; which 1 did, and anchored directly opposite the fort, and in good shot dis- tance. I was determined to knock down his fort, if he did not give up the officer immediately, and take him by force. Immediately on the demand being made, he delivered him up, making many apo- logies for having detained him. Here I was detained near two weeks, by a continual succession of northers, which rendered it impossible to cross the bar. On the 28th, I received a letter from Capt. Dulany, dated Villa Hermoza, requesting to see me ; a copy of which I have enclosed, and marked B. The next day I pro- ceeded there in the culler, for the purpose of seeing the two Cap- tains ; reached ihere in two days ; on the third, returned to the vessel, bringing with me Captain Dulany, of the Cato. On rny return. I had the pleasure of finding the water on the bar quite 289 smooth ; and sailed for Tabasco, where I arrived on 6th November. After a few day's delay, I proceeded to Chiapa river, distant about thirty four miles from the mouth of the river. I here found it imprudent to proceed farther up the river, in consequence of sickness, which wa? brought on by excessive fatigue, in warping up against a four-knot current. I despatched Acting; Lieut. Taylor, with Captain Dulany, in the cutter, to Villa Hermosa, and sent a letter to the Governor, requesting him to facilitate the brig and schooner's passage down the river. On their arrival, I set sail, and convoyed them fifty miles clear of the coast, and then stood for this place, where i arrived on the 29th. The Weazel has been active- ly and usefully employed on this station ; particularly in this port. On my first arrival, I found nearly all the crews of the American vessels down with sickness, and my men were compelled to assist them in various ways in taking care of their vessels, &c. Since being in the Gulf, I have had much sickness on board, which was brought on by the severe duty performed by my men. Jacob Rise, O. S. died in this port on the 28lh October, of the fever. Now, with pleasure. I inform you, my officers and crew are in good health ; and shall sail from this port for Tampico, as soon as the present norther is over, and the bar smooth enough to cross with safety. I have been compelled to draw two or three bills on Government, in supplying my vessel with provisions, &c. In consequence of Acting Lieut. Carr leaving the vessel at Philadelphia, 1 appointed Sailing-Master E. C. Taylor Lieutenant, in his place ; which ap- pointment, I presume, will meet your approbation ; since which time, he has been performing both duties. I have the honour to be, with much respect, yourobed't serv't, CHAS. BOARMAN, Lieut. Comdt. U. S. schr. Weazel. U. S. SCHOOWF.R WEAZEL, Havana, 2lsl January, 1825. SIR : I have the honour to report the arrival at this port of the (I. 9. schooner Weazel, thirteen day.s from Tampico. The particulars of ray movements up to my leaving Alvarado, I presume you have received. Sailed from that port for Tampico on the 7th of Decem- ber, and arrived there on the 12th. I continued at that anchorage till the 12thinst. giving all necessary assistance to our merchantmen, which was great. Thomas Gray, Seaman, was drowned by a fall from 'the main boom in assisting one of them. John S. Holey, O. S. deserted. The Weazel has not been successful in capturing pirates, but she has been both usefully and actively employed in giving pro- tection to our commerce. Farther particulars I will give you, dur- ing the day. I havethe honour to be, your obedient servant, CHAS. BOARMAN Lieut. Comdt. U. S. Schr. Wcazlt. SEA GULL, Havana, Jan. 24lh, 1825. IR : You will proceed to a convenient port of the United State-,, 37 290 there land the money on board your vessel, and report yourself to the Hon. Secretary of the Navy, and the state and condition ot your vessel to the Board of Navy Commissioners. Very respectfully, (Signed,) D. PORTER. Lieut. Coind't BOARMAN. U.S. SHIP JOHN ADAMS, Thompton's Island, April 25th, U24. SIR : When the Sea Gull and Gillinipper are ready for sea, you will proceed with them to Matanzas, and there await my further orders, giving all protection in your power to our commerce in that quarter. Respectfully, your obedient servant, (Signed,) D. PORTER. Lieut. Coind't R. VORIIEES. U. S. SHIP JOHN ADAMS, April 24f/i, 182*. SIR: With the U. States schooner Jackall under your command, accompanied l>y the Wild Cat, Lieut. TLegare, you will proceed to the island of Mugeres or Woaian's Island, on the coast of Yuca- tan near Cape Catoche, and search of, and for the destruction of a piratical establishment said to exist there From thence you will continue to cruise along that coast toward Sical, giving it a thorough examination. From Sical you will send the Wild Cat to me with a report of your proceedings, and shape your course toward Campeachy, and thence to Alvarado, Sacraficios and Tampico, looking in at La Vera Cruz, at one of which places, you will meet this ship, and at the time or soon after your arrival, you will receive by her instruc- tions as to your further proceedings. You will ask of Lieut. Commandant Oellers my general instruc- tions, which will explain to you the duties you have to perform, as regards the suppression of piracy and the slave trade. During your stay in the Gulf, and on your passage there, you will seek every occasion to give protection to the persons and pro- perty of our citizens. Wishing you a pleasant and successful cruise, I am, with great respect, your obedient servant, (Signed,) Di PORTER. Lieut. Commandant JOHN H. LEE. Copy of a letter from Lieutenant Commandant John H. Lee, to Commodore David Porter, commanding Untied States' 1 Navalforces on the West India sta- tion, Gulf of Mexico, and Coast of Africa, dated U. S. SCHOONER JACKALL, SicaL, I2lh May, 1824. SIR : I have the honour to report to you, that, for the purpose of executing your orders to me on the 25th of April, the Jackall and Wild Cat sailed, on the 26th of that month, from Thompson's Island. On the following day, we made the Coast of Cuba, (Bahia Honda) and passing Cape Antonio in the night, we were unable to look in 291 there, although I felt n great desire to do so. On the 29th, arrived off Cape Catoche ; and, on the same afternoon, anchored between the Island of Contoy and the main land. This island is small, and thinly wooded, so that it required but a few hours to examine every part of it. We could discover no traces of any persons living there, or even of any persons having been there, except two thatched huts, in a very decayed state. Early on the morning of the 30th we left that Island, and ap- proaching as near the shore as the safety of the vessels would per- mit, we proceeded to the bland of Mugeres, and in the night an- chored between its southwest end and the main land. On the fol- lowing morning, having found the watering place, the vessels were removed to it, and, at the same time, detachments of men were sent on shore for the purpose of commencing an examination. This Island is larger, more thickly woode' to enclose you the Barbados ; and wl i c h has been for^ '".T^ f Writin 8 to y the hope of reachin.you fonvarded ^y several ves/els, 6 u n-neteen of the cretv of the ^ratVh ' 1S ^ d ' the ca P tain by the boats of His Majetyl E T ne , r ^ ara g oz ^. captured jnumcating with vou inSahal 5 T d Thracean . after com- bare been condemned to death '" the month f March, 326 And, that the trial of three others, forming with the exception oi those who gave evidence, the remainder of those captured by the boats, has been deferred, to allow them to procure some proof, which they consider will be favourable to them. This, together with the numerous vessels which have been de- stroyed of late, I hope will give a check to the nefarious practices of these remorseless depredators, and relieve the peaceful trader from all fear of future outrage. And, in the hope of seeing this great end accomplished, by the exertions of the several individuals we respectively command, in which we may preserve a commendable rivalry, I have the hon- tmr to subscribe myself, sir, your very obedient and hnmble servant, E W. C. R. OWEN. On board His Brilannick Majesty's ship the Gloucester, in Port Royal Har-- hour, Jamaica, 19 May, 1823. Commodore Sir Edward W. C. R. OWES, Knight Commander of the Most Ho- nourable Military Order of the Bath; Commander in Chief of His Britannic Majesty's Ships and Vessels, employed in the West Indies, and the Seas ad- jacent, To Commodore DAVID PORTER, Commanding the Naval Forces of the United States of North America, in the West Indies and Gulf of Mexico. SIR : I avail myself of the arrival of the schooners Grey Hound and Beagle, to acknowledge the receipt of the letter which you did me the honour to address to me on the 12th of June last, en- closing one for Captain Sir Thomas Cochrane, commanding His Britannick Majesty's ship the Forte ; and I shall not fail to transmit the gratifying assurance which it contains, that, the respect it was his pride and duty to shew to the remains of a gallant officer, whose estimable qualities had endeared him to his brethren, and to those who best could estimate his worth, had been received with satis- faction by yourself, and the several officers under your command. He will receive, with pleasure, that testimony of the interest which you take in promoting and improving the sentiments of mu- tual good-will which hitherto have marked the intercourse of the vessels of our respective squadrons, a disposition which, I trust, the con6dence that we reciprocally manifest, will confirm and ren- der still more perfect. I am happy to enclose you a gratifying proof of this improving sentiment of good-will, in an extract from report which has been made to me by Captain Maclean, of His Majesty's brig of war Bus- tard, making known to me how perfectly a small detachment from your force, commanded by the Lieut. Com. Watson, has co-operated with him in the service which I had entrusted to his guidance ; and, I beg that 1 may be permitted to express the pleasure that com- munication has afforded me. I am happy, further, to acquaint yon, that a piratical schooner, which had been cruising in the vicinity of the Isle of Pines, was driven on shore, and captured by the schooners Lion and Union , 327 under my command, on the 5th June ; and, though the crew es- caped on shore, I am glad to learn by some Cuba papers, that a party which had been ordered by the Commandant of Trinidad to pursue them into the interior, had been successful in taking a con- siderable number of them. I cannet close this letter, without offering you my congratula- tions on the success attending the exertions of Captains Kearney and Newton, in destroying the piratical establishment at Cape Cruz, in which vicinity a row-boat had, a short time back, been stated to have robbed some smugglers. Although your squadron has not been fortunate in capturing the crews of pirates, who, since the affair of the Zaragozana, are cau- tious in committing themselves, by a resistance which denies es- cape, yet, the judgment with which your squadron is distributed, and the perseverance which your officers have shewn, under cir- cumstances of great deprivation, have not been unrewarded ; and, to these causes, we may attribute truly a considerable portion of the comparative security which the merchant vessels, passing through the Gulf, have felt since its arrival. I trust success will still mark the exertions it is making for the general benefit Whilst I have the honour to remain, with senti- ments of sincere respect, your very obedient humble servant, E. W. C, R. OWEN. On board His Britannick Majesty's ship the Gloucester, in Port Royal Harbour, Jamaica, the 29th July, 1823. His BRITANIC MAJESTY'S SHIP GLOUCESTER, In Port lioi,al Harbour, Jamaica, the 23rd of September, 1823. To Commodore Porter, Commanding the Naval forces of the United State* of North America, in the West Indies. Sm : I have had no opportunity since the arrival of His Majes- ty's brig the Bustard, of forwarding to you the sincere acknowledg- ments that I so justly owe you, for the kindness and attention which you lavished on that vessel's sick and helpless crew, when her Cap- tain thought it right to seek refuge at your rendezvous. In my own name and that of Captain Maclean, and of every offi- cer and man belonging to her, I beg you will accept my warmest thanks, not only as the attentive care with which you watched the progress of that afflicting malady was consoling to the sufferers in the depression which attends disease, but as your own experience was made useful in the anticipation, and your stores were generous- ly applied to the removal of their wants, even to your own depri- vation, in cases where the infant state of your establishment did not enable it to supply them otherwise. I have charged Captain Stafford, of His Majesty's sloop Carna- tion, if he has the good fortune to meet you, personally to repeat, how sensibly I feel, and hovr highly I value, the humane and liberal sentiments which have governed yt)u herein. 328 The necessities of the Bustard took largely from your supply of medicines and medical comforts : these I request permission to re- place and as arrow-root and castor-oil are native productions here, and not only abundant, but I hope good, I have given direc- tions for a small quantity of each to be put up, and 1 request you will do me the favour to apply it to the comfort of any of your peo- ple who require it. Whilst I sincerely hope that no case will happen, to call on us for a return of kindness, such as leaves me now so much your debt- or. I will likewise hope, all future intercourse between the offi- cers of our respective services, may be marked like this by trunk and liberal sentiments, such as best can soften prejudice, and lead them to a just and proper estimation of each other. It will be my duty to lay the Report of Captain Maclean, before the Lords Commissioners of the Admiralty of the United Kingdom ; in doing which, I shall have pleasure likewise in repeating the sen- timents I here convey to you, as 1 have now in renewing the ex- pressions of consideration and esteem, with which I have the ho- nour to remain, sir, your most obedient humble servant, E. W. C. R. OWEN, Commodore Commander in Chief of H. B. M. ships and vessels in ike West Indies. Captain Roberts, of his Majesty's ship Thracian, presents his compliments to the American Commodore, and would have had the pleasure of waiting on him, but is indisposed. He begs to inform the Commodore, that the vessels at anchor are H. M. ships Tyne and Thracian that all the boats of boih ships are away on the coast, under Captain Wolcott, of the former ship. They have been away three days, and are expected back. Both ships have been on the coast, this side of Auguilla, for five weeks, and have taken nothing. The boats have been often away ; and about nine days back, being off Ensenachos, the Thracian's boats chased amongst the Keys a small schooner, and three row boats, having with them a merchant sloop, apparently American. Not knowing the coast sufficiently, the boats could find no passage within sand banks, and were obliged to carry them over three. The sloop was aground, and threw all her cargo overboard, consisting of flour ; but tfce other vessels went away to westward, within the Keys, with a breeze. Night coming on, and it blowing strong from N. N. E. the boats returned. Captain Roberts will feel obliged to the Commodore, for any in- formation or papers ; and if he has any thing to send to Jamaica, will be happy to convey it, as the ships are about to proceed there shortly. H. M. S. THRACTAW, If/A March, 1823. 329 H. B. Jtf. S. Bustard, Key West, July 23rrf, 1823. SIR : Ibeg leave to acquaint you that, in cruising in the Old Baha- ma channel with a small squadron under nay orders, 1 had the good fortune to meet at Port Xilarra with a detachment of yours, under the orders of W. H. Watson, Esq. employed upon a similar service to myself; we were together a considerable time, and on two mer- chant ships being wrecked upon a reef of Cayo Verde, it afforded us the pleasing opportunity of acting in junction, both afloat and oa shore, and I feel most sincere satisfaction in having the honour of reporting the unanimity and cordiality which was invariably observed. To Capt. Watson I consider myself personally indebted for his friendly attention, and desire of keeping up an interchange of infor- mation which is most gratifying for officers to meet with from each other, when pursuing the ame object. I have come to this anchor- age for the express purpose of making this communication, and felt a pleasing duty representing the same to Commodore Sir Edward Owen, whose orders to me were to co-operate with your forces, if it met the wishes of those officers i might have the pleasure of meeting with. 1 have the honour to be, with every sentiment of respect, and esteem Sir, your most obedient and very humble servant, R. MACLEAN, Commander. Commodore PORTER, &c. &c. &c. SEA GULL, PORT RODGKRS, July 25/A, 1823. DEAR SIR : I have the pleasure to acknowledge the receipt pf your letter of the 23rd, communicating the circumstances of your co-operation with part of my forces in the Old Straights in the pur- suit of pirates, and in the rescue of the cargoes of two merchant ships, wrecked near Key Verd, of your satisfaction in reporting the cor- diality which prevailed, and making an offer of future co-operation. On the return of Lieut. Comd't Watson from his expedition, the representations made by him to me, of the conduct of yourself and officers, on all transactions wherein you were mutually engaged, was most gratifying to me, and gave me a high opinion of your character which 1 find loses nothing on acquaintance. It will afford me, as 1 am sure it will every officer under my command, sincere pleasure to co-operate with you, or any other British officer, against our common enemy. So long as the same cordiality of feeling which has been manifested by you shall prevail. It will be highly gratifying to me if the British officers on this station will visit our little establishment more frequently, and al- though we have not much to offer them, we can assure them of a hearty welcome. With great respect, I have the honour to be, your very obedient servant, (Signed,) D. PORTER. To Capt. R. MACLEAN, H. B, M. Brig Bustard. 42 330 . H. M. S. Bustard, Thompson's Island, JugustSth, 1823. DEAR sm : your having placed in my hands an account transmit- ted you of an act of piracy, committed by the capture of the Ameri- can Brig Two Brothers, of Newbury Port, I beg leave to acquaint you, for the information of those concerned, that upon the llth of May last, 1 visited Cumberland Harbour, in the S. E. end of Cuba, with H. B. M. Sloop under my command, and found a vessel pe- cisely the description ; she was at anchor in the river Augusta, .about a mile and a half from the entrance, and had been removed there by the Spanish authorities, whose charge she was under ; the pirates had plundered her of every thrng on their abandonment, at that port. The particulars of her capture by them was furnish- ed me in a conversation with Don Jose De Lara, Captain of the par- ty at the district of Ma. Catalina, as also by Corn's O'Callaghan, a planter in that neighbourhood, and the fishermen in the harbour, their depositions appear to coincide exactly with the description and account you have furnished me of the said vessel. The Com- mandant (or Capt. of the party as he is called) further informed me, that some of the pirates who brought her in had been apprehended, and cent to the authorities of St. Jago de Cuba. I sincerely truft this may lead to the condign punishment of such an execrable act, and have the honour to remain with esteem, dear sir, yours, most respectfully, R. MACLEAN To Commodore PORTER, Sic. Sic. &c. H. Mk S. CARNATION, Havana, Jan. iQth, 1825. My DEAR sm : Your kind and obliging favour of the 3rd inst- I have had the pleasure of receiving, and feel happy to hear of your good health. The improvements you are making at Thomp- son's Island will be of great use to the ( naval establishment ; I regret to hear from Lieut. Liandet you have several cases of intermitting fever in the hospital, but I am in hopes when you clear away a lit- tle more wood and drain the swamps, the place will become heal- thy. We have no news of consequence here. Several reports of piracy, notwithstanding our numerous force round the island. We have five vessels of war upon the south side, and the same num- ber on this ; but, excepting we have a proper co-operation from the shores of Cuba, it is my opinion the United Navy or' America and England would not effectually suppress piracy ; they ought to insist upon hanging a few of the villians v (who are now in confinement here for that crime,) at the entrance of some of the principal har- bours in this island ; such an example would be attended with uni- versal benefit. A Spanish squadron, consisting oi a frigate and two corvettes, will leave this upon Wednesday, for the Castle of San Juan de Ulloa, taking down five hundred soldiers ; we hear they are in a very bad state there, and without immediate succour, must surrender. The Dartmouth Frigate, Capt. the Hon. J. A. Mande, has relieved me, and 1 sail in a few days for Jamaica direct. I can not yet say where my next cruise will be, but I hope to have aa opportt"Mty of visiting the United States shortly. The Dartmouth 331 and three schooners are searching all the Old Channel of Bahama, and the Ferret is also in that direction. 1 beg you will offer my best respects to Mrs. Porter and family when you write, us also to Captain Dallas. I shall be happy to be the bearer of any letters, &c. from him to his relations in Jamaica. I shall not leave this before Thursday morning, therefore if any vessel comes over, he will have an opportunity of writing them. Believe me ahvays with sincere respect and esteem, my dear sir , yours truly, R. MACLEAN. Com. D. PORTER, &c. &c. &c. Miscellaneous Correspondence on the General subject of Piracy and Convoy, frc. TRISIDAD, Cuba, May l9th, 1823 DAVID PORTER, Esq. DEAR SIR : We have the pleasure of acknowledging the recei pt ( your esteemed favour of the 16th ult. with the inclosed informa- tion to American merchants and ship masters. We are sorry to ob- serve that it is not in your power to send any protection on this side of the island for the present, in consequence of the want of men. We have to assure you, one or more small vessels are much wanted to cruize between Cape Cruze this and Cape Antonio, for the protec- tion of American vessels at present there is two pirates off cruiz- ing between this and Cape Briton Key Qiiego, and it is impossible for us to say what depredations they may commit on the unarmed American flag ; and we are sorry to say, there is no armed vessel in port to send after them we have therefore to hope your im- mediate attention will be drawn to the safety of American vessels coming and departing from this. We have no doubt but you are acquainted that those piratical vessels are generally fitted out from different ports in this island, and that they have their friends oo shore, which in one sense, is their protection towards piracy. We remain, with the greatest respect, your most obedient humble servant, - TATE S. GRAWN1NG. CONSCLTATE OF U. STATES, Jlloarado, lO/A Oct. 1824. SIR : I have just received positive information that an American vessel. Brig Cato, Hugh Dulany, (master) has been boarded and robbed, at Tabasco, at a place called Escovas, twelve leagues be- low Villa Hermosa, the principal town. The master and three men wounded. This vessel, together with another, the schoo- ner Leader, both of Philadelphia, require protection, which 1 have no doubt you will promptly afford them. It is desirable, your vessel permitting it, that you proceed to Tabasco before entering this port. The masters of the aforesaid mentioned ves- sels are said to have landed their guns on the beach, and there formed a batery for their protection. I am, sir, with great respect, your very humble and obedient servant, WILLIAM TAYLOR. Lt. Comd't CHAB BOARMAJT, U. S Schr, 332 ANCHORAGE OF SACRIFKIO, October 4, 1823. Coni're D. PORTER, Commanding the U. S. Squadron, Thompson's Island, SIR: Forty-eight hours after sailing of the U. S. ship Hornet from the port of Vera Cruz, the castle of St. John De Ulloa, opened its fire, on the town and forts of Vera Cruz, which has continued froba the 25tb of last month, to this day at intervals, always answer- ed by the Mexican forts ; the injury done on either side is very tri- fling, but commerce is driven down from Vera Cruz, and must re- sort to other points. Alvarado, a bar harbour, 36 miles S. E. from this place, admitting vessels of 1 1 feet, is the point which, in all pro- bability, will be most resorted to. It is impossible to foresee the termination of these hostilities, and should the Spanish authorities of Cuba support the governor of Ul- loa, in his mad attack, it is somewhat probable, that a blockade of Alvarado, and of the Mexican coast generally, may be undertaken. In such an event, the property of the citizens of the U. S. to a considerable amount, may be placed in imminent hazard, and will require to relieve it from jeopardy some interference on the part of our government and of our Naval force. Three are at present in the port of Alvarado, the schooner Fame, of Philadelphia, and a schooner from New Orleans ; the brig George, and the schooner Tom, both of Philadelphia, sail from this anchor- age on to-morrow, for the same port ; several vessels from the U. S. richly laden, are daily expected, and from the interior, a consid- erable sum is expected, belonging to citizens of the U. S. and in- tended to be shipped for our country. I deem it my duty to apprise you of these circumstances. Your patriotism and vigilance have no doubt with me, that you will prompt- ly adopt such measures as the case may require. With much respect, I have the honour to be, sir, your most ob't servant, T. REILLY. Vice Consul of the U. S. for the Port of Vera Crue. NEW ORLEANS, April 15th, 1823. SIR : A most atrocious act of piracy, has been committed in Campeacby Bay, on the American brig Belisarius, attended by the murder of her captain and cook in a most shocking and cruel man- ner ; and calls for every effort to bring the perpetrators to punish- ment. It also appears from the statement of the mate, and such of the crew of the Belisarius as have been examined, that at the time this act of piracy and murder was committed, there were several other vessels in sight, which, from hoisting the same flag with the vessel committing the act, must be of the same character. With the view of destroying this piratical association, bringing the guilty to punishment, and affording protection to the commerce of the United States, in the Gulf of Mexico, now very valuable, I have determined to retain the United States' schooner Grampus, under your command, on that service, until the pleasure of the De- partment shall be known. 333 above mentioned, looking rfT '*' Fe " el r Vessels the Spamsh coast in your route a Sv i,J ports and inlets on vice vv.IJ permit) with the v.ew o?dv'p the nat " re ol ' the er? and to afford protection to meh?T^eJ ?f 7 ^'^ V6S In the detent,on or capture of ves S ,, the United the general cruising instruct 0^ .^ W r g , Vern > the slave trade, and punis hmen?o fpTr ^c! fL V'^ su PP r vy Department. ac ^> ' ur mshed you by su PP re 'on of you by the Na . e a feF- Tc .Lieutenant Co mman dant F RAMCI "H f T " P W * S'kooner Grampus, *ct e ^ R * GOR *> (Extract.) " The success that has atten^ W " Rr ' EAws ' Dece ^er^ih, 1823 ' and s ,n spece are queb ' ^opportunities by vessels of w^lhlJ 3 Pl ^ 6 ' a " d ' fr m W board small merchant schoonerT jj f? ^ obh g ed to risk it on ar conveyance, by a vessel of w' ^ ? Uld ^ U est b 'ish a regu- Creased. Applications a effeauen 1 ^ mentS W Uld be great1 ^ ^ Y ' . transport specje to this pllce E^.v f^ md P ermit them hoo Ltir ' art of s month, a small most e and SSS ^ 'eie a EI?SHBf /-i \ 6 '"*' J I ' A ^J'T T 1 P 4 T^n^lP' n oy-v%T ^om. DAVJD PORTER, & c . & c . ' F ^ TT ERSON.- 334 NEW-ORLEAJTS, March 18ih, 1824. SIR : Captain Paillet, who has, for some time past, been engaged in the commerce between this port and Tabasco, in the Province of that name, where he has a trading house established, and was cap- tured in January last, by a piratical boat called on me two days ago, to communicate the circumstances attending his capture, and such information as he had obtained while in their custody. He was captured on board the American brig Harriet and Lucy, Captain Fanswart, of Hallowell, (which he had chartered,) on the 24th of January last, when close in with the entrance of the River Tabasco, by an open boat or pirogue, mounting an iron 4-pounder in the bow having a crew of sixteen athletic young men, armed with pistols and cutlasses the crew all European Spaniards. The brig was taken possession of, but the officers and crew not materi- ally maltreated. The pirates represented themselves as a part of a band consist- ing of fifty men, and, as they said, all equally strong and determined as they were, but that they were without a Captain, and urged Captain Paillet to join their association, and become their Chief, which he resolutely refused, and demanded to be put on shore with the officers and crew of the brig, which they complied with on the following day, after plundering them of every thing. Part of the brig's cargo consisted of wines, a cask of which was, during the night, hoisted on deck, broached, and each helped them- selves as they desired. The effects of the wine rendered the pi- rate* incautious, and they conversed of their affairs without dis- guise. ' In vino veritas." Captain Paillet, who is a native of this city, and understands the Spanish language perfectly, listened at- tentively to their conversation, and learned, that their associa- tion, as before stated, consisted of fifty persons ; that they cruised only in open boats or pirogues, never ventured far from land, and that their boats drew so little water, as to be at any time beached with entire safety to their crews ; their rendezvous is at the Island de Mugeres, or Mohair Key, lying off Cape Catoche, distant about five miles, to which place they take their prizes ; and from thence send their goods to iVIerida, the capital of the Province of Yucatan. The channel or passage between the Cap-e and Island, is alone used by them; the water not deep, and the anchorage secure. As evidence of their security, they mentioned having captured a brig, and after cutting away her masts, moored her in this channel, where she remained upwards of two years ; that they had not been mo- lested by any cruisers, but that the Governor of Merida had once sent a party of soldiers against them, who they had defeated. My informant, who has been known to me several years, is highly respectable, and upon whose veracity and intelligence full reliance may be placed, thinks, from what he learnt, that deposits of property, to considerable amount, is made at Mohair Key, by these pirates ; and, from his knowledge of the country, recommends, in case a force should be sent against them, that the vessels should not make the island in the day, but, if practicable, in the evening,. 335 that their approach to the island may not be discovered, then sur- prise them, and prevent their escape. The commerce between this port and Tabasco, Sical and Cam- peche, is already very valuable, and fast increasing. Information relative to these pirates, and their movements, will be given by the Governor of Sical, where it is advised to call, before proceeding to Mohair Key. The boat that captured the Harriet and Lucy, came out from the River St. Pedro, distant from Tabasco River only a few miles. I have the honour to be, with great respect, your obed't serv't, DAN'L T. PATTERSON. Com. DAVID PORTER, Comd^g U. S. Naval Forces in the West Indies and Gulf of Mexico. (Extract,) NEW-ORLEAKS, March 31 j/, 1824. u I had the pleasure to write you by the Wild Cat, Lt. Wolbert. The schooner mentioned in that letter, has made several trips to Tampico. and each time brought large sums in specie, and a small schooner lately arrived from thence with upwards of a million of dollars in gold doubloons : 'tis said a large amount is ready for ship- ping to this place, and waiting a secure conveyance much of it American property. The best interests of our country, it appears to me, are promoted by the introduction of such large amounts of specie. I wish you would detach a small vessel or two to me ; I could find employment for them beneficial to the public service." (Signed) DAN'L T. PATTERSON. Com. PORTER, &c. &c. (Extract.) NEW-ORLEANS, May 20lh 1824. *' SIR : I received, with great pleasure, your letter of the 25th ulf by Lt. Ritchie. The arrival of the Fox, to be employed between this place and Tampico, has given general satisfaction to the merchants of this city, and indeed to the whole community ; and 1 shall en- deavour to make it beneficial to you, at the same time that it proves so to the public. Lieut. Ritchie leaves this this afternoon, to join his vessel at the Balize, and will sail immediately for Tampico, should this city be, (as I much fear it will,) afflicted this summer by an epidemic. The small vessels can rendezvous at Barataria, where they can receive any supplies they may require, with- out delay, from the city, and without exposure to the disease of the city ; they can also there obtain fresh provisions in abundance. We have all been gratified by the visit of young Farragut, of whom we have formed a high opinion ; he has given us most grati- fying information of you, Airs. Porter and your family. This will, 1 presume, find you preparing for your return to the United States, as Lt. Ritchie, informs me, you will probably do in all the ensuing month. 836 Piracy is now quite down, and will want only a force in the West Indies cruising, to keep it so. 1 have not heard of any act of piracy or force since my letter to you on the subject. Should I learn of any, it shall be immediately communicated to you." Very truly, yours, &c. (Signed) DAN'L T. PATTERSON. Com. PORTER, &c. &c. (Extract.) SEA GULL, PORT RODGERS, July I9(h, 1823. I notice what you say relative to the agitations which prevail in Cuba, and have in consequence, sent the schooner Fox to cruize off Havana, and to communicate with you every day. If, in your opinion a sloop of war will be necessary to take on board the specie of our merchants, and other valuable property to transport to the United States, or to this place, for temporary secu- rity, please to give me the earliest intelligence, and one shall be sent. Lieut. Comd't Ritchie has orders to return to this place with any communication you may have to make to me. With sentiments of respect aqd esteem, your obedient servant, (Signed,) D. PORTER. Directed to Messrs. CASTILLO, BLACK, & Co. Havana. U. S. SHIP PEACOCK, Thompson's Island, April 5th, 1823;, SIR: I have received your favour of March 28, and regret extreme- ly my inability to comply with your wish at this moment in keeping a stationary force off Havana, 4n consequence of those vessels having left the station before my arrival, which I confidently expected to find here, and intended for regular convoy. 1 have been under the necessity of employing some of my small vessels to convoy from Matanzas, and so soon as some others of them arrived which are now to leeward of Cuba, 1 shall make a similar disposition with regard to Havana. This you may rest assured of, that whatever force I may have at my disposal, I shall endeavour to employ it so as to afford the most effectual protection to our trade. Hoping that your family have ere this arrived in safety, I remain with great respect, your obedient servant, (Signed,) D. PORTER. GEORGE KNIGHT, Esa. Havana. NDEVITAS, \6lh dpril, 1824. SIR : although I have not the pleasure of knowing you personally, I know well your merit and your fame. This will be handed you by Capt. Legare; he has rendered, and is rendering, services to our country, in company with his brother officers, on this unprotected coast. 337 As I know well your desires to be universally useful, I take the liberty to recommend to your attention this part of the Island. I do firmly believe, that you cannot better employ a respectable ves- sel of war in any situation, than on this coast from Sugar Key, to Orange Harbour. Our vessels trade considerably to this place, and frequently suffer by piratical boats. I wish you may find it convenient to order one of your vessels of war to this place, in about twenty days, to convoy out a schooner bound for New York. I am your obedient servant, JOHN OWEN, Commodore DAVID PORTER, Commanding U. S, Natal forces West Indies, Oulf of Mexico ftc. U. S. SHIP PEACOCK, Off Matanzas, 1&th March, 1823. SIR : By a brig bound to Havana, I embrace the opportunity to send you an extract of a letter from the Captain General of Porta Rico to me, dated the 6th inst. in reply to certain inquiries relative to the privateers fitted out from the Island, and their authority foe interrupting our commerce with the Main. The information it contains is interesting to our merchants, and I beg you to give it publicity. I am now bound into Matanzas, to wait for the boats of this ship, which, with the greater part of her crew, and some small schoon- ers, have been near a week absent among the Keys, on the South side of the Old Streights. We have examined all the Keys on the other side, and have thoroughly sounded the North sides of Porto Rico, St. Domingo, and Cuba, as far down as Cayo Confites. I have sent small vessels down the North sides .of these Islands, to examine every place where a pirate would be likely to be found, and have despatched the Shark to scour the Coast from Caraccas to La Vera Cruz. I have made the most of the force under my command, but the result of all the operations I cannot know until I arrive at Thompson's Island, where they will rendezvous. I hope to be there in a few days, and shall soon visit Cuba again. In the mean time, I beg you to write to me at Matanzas, and give me all the information you can about the pirates, and if at any time you get intelligence of them, which it is desirable I should have soon, it will be well to despatch a boat to Thompson's Island with the information, the expense of which I will cheerfully pay. I send you a letter for the Captain General, which I beg you, af- ter reading, to seal and present to him. You will perceive the necessity of a speedy reply, but I fear one cannot be had before I leave Matanzas. I shall, therefore, leave behind me a vessel to bring the answer, which you had better send under cover to one of the American merchants, (or Consul or Commercial Agent, it' there be one established there,) to deliver to the commander. By a list furnished me from the Captain General of Porto Rico, it appears that only four privateers are commissioned to cruise from. 43 338 that Island, one of which is taken by the Patriot cruizer Constitu- tion, two others are laid up at Mayaguada, and one was spoken by part of ray squadron on the South side of Porto Rico. There is one privateer from Porto Cabello called the Esperanzay which sailed from St. Johns on the 20th January last. I spoke a British squadron off St. Thomas, which afterwards went to St. Johns, consisting of a frigate and two sloops of war, being part of the force under Commodore Owings, and bound to the lee- ward station. 1 also found two British sloops of war at Cayo Confites, search- ing for pirates. They had been on that service five weeks, and ta- ken nothing. They informed me that they had burnt a house and flag staff at Key Encenachos, therefore if we should be charged with the act, I beg you to set the matter right. At St. Johns an extremely melancholy occurrence took place, by the firing of the batteries on one of my small schooners, which re- sulted in the death of her commander, Lieut. Com. Wm C. Cocke. The affair will occasion great excitement in the United States, and cannot be justified on any principle. The Captain General has endeavoured to atone for it by his regrets, but nothing short of the. punishment of the officer who gave the order to fire on my squad- ron, will or ought to satisfy the Government and people of the Uni- ted States. We enjoy unusually good health in our squadron, and I feel dis- posed to preserve it by avoiding Havana, which is the reason of my not visiting it now. Have the goodness to let me know where our vessels on this sta- tion are, and all you know about them. With great respect, I have the honour to be, your most obedient* servant, (Signed,) D. PORTER. JOHN WARNER, Esq. American Consul, Havana. U. S. SHIP PEACOCK, Tftompson's Island, April fi/A, 1823. SIR : By a small expedition under Capt. Cassin, I send you this, ;mditis likely you will often hear from me in this way hereafter. If any vessels arrive, another will leave here in a few days, and I hope hereafter, when I get organized, to afford regular convoy from Havana every Saturday morning, as I now do from Matanzas every Sunday. 1 have not much more than half the force that I calculated on, in consequence of the vessels having unexpectedly left the Coast of Cuba before my arrival. I shall do all I can with whatever force I may have, and I think I shall be able to give our trade effectual pro- tection, and at the same time keep the pirates on the look out. 1 have not yet received the letters I understood were sent to Matanzas. With great respect, your obedient servant, (Signed,) D, PORTER. JOHN WARNER, Esq. American Consul. Havana. 339 (Extract.) U. S. SHIP PEACOCK, Alltnton, April lOih, 1823. SIR : This will be handed to you by Lieut. Coin. L. Kearney, of the Grey Hound, who with four schooners is charged by me with the protection of our commerce at Havana and Matanzas. He will give convoy from Havana every Saturday, and convoy will he given from Matanzas every Sunday. It will, however, be necessary to clean the vessels soon, and we have had no opportuni- ty of doing any thing to them since they left the United States. You will be informed when this is to be done, in order that the merchants may make their arrangements accordingly. (Signed,) D. PORTER. Directed to JOHN WARNER, Esq. American Consul, Havana. SEA GULL, dllenton, June 7th, 1823. SIR : On the 1st and 15th of every month, one of the armed ves- sels under my command, will leave Havana for the United States, with convoy, and her letter bag will be left at the Counting House of Messrs. Castillo, Black & Co. Will you have the goodness to apprize the merchants of this ar- rangement, that they may avail themselves of the opportunities ? Very respectfully, your obedient servant, (Signed,) D. PORTER. JNO. MOUNTAIN, Esq. Consular Office. MATANZAS, March 29/A, 1823. SIR : We, the undersigned, representing the commercial interest of the United States, at this port, beg leave respectfully to greet you on your arrival among us. The pleasure which, as Americans, in a foreign land we should always experience in seeing the national flag of our country, waiv- ing over the head of one of her most esteemed commanders, is in this case sensibly increased, by the state of almost total abandon- ment in which we were left previous to your arrival and the con- fidence which your character inspires, in constant and complete protection in future to our suffering commerce in this quarter. From the commencement of piratical depredations in these seas, the immediate vicinity of this place seems to have been a favourite scene for their operations. The numerous, secure, and intricate harbours, above and below this place, to which they carry their prizes and plunder the absence of any Spanish naval force, at the disposal of the Governor of this place, and the very unfrequent ap- pearance of vessels of war of any nation in our harbour, has em- boldened the buccaneers to acts of audacious villiany, which would scarce be credited by persons near the scene of their perpe- tration, and accustomed to a different state of society. Vessels of the most contemptible force, and even open boats, have made cap- tures almost in the mouth of the harbour, in as fearless a manner a* 340 if their pursuits were lawful and proper ; and with a knowledge of the actual existence of a force of this kind blockading the port, we have been without the smallest means of relief and vessels have waited from ten to twenty days for convoy, and finding no prospect of obtaining any, have collected in fleets, and braved the danger some have escaped, some been fortunate enough to repel their as- sailants, and some have been captured. A day or two after an attack on the brigs Neptune, Bondoni, and Abeona, in which the pirates were repulsed, but remained still in the neighbourhood ; information was communicated to Captain Biddle, of the Macedonian, who, with the United States' brig Spark, was then at Havana, and convoy solicited for seven vessels then here ; but no answer was received, and after waiting many days, they started without one. It is now^but little less than five months, since the blood of Allen stained the waives of Seguapa since the foe was left in possession of that bay ; and we believe that to this hour it is infested by these desperadoes ; but the immense amount of % property for which it has been the receptacle, is notorious and acknowledged; yet in'all the period we h;>ve named, we are ignorant of its having been explored by any armed force, or at any attempt having been made to ferret out the pirates from this, their prin- cipal retreat. Nor has convoy been afforded, except on two occa- sions during that time. We are well aware that the limited extent of the American trade to this port, where only about two hundred and twenty vessels enter and clear annually, may not justify a large force for its protection but when we reflect, that in protecting it you cover also the commerce to Havana, Pensacola, and New Or- leans, as is proved by the fact that four out of foe of the vessels recaptured by the Alligator, were bound to the two letter ports, and were Captured very near here and that a very small force is am- ply sufficient for the purpose ; we are well assured you will grant it, and agree with us, two or three schooner.- cannot be better employed, than in guarding so important a thoroughfare. We con- ceive that two small, and one large schooner, would be sufficient to afford weekly convoy from hence, which would be as often ae necessary. And in convoying vessels outward bound from hence, those coming from the U. States would also derive the bene- fit of it. At this particular conjuncture, we beg to state that there are in port many vessels which will be ready for sea from the mid- dle to the end of the coining week, and respectfully request, that the schooners now about to proceed with the fleet, may return as soon as convenient, to take the above mentioned vessels under their protection, and continue to give convoy until it may suit your ar- rangements to send other vessels. We are the more inclined to urge this request, from the belief that the moment your vessels are out of sight, depredations will be F! commenced with increased activity and ferocity, as the numbers of the pirates have not been in any manner diminished. Leaving 'he subsequent arrangements for our protection, entirely to your 341 judgment and experience, we would add, that without any diminu- tion of attachment to our native land, we feel a lively interest in the prosperity of Cuba, and the promotion and extension of its inter* course with the United States, which is highly beneficial to both -, and to express our confidence, that through your judicious manage- ment and exertions, while the lawless, abandoned, and cruel des- peradoes who infest the coast, meet with prompt and exemplary chastiiement, the relation of amity and good will, which exists be- tween the government and better orders of the people and the United States, will be cherished and strengthened. Appreciating, in the warmest manner, the motives which prompt- ed yourself and the gallant officers of your squadron to volunteer in this service, where no laurel blooms on the brow of danger to tempt the eager aspirant to pluck it and where humanity and pat- riotism could alone have supplied the place of the more usual, but less noble excitement of desire of wealth and glory and wishing you and them every possible success, and the most ample and accep- table reward. We have the honour to be, sir, your most humble servants, LATTING, ADAMS, & STEWART, ATKINS & ALLEN, SIMPSON, TRYON, 4* Co. To Com. D. POUTER, Commanding U. S. Naval forces in the West Indies and Gulf of Mexico. U. S. SHIP PEACOCK, Matanzas y March 30/A, 1828. GENTLEMEN : I have the honour to acknowledge the receipt of your representation in behalf of the American merchants of Matan- zas, of the unprotected state of the commerce of this place, and asking for convoy for the same. It is the source of great regret to me, that my means of affording convoy should be so circumscribed as they are, having now no ves- sels on the station but those intended for the pursuit and destruction of the pirates, and are illy adapted for the purposes of convoy. You may rest assured, however, that every effort shall be made, not only to afford convoy, but to effect the other objects of my visits to these seas, and it remains for us only to redouble our exertions to make up for part of the force which will be diverted from the object for which it was originally intended. I shall, for the present, have two small schooners, the Wild Cat and the Beagle, to give convoy every Sunday morning, as far as the Double Headed Shot Keys ; and when it shall be in my power to afford better protection, it shall be done. For the flattering expression of your sentiments towards me, and the officers under my command, be pleased to accept my sincere thanks, and believe me to be, gentlemen, your very obedient hum- ble servant, (Signed) D. PORTER. To Messrs LATTING, ADAMS,& STEWART ; ATKINS & ALLEN ; SIMPSOZT, TRYON, & Co, Matamaj, 342 MATANZAS, Sept. 17th. 1923, To Lieut. Cora't F. H. GREGORY, U. S. Schooner Grampus. SIR : Understanding; that you are about to leare this station, we, the undersigned, beg leave to assure [you] of the high sense we en- tertain of the means you have adopted to protect our trade, of which we have received repeated benefits : at the same time, we feel it our duty to express our thanks to you for your promptitude in furnishing convoy, and assisting single vessels out of that Bay, in furnishing boats to tow them out when otherwise dangerous delays would have occurred in their getting to sea. We also deem it necessary that the Navy Department should be made more fully acquainted with the forces which are necessary to guard asainst any future attempt to establish piratical hordes in this vicinity. This has beeo fully exemplified by the measures which you have adopted, of remaining in port with the U. S. schooner Grampus, and keeping out small launches to scour the coast ; the result of which has completed every expectation, and cannot fail of being highly gratifying to Commodore Porter. We have no doubt that the salubrity of this port is well known to the Navy Department, and confidently hope that your success will in- duce them to adopt the same as a standing measure, while the ne- cessity of this protection continues. We should feel highly gratified, could we entertain the hope of your returning amongst us, and avail of this opportunity to assure you of our personal esteem. We remain, sir, your obedient servants, LATT1NG, ADAMS & STEWART, LAWRENCE & MITCHEL, CHARLES P. BUTLER, SIMPSON, TRYON, & Co. (Copy.) BANK OF THE UNITED STATES, JVbr. 20/A, 1823. DEAR SIR : 1 have been for some time desirous of communicating with you, previous to Com. Porter's sailing, on the subject of em- ploying some part of the West India squadron in protecting the tradp. between the U. S. and Mexico. There is now in that coun- try, according to the best information I can procure, property to the amount of about one million and a half dollars, belonging to New York, Philadelphia and Baltimore, with a prospect of an in- crease of business. Besides incurring the risk of piracy, this pro- perty is subjected to great hazard in the ports 6f Mexico itself, during its convulsions, and this danger will be much increased, should there be an effort on the part of Spain, to reconquer the country, by sending an army there. In such an event, property, which on board of merchant ships, might be seized and confiscated, would be perfectly safe in a national vessel. It would therefore be highly useful to our commerce, and very acceptable to the mer- chants, if you co'ild arrange the movements of the West India 343 squadron, in such a manner as always to keep one of the public vessels at Vera Cruz, or Alvarado, until she was relieved by ano- ther ; thus enabling our countrymen to secure their property while it remained in Mexico, and afterwards obtain the benefit of convoy. The presence of such a vessel would, besides its direct protection of American property, occasion a considerable transmission to the United States, of specie, which now finds its way to Europe, by other channels. There is another matter connected with it, which de- serves reflection. The exports of Mexico are almost exclusively specie and cochineal. Now cochineal is nearly as valuable, in pro- portion to its bulk, as specie : it occupies comparatively very lit- tle space, and is as good, if not a better remittance, owing to its high price in Europe. If our ships were allowed to receive this article as well as specie, it wouW be of great importance ; and the indulgence might, perhaps, be fairly allowed, under the peculiar circumstances of our trade with Mexico. This subject has excited considerable interest, and there is a dis- position to present a memorial to the Government ; but on your account, 1 should prefer, in case you approve the measure, that it came spontaneously from yourself. The interest which the Bank of the United States has, in com- mon with the country at large, in giving every facility to the intro- duction of a sound currency, will explain, and I trust excuse, the freedom with which I venture to submit these remarks for your consideration. I have the honour to be, very respectfully, yours, N. BIDDLE, President. Hon. SAM'J, L. SOUTHARD, Secretary of the Jfaty, Washington. I certify the above to be a true copy of the original on file in the Navy Department. CHAS. HAY, Chief Clerk. NAVY DKrAUTMEST; May\\th, 1825. NEW YORK, August 13th, 182*. Mr DEAR SIR: Your esteemed favour of the 10th reached me this morning, and I shall ascertain to day if the Spark will be in time for my purposes. I can assure you that my regret at the pub- lication of the Matanzas petition was quite equal to your own ; but tny indignation was excited by the official or ostensibly official com- munication which accompanied it. The act of the clerk in the Counting, without a shadow of authority, and contrary to my orders; I immediately notified the editors of the paper of that fact ; and seeing reference again made to it, in a wretched compound of folly and falsehood, published in the Democratic press, I yesterday ad- dressed a few lines to the editors of the American, which you will .see in that paper of to-day. 'Tis wonderful that editors of papers should become dupes of such miserable retailers of lies as the writer of " the spj " " pero no hay remedio. " 344 I shall be intiuitely glad to see yon here, I am at 16, Broad- way, but will not fail to look out For you, and am, with the utmost sincerity, dear sir, your most obedient servant, F. ADAMS. MATANZAS, Dec. iBlh, 182*. My DEAR SIR : I learned with much satisfaction from your favour of the 15th inst. your ai rival in our neighbourhood, and shall anti- cipate the pleasure of a visit from you here at as early a period as your arrangements will permit. On the subject of piracies, as much iknown, and much more said, in the United States than here. In the early part of summer, the John, of Newport, and Castor, of Portland, were captured near, and bound here the former arrived here with some trifling loss of property, and the [latter] at Havana. No lives were lost in either case. The Mercator was said to be captured between this and Havana, from New-York, bound to that place. No subsequent tidings have been received of her, and a passenger, a Spaniard, who escaped, appears to be the authority on which the capture was reported. The transaction at Bahia Honda comes next in order of date, and beyond the re-capture made by the Icavas, Capt. Graham. I have seen no evidence whatever of their having been other captures recently made there. I expect soon to see Capt. Graham, with whom I am acquainted, and shall procure from him correct information on the subject. The last in- stance of piracy of which we have any accounts, was the capture of the Laura Ann, of New-York, near Cannise, a few leagues to leeward of this port, surpassing in atrocity any thing I have known before. The Hornet had been some days in Havana ; the Porpoise was there also, but just arrived from Africa ; the Ferret had left there but a day or two before, when this vessel was taken, about the 21st Oct. Capt. Skinner arrived hereabout the 23d, and without particular duty to act on, sent secretly an expedition of boats to Seguapa ; on their return they encountered and captured the pi- ratical schooner Ann, the clothes of Capt. Shaw, and much other plunder, which were brought in here. After Capt. S. had sailed, u sailor, in a wretched condition was brought to me, who detailed the capture f the Laura Ann, the murder of the captain and crew, him- self excepted, and his escape. The Ferret arriving next day, he was put on board, and Escondido, Cannise, and the adjacent coast searched by Capt. Bell. The long boat, and some half burnt spars and sails were found, and a man, recognized by the sailor, who was seized, brought here, and delivered to the authorities, where the business seems to have ended. The unceasing vigilance which has since been exerted by the different vessels, with their boats, along the whole coast, seems to render an act of piracy almost an impossibili- ty at present. Some vessel of war is always here, and convoy given whenever desired, and boats almost always outride, above and below us. I am aware that censure has been cast on you, on account of recent depredations of the pirates, but those who know the advan- 34o tages they have in changing their position, and assailing vessels pas- sing down the coast, in despite of the vicinity of men of war, the facts I have stated with regard to the Laura Ann, prove that nothing short of a siring of vessels round the Island, in hail of each other, an prevent the plundering of altogether unarmed vessels. A very small armament would suffice for defence against small boats, and our naval force is sufficient protection against those of larger class. The Laura Ann had no arms shame to her owners. The licens- ed pirates, or vessels armed, manned, and commanded by citizens of the United States, such as the Eagle, Polly Hampton, Columbian, &c. are only less annoying to an honest commerce than the mur- derers of Shaw. We are now near two weeks without an arrival from the middle states, and have consequently few or no papers. I send all 1 can lay my hands on. It appears quite probable that the Hero of New-Or- leans trill be made President of the United States by the people; to us who have not been on the spot to observe any of the operations of electioneering this sudden reeving round of the breeze of pop- alar favour seems incomprehensible. I shall attend to your little commission, and am, my dear sir, with the highest regard and esteem, your most obedient servant, F. ADAMS. SEA GULL, AUtnlon, June 7th, 1823. SIR : In consequence of the necessity for looking out for pi- frates on the south side, and the consequent dispersion of my forces, I shall not at present be able to give convoy so regular as I have done, but still I shall give it often and regular enough to protect our commerce. When some of the large vessels arrive that I daily expect, convoy shall be established as usual. I give this information to prevent any disappointment on the part of the merchants and others, and I beg you to assure them their in- terests shall not be neglected. With great respect, your obedient servant, (Signed,) D. PORTER. F. ADAMS, Esq. U. S. SHIP JOHBT ADAMS, Thompion's Island, Dec. 15//t, 1824. MY DEAR SIR : I arrived here a few days since, and should have been over to see you, but for the daily expectation of two vessels from the United States, which will require, on their arrival, my im- mediate attention, after which I shall be under the necessity of go- ing to Pensacola and Tampa Bay. I shall be with you about the middle of next month, and hope to find you in the enjoyment of health. As there have been various and alarming accounts of piracies committed since last June, I will thank you to give me a statement X>f the captures known to have been made. It has been stated tfeat 44 346 the British discovered near Bahia Honda, the wrecks of twelve vessels lately destroyed Do you know any thing of that affair ? Are not those the wrecks of twelve sail of English vessels which were cut off a convoy about six or eight months before I first cam e to suppress piracy ? It is very desirable to get correct information on this subject, a 8 the account is generally believed, and has brought great censure on me and others Please to send me papers of any date since I left the United States, for we are entirely out of news for upwards of six weeks. With sincere respect, your obedient servant, (Signed,) D. PORTER. F, ADAMS, Esq. Maianzas. TRINIDAD DE CUBA, January 2.6th, 1823. DAVID PORTER, Esq. Commodore of the American Squadron, on the Coast of Cuba, Sec, SIR : Feeling it a duty 1 owe to my countrymen engaged in trade to this side of the Island, to address you on the subject of their pro- tection, I take that liberty knowing that all the aid in your power, you will cheerfully grant. This port has, for some time past, been infested with a small force of pirates, who have captured a number of vessels ; and on the 20th instant, the brig Mechanic of New York, bound in. They now hold the Captain and two passengers as hos- tages, for the ransom of that vessel, in the sum of 3000 dollars , and have declared, that unless the money is immediately sent to them, the hostages shall be put to death. Preparation is making to forward the amount, as there are no other means to rescue these unfortunate men. Their force will no doubt increase in proportion to their success, and the facility with which they have gained the amount of the ransom for the brig Mechanic, will induce a number of ill disposed idlers to join them. Several valuable vessels are daily expected from Europe, and if no force is used to extirpate them, the loss of property will be considerable. I have the honour to be, sir, your most obedient servant, ROBERT R. STEWART. P. S. The hostages have just arrived, and say that the pirates have received the 3000 dollars. To the Commander of the Jfaval forces of the United States, itationed at vr in the vicinity of Havana, Island of Cuba. The undersigned, citizens of the United States, resident mer- chants, and shipmasters, in Trinidad de Cuba, respectfully repre- sent, that this port is at present infested by a horde of pirates, who rendezvous among the numerous keys, in the immediate vicinity. That the brig Mechanic, of New York, was captured on the 20th instant, by twelve of these wretches, in an open boat, within two leagues of the harbour ; that, after plundering the vessel, and rob- bing the crew of their bedding and clothing, they abandoned the 347 brig, detained the Captain, Second Mate, and Cooper, demanding e ransom of 3000 dollars threatening them with death, unless the ransom should be sent immediately after the arrival of the ves- sel in port. That a brig and schooner are now in the offiing, both of which must fall a~prey-to the marauders That there are no means in our power, of affording them any assistance That there are at present in port, ten American vessels, and nearly that num- ber daily expected, with valuable cargoes. We therefore, beg leave to solicit your attention, to the exposed situation of the Ameri- can commerce, in this quarter, and pray that your aid and assistance may be extended for its protection. We have no doubt that the appearance of a single armed vessel, would suppress these depre- dations. TRINIDAD DE CUBA, 25lh January, 1823. BENJ. EDDY, of brig Jacob. MATHEW RICE, Ship Jane. FOLDEN DEARTH, Brig John Smith, Bristol, R. I. JAMES TATE, Jun. Schr. Louisa. \VM. C. TILDEN, Schr. Lucy, Baltimore. THOMAS WOODBURY, Scbr. Florida. JACOB WING, Brig Pilot. SAML. SPARLING, Schr. Cashier. TATE & GRONING, LOM'S PRICE. BABAD & CORNEILLE. U. S. GALLIOT SEA GULL, Matansas, April 16/A, 1823. GENTLEMBN : 1 received your application for convoy yesterday, and had previously sent two schooners and two barges to the vici- nity of Trinidada. The whole number of men at present under my command, do not amount to the number on board one of our large frigates ; and with force I have endeavoured to give convoy to merchant vessels from this place and Havana, and at the same time pursue the pi- rates ; consequently, I have not been able to give a convoy to those on the south side of the Island. The weakness of my force arises from the circumstance of some of our larger vessels of war, which I expected to have found here, having left these seas ; but why they have done so, is unknown to me. Hereafter, I hope to be possessed of better means, and to have it in my power to gratify your wishes at an early period. I have the honour to be, gentlemen, your obedient servant, (Signed) D. PORTER, Commanding U. S. Naval forces in the West Indies and Gulf of Mexico, To the American Merchants and Shipmasters at Trinidad de Cuba. (Extract.) U. S. SHIP JOHN ADAMS, Thompson's Island, December 15th, 1824. As there have been various reports of captures by pirates, some no doubt greatly exaggerated, will you give me as nearly as yon 348 I Cau, an account of all captures known positively to have been made, both for my own satisfaction, and the satisfaction of the govern- ment ? As these accounts have brought censure on me and others concerned in the suppression of piracy are not the twelve wrecks of vessels discovered by the British to leeward of Babia Honda, the same that were cut out of an English convoy about six or eight months before I first came out to take command ? It is very desirable that correct information be had on this sub- ject. With sincere esteem, your obedient servant, (Signed) D. PORTER. VINCENT GRAT, Esq. Havana. U. S. SHIP JOHN ADAMS, Thompson's Island, January I5lh, 1825. SIR : I have received your letter of this date, applying for convoy for the schooner Leo, of which you are Supercargo, to the port of Alvarado ; and I regret to inform you that it is not in my power to give the convoy required. We have now in the neighbourhood of Alvarado, for the protec- tion of our commerce in the Gulf of Mexico, two schooners and the present scattered state of the squadron under my command,, prevents my sending any more to that quarter. Very respectfully, your obedient servant, (Signed) D. PORTER. Mr. C. WEIHBRENNER, Thompson's Island. Miscellaneous Orders to, and Correspondence between, different Officers. U. 9. STEAM GALLIOT SEA GULL, May 4th, 1824. SIR: I have sent home the. ship Decoy for stores, and the schoo- ner Gray Hound for repairs and to be coppered. The enclosed list will inform you of our wants, which I will thank you to cause to be supplied with all possible despatch, in order that the ship may return to the station where the stores are much re- quired. 1 will thank you, also, to cause the Grey Hound to be fur- nished with two chain cables, and to despatch her as soon as possible. Very respectfully, your obedient servant, (Signed) D. PORTER. Captain S. EVANS, JVetc York. U. S. SHIP JOHN ADAMS, Thompsons Island, Jan'y 28/A, 1825. SIR : Having received orders from the Hon. Secretary of Navy to repair to Washington, and on my leaving the station to deliver the command to you, with all such papers, instructions, and information as may be useful to enable you in the most effectual manner to ac- complish all the objects for which the vessels under my command were placed here, I have now the honour to send you the Gene- 34'J ^O e rderboo t of,b e . tatioDjBhicl)(Jeta . l8ihe hands out, with such other ,n ormation ' 1 S " aS the > c ^e . ring my continuance here hSSd hi h J * U * eful to * ou ' time to time, on all subipn, ^ , appy to '"formyo Capt. L. WAHHWGTO^, K S. ff n D ' P HTER. : U*. unexecuted are those, copies $?******* whlcb remain of he ree mom hs, f rom rhe 22d D ec j?" "^ of Cuba, for ^t A , nt ^ 10; bri S S Park, Newton $'*?* Cape Cruz and er bhark, Gallagher, under orders to n 2?' ^epa.rmg ; 8c hoon. return to this place /schooner G rampu P 3 Si ?t ?' T h maS ' and to P/att, ordered to cru.se about S^ Tif ' n' and sch ooner Beagle ally to run over to the maT the B^,' P ? Rlco ' and **' schooner Porpoise Skinnl 1 u , Bea g Ie ' ordered to the FJ S- cruising si* *j^'^*' *wo. ^& he United States, should she have on h ^ V3na ' and lhence ^ there otherw JSe she to repai? to thl ? ^' 000 o be landed Sea Gull Steam Galliot?K ev " pJw ? ; ber rd ersare dated schooner Ferret, BeJl barU Jr ' schooner Terrier, Payne tion of our comm'erce in &BSj! J^T" f r the *b! of Bahama; whponer WeazeritiZ^'i^ 1 " ^ M Strait States, specie, considerably out of re 7air' n , her M wa > r to ^e United schooner Fox, Cook, expected dail v^ K a "" V bMy ** S Jd ' Pensacola and Tampa Bay bar^l n K , pafty for th esuryey of cruise among the ck^X^*J* W^?.. Deco M a da cruise among the Decoy Mix, expected daily from lhe 8hed> ne " b of Captain I, WAR RWGTOW . ( Sl S ned ) D. PORTER. 350 Extract from letter. BALTIMORE, Dtcember 21, 1822. " Steam boat and small vessels, will each carry six weeks provisions and stores, and that the store ship will carry a supply for six months, which quantities you will please to provide." (Signed,) D. PORTER. Directed to F. A. THOKMTOS, Esq. Purser. WASHINGTON, WthJuly, 1824. MY DEAR SIR : On calling at the navy office to day, I received the enclosed copy of a petition from Matanzas ; by this time the Terrier must have completed her service on the coast of Florida, and is present in the absence of the Ferret, to afford the protection asked for; but in the event of its being otherwise, the Wild Cat will arrive in goo 1 season. Lieut. Zantzinger arrived to day, he is desirous of relinquishing command ; I will indulge him with leave of absence, and direct Lieut. Boarman to supercede him and proceed to sea. I learn from Lieut. Zantzinger, that the Ferret had gone to New Providence, and of course may be expected home. The New-York papers report the arrival of the Grampus, but give no particular details of her cruise since she left us ; a letter received by the Secretary from Lieut. Sloat, refers to you for par- ticulars. Lieut. Newton states to the Department that the Spark requires coppering, and that the gun slides ought to be surveyed ; as the Secretary appears to be particularly anxious to keep the vessels at sea, I should hope that the contemplated repairs are not of such magnitude, but that they may be deferred until the fall, and as she is in quarantine, an additional delay will attend effecting her outfits. If her condition will authorize it, would it not be well to order her to provision and proceed from quarantine on a shorter cruise than may originally have been contemplated to you. With respect, I am your obedient servant. W. B. FINCH. Com're D. PORTER, Commanding &c. &c. WASHINGTON, July 20th, 1824. My DEAR SIR : I transmit to you advices from the Island, re- ceived to-day by Lieut. Oellers, who left the Ferret off Indian Head. She will get up to the yard, I expect, in the course of the afternoon, and I will put in train any repairs she may want. I am pleased with the general tenor of the reports, and have ap- prised the Secretary of it ; and, for his more ready informatioi will condense the subject into one view. A letter has been received to-day from Lieut. Gallagher, advising the Secretary that the Shark is moved to the North River, and, of course, ready for sea. On reference to Mr. Barron, I learn that no sailing orders appear to have been prepared for her. 351 . tune, joined the ship - are those or Lieu , bu , ky cammunica . as I cannot, in all respect a n on T^ 8 ar ! Various ' and uch of giving replies in SST.S; J!^ ^^ wiU not ad ' enable me to do it. *+l from ^u will . . more at ease, having all tran^clL ' y U Wl11 ne cessarily be exh.bited to 'your o^i ec ^n Jn^hT "* With ? ur C mmand ec n nh possession/and acting under orders t^T^ f th Se havin S yourself. rs "nmediately emanating from With respect, I am your obedient servant, W B FINCH Cora. D. PORTER, Comd'g, #c. etc. Sec. (Copy.) ck report accompanies this Al ^ UDUSUally S od ' ** the Commander inChTef as JJdi ^.^P^^nts directed by and individual comfort, are piSnr n T ^ PnWiC PUrp SeS and their completion, to the eften 'i" the order contemplated, Jf >led. Plants, of various kfnds in h tended k ' ma r ver y early be from so as to admit 352 to guard against the recurrence of the malady, similar to that which visited it last year. The season has been dry, the winds refreshing and variable, and the range of the thermometer from 95 to 98. Acting Lieut. Farragut, commanding the Ferret, reports, that, while at Nassau, about the 10th inst. one of his crew, of the name of James Fredenburg, stated himself to be a deserter from H. B. Majesty's ship Pandorn ; and that, in consequence, he gave him over to Captain Du Maigue, commanding H. B. MaJsty's ship Kan- garoo. The grounds on which Lieut. Farragut acled, are, that it was repugnant to our regulations to have a foreigner in our service; and, as a requital for a similar act of courtesy, on the part ofCapt. Du Maigue, who had, not long before, returned to the W Cat, Lt. Legare, a deserter from one of the W. India squadron ; as Lieut. Farragut has been governed in this transaction by a regard to reci- procity, and not constrained thereto by any act of the British offi- cer, 1 indulge the expectation, that you will approve of his pro- ceedings. Lieut. Comdt. Mclntosh, under date of the 2d inst. gives a detail- ed report of his cruise in the Terrier, along the coast of East Flo- rida, from Cape Sable to Carlos Harbour, in search of a reported smuggling or piratical establishment, not known to us before precisely, but which he has discovered to be situated on a Key called Punta Rosa, bearing N. by W. 1-2 W. from the S. E. end of Sauybe Island. The number of inhabitants, Spaniards, are not ascertained with precision, but cannot be many, as there are but five thatched houses on the Key, which is under the culture of corn, pompions, and melons. They are occupied in fishing prin- cipally, and have licenses from Cuba to trade therewith. They rely upon the protection of our troops at Tampa Bay, regard them- selves as belonging to the territory, and feel secure in their avo- cation. Lest, however, they might become lawless, Lieut. Mcln- tosh removed to Thompson's Island two small carriage guns, which were alleged to have been kept to intimidate the Indians, who had committed some outrages on them. The place is now so particu- larly identified, that occasional visits from the Revenue Cutter will effectually guard against the illicit introduction of goods, &c. into Florida. Lieut. Sloat, commanding the Grampus, reports, under date of the 17th inst. from N. York, that, between the dates of the 4th and 27th, that he had visited the ports of Campeachy, Alvarado, and [Tampico,] in accordance with orders ; that rumours prevailed of a piratical vessel being near Campeachy, for which he made dili- gent search fruitlessly. The schooner Jackall was at Tampico, about the 20th, and the John Adams near Vera Cruz on the 21st j- so that you will perceive all the protection is afforded in the Bay. of Mexico, contemplated in your letter of the 20th inst. Lieut. Mclntosb, who puperceded Lieut. Oellers in command at Thompson's Island, writes, under date of the 4th of July, that an American brig was stated to have been captured by a piratical boat. 353 hear Matanzas, and carried into port Escondido ; that he had an ac- curate description of the boat, and had despatched a barge, togethef with the Terrier, to effect her rescue. I am encouraged to hope that his efforts may meet with success. In addition to the protection already afforded to the commerce of Matanzas, you may calculate on the services of the Wild Cat, which sailed on Saturday last ; so that this demand on the Department is answered. The force at present in the Bay of Mexico, it is hoped, will suc- ceed in taking or driving away the marauders, stated by the paper to infest it ; the almost simultaneous return of several vessels of the W. I. squadron to the U. States, it is desirable to guard against ; and their cruises have been arranged with the view to that object, and the keeping of a sufficient force at all times about Cuba, and in the Bay of Mexico. On the 15th of July, the schooner Fox had sailed from Tampico for New Orleans, so that, at every practicable point, some of ouf vessels are seen. I cannot but congratulate you on the general good health enjoyed by the respective crews ; some symptoms of fever have manifested themselves, and some deaths have occurred : this must be expect- ed. Exemption from disease cannot be calculated upon, though I am convinced, by reports from the relative officers, that every re- gard is paid to health, cleanliness and comfort. With respect, 1 have the honour to be, (Signed) W. B. FINCH, Captain of the Squadron. DEAR SIR : Captain Finch desired me to enclose to you the above copy of a letter, which was handed in to the Secretary of the Navy this morning. It was Captain Finch's intention to have placed it within the other enclosures, which were directed and sent to you this day, but the want of time prevented him from doing so. I had the pleasure of seeing Mrs. P. to day, who informed me that herself, and the other members of your family, were all well. With the utmost respect, I am, Sir, your obedient servant, T. BARRON. Com. D. PORTER. WASHINGTON, th August, 1824. SIR : I have the honour to report the present state of the ves- sels of your squadron now in part, to be as follows : The John Adams, at Philadelphia, requires that her rudder should be unshipped for examination, about the pintles and gud- geons, and may need other overhauling. The period of service of fifty of her crew has expired, who have applied for their discharge. The Grampus, at New York, is in readiness for sea. The Spark, in quarantine at New York, will want repairs and ojficers. 45 354 The Beagle, ateo in quarantine at New York, will want a com* tnander, and some overhauling. The Sea (jiull is ready for service. The Ferret, ready for service, requires a commander and some men, the latter to be furnished from the Jackall. The Jackall, at Washington, requiring considerable repairs and Outfits ; the Department has decided to sell her. Orders have been issued by the Department to Lieuts. Mix and Platt, to report for service, and also to several midshipmen, to sup- ply vacancies. The Hornet, Decoy, Shark, Wild Cat and Weazel, have recently sailed on their respective cruizes. Lieuts. Dale and Bell are applicants for commands. With respect, I have the honour to be, your obedient servant, W. B. FINCH, Capt. of Squadron Com. D. PORTER, Commander in Chief, Arc. &c. WASHINC.TOW, I6th September, 1824. MY DEAR SIR : By letters received from New York, within u day or two, I find that nothing is yet doing with the Spark and Bea- gle, as they are not expected to be released from Quarantine and admitted to the Navy Yard, for some time. Lieut. Platt has before this, assumed command of the latter vessel. I have addressed u written request to the Department, that the necessary instruction? may be given to the Commandant of the Yard, for their re-equip- ment, as soon as the present restrictions are rescinded. Orders were yesterday issued for fhe shipping of a crew for the Constellation, and 1 suggested to Commodore Rodgers nd Mr, Hay, the propriety of your being officially informed that she is in- tended for your command. Neither of them, however, can do it, tho' the Commodore says such is the fact, and that I might so assure you ; however, on this assurance, I am aware that you will feel a delicacy in expressing to the officer commanding at New York, any wishes as to the style and character of her equipment. In the course of a week or ten days, the Secretary will be here, when I suppose you will by him be advised of the appointment of the Con- stellation as the flag of your squadron. As the crew will be rapidly enlisted, probably it would be well that Mr. Thornton should be early ordered, that he may have the more time to arrange his books, &,c. and be present at New York, as the recruits may arrive. 1 have already received four applications for acting Lieutenants to join the Frigate. McKeever's vessel is quite ready, with the. exception of a medi- cal officer. Hay says that I shall have one for her. McKeevex some time ago expressed to me a sense of favour by being ordered to the command of the Gull, but at the same time signified that it would be preferable to him to he in some situation nearer your person ; for instance, flag Lieutenant, or any other designation you 655 wight give to him. He is an intelligent, efficient, and genteel offi- cer, and I think you might find him, in a variety of ways, useful to you, if immediately under your eye aud within reach. Accounts from Norfolk state, that Capt. Sinclair's life is de- spaired of, in consequence of another paralitic stroke, and poor Farragutt's wife in a critical state from a violent bilious attack. I shall wish to leave the city for some days about the 22d inst. There is but little business claiming my attention, and you may ar- rive by that time. Commodore Rodger? seems still disposed to get rid of the Jackal!. I explained the cause of her being yet at this Yard. Your frieuds here are quite anxious about your health ; I am daily asked if you get better, and am mortified in having to say that I have not heard from you since you represented your case as a source of considerable uneasiness to yourself. The city is excessively dull, but very healthy. 1 hope that your family are generally well : please offer my respects. With great regard, your obliged servant, W. B. FINCH. P. S. I should like to relieve Midshipmen Smith and Browning ef the Sea Gull, and attach them to the Adams, for greater improve- ment their places to be supplied by two strangers, who have re- ported ; but Dallas says he does not want more than he already has^ I suppose Rapalje will go out with him as acting Surgeon. I wish also to detach young Brent, and with your permission, to put him io the frigate. The only objection to him is, a want of self confidence ; as he grows older, that will follow. I'll however write to Dallas. U. S. Bftio PORPOISE, off Havana, 7tk Dec. 1823. SIR : You are hereby directed to sail from Havana on Sunday morning, next, the 8th inst. with such vessels as may require your convoy, and afford them protection as far as the Double Headed Shot Keys ; you will then proceed to New York with the specie you may have on board belonging to American merchants, and re<- port your arrival there to the Hon. Secretary of the Navy. I am sir, respectfully, your obedient servant, JAMES'KAMAGE-. Lieut. Comd't JOHN P. ZANTZINGER, U, S. Schooner fJ'eazcl. ALLENTON, THOMPSON'S ISLAND, 20//t February, 1824. SIR : You will proceed with the U. S. schooner Fox under your command, to cruize from the Colorados to Havana, and to such other places on the north side of Cuba, as may be deemed necessa- ry, from the information you may receive, to afford the best protec- tion to commerce, and suppress piracy. You will be governed by the " general instructions " from Com : modore Porter, and when supplies of any kind are required, you return here for them. Respectfully, your obedient servant, J. WILKINSON. Cieut. Comd't JOHN T. RITCHIE, U. S. Schooner Fox. 356 U. S. BRIG SPARK, Sacrifitios, Apiil 30//t, 1824. SIR : You will proceed, without delay, with the U. S. schooner Wenzel, to Tampico, and there give protection to our commerce ; should there beany specie destined for the U. States, or the Havana, the property of American citizens, you will receive on board such sums as may be presented. The premium for specie to Havana, you uill take as your guide the British rule, which does not exceed one & half per cent ; treasures for the U. States, commands two per cent ; as soon as you have received on board such sums as may be offered, you will as speedily as possible rejoin me at this place. I am, with great respect and esteem, yours &c. JOHN T. NEWTON. Capt. JOH P. ZANT3UVGER, U. S. Navy. U. S. BARGE GWAT, Malanzas, Sept. 4lh, 1823. SIR : I have the honour to inform you that, in obedience to your orders of the 19th July, I left the Grampus, in company with the cutter under Mr. Sanderson. In the prosecution of those orders, I have examined the different keys, bay*, inlets, rivers, and harbours of Cuba, both inside and outside, the main keys, as far to windward as Guanaha, and with regret am compelled to state that I have beea unsuccessful in the capture of any pirates. On the 6th of August, 1 wa joined by the Midge, Lt. Platt, at Sagua la Grande, and the next day was compelled to leave that officer, and three seamen, with the cutter, at Cayo Christo, in consequence of sickness ; and to trans- fer Mr Sanderson to the Midge. On the 16th we got through Canal Canoe, having been 6 days beating up from St. Juan de los Remedios, destitute of provisions, and without a pilot. On getting into Guanaha bay, I discovered a few small huts on Cayo Romano, and beat up as near to them as the channel would admit of, and came to. I di- rected Midshipman Hunter to take an interpreter with him, and proceed to the houses in quest of provisions and a pilot. On landing, he was met by two men whom he addressed, telling them his busi- ness, and that he was an American. Thinking that they were fish- ermen, and that they were afraid of him in consequence of his being armed, he laid his arms on the beach, and directed the interpreter to do so also. Notwithstanding this, they continued to retreat to- wards the houses, and Mr. Hunter to follow them, until on arriving near the houses, a party of ten or twelve men rushed upon them. and attempted to seize them. Mr. Hunter was captured, but the interpreter succeeded in effecting his escape to the boats amid a volley of musketry, with no other injury than a slight wound. Im- mediately on receiving this intelligence, I landed with a portion of the crews of both boats, and proceeded to the houses, but the pi- rates had fled, with the exception of three or four, at whom son.e f our men got a few shots, bat with no other effect, than compelling one of them to drop his loud, consisting of liquors, preserved fruits&c, Tt being late in the evening when we arrived t the huts, and our 3.07 358 i3 not founded on fact. On the 3rd inst. I arrived here, without hav- ing met with any disaster, and the officers and crews of all the boats in good health. Owing the whole of this long" and arduous cruise, I am happy to state that I received every support from the officers and men attached to the expedition. Their fortitude, and even cheerfulness under the numerous privations and sufferings incident to a cruise in open boats, at this season of the year, was almost without a parallel ; and justly entitles them to the gratitude of their country. I have the honour to be, sir, very respectfully, your obt. serv't, THOMAS W. FREELONS/L;. 17. 5. Navy. Lieot. Comd't FRANCIS IL GREGORY, U. S. Schooner Grampus, MINUTES OF THK PROCEEDINGS OF A GENERAL COURT MARTIAL. IW THE CASE OF CAPTAIN DAVID PORTER. MINUTES of the proceedings of a General Court Martial, convened at the Navy Yard, in the Citj' of Washington, in the District of Co- lumbia, on Thursday, the seventh day of July, in the year of our Lord, one thousand eight hundred and twenty five ; by virtue of a precept from the honourable the Secretary of the Navy, dated the twenty- third day of June, in the same year, hereunto annexed, and marked (A.) PRESENT, Captain JAMES BARRON, President. Captains Thomas Tingey t James Biddle, Charles G. Ridgeley, Robert T. Spence, John Dorvnes, John D. Henley, Capt's. Jesse D. Elliott, James Renshaw, Thomas firoa-n, Chs. C. B. Thompson, Jllex. S. WadsTxorth % And George W. Rodgers. And RICHARD S. COXE, Judge Advocate. Captain David Porter appeared, to answer the charges that had been exhibited against him. He was asked by the Judge Advocate, whether he had aay objections to make to any of the members of the Court. The accused, by leave of the Court, presented the paper marked (B), which he read and which is annexed to the record ; where- upon, the Court was cleared, and after mature consideration, one of the members proposed the following question : Shall the question, whether the Judge Advocate be subject to challenge, be referred to the Attorney General, through the Secre- tary of the Navy ? Which was determined in the negative. Th was then, on motion, proposed to the Court. 360 Is the Judge Advocate liable to be challenged by the accused/ One of the members of the Court, said, that he did not feel him- self competent to decide tne question, without legal advice. At his request, the Judge Advocate was called upon by the Court, for his opinion, which he gave as follows : " Commodore Porter having taken an exception to my acting as Judge Advocate of the Court, and the Court having intimated a wish that 1 should give my opinion upon the question, whether a chal- lenge or exception may be taken by the accused to the Judge Ad- vocate ? I am of opinion, that the appointment of the Judge Advo- cate, rests with the Government ; and that he holds his office by the same authority which appoints the Court and that neither has the accused a right to make any exception before the Court, nor has the Court a right to decide upon any exception to the Judge Advocate. That no precedent of such challenge having ever been made, has been, or it is believed can be produced." After reading this opinion, the question was put, and decided in the negative ; whereupon, the Court was opened, and the foregoing proceedings announced. The oath prescribed by the law in such case, was then adminis- tered by the Judge Advocate to the President and Members of the Court. And the oath prescribed to be taken by the Judge Advo- cate, was administered to him by the President. The charges and specifications were read by the Judge Advocate, annexed to the record, and marked (C), and Captain Porter was asked whether he was guilty or not guilty. Captain Porter request- ed permission to postpone, 'till to-morrow morning, pleading to the same, and at the same time requested permission of the Court to have counsel present in Court to aid him to have a clerk to take minutes of the evidence, and also that he might be furnished with a copy of the charges and specifications as read by the Judge Advo- cate. To all the?e propositions the Court acceded ; it being un- derstood that the counsel of Captain Porter will be subject to the same restrictions as are usually adopted in Courts Martials. Cap- tain Porter mentioned Walter Jones, Esquire* as the counsel whose presence he desired. The Court adjourned 'till 10 o'clock, to-morrow morning. FRIDAY, JULY STH. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, and the Judge Advocate. A letter was received from the Secretary of the Navy, which was read, annexed to the record, and marked (D), whereupon the Court adjourned, to meet at the Marine Barracks, in the City of Washington. The Court being opened pursuant to the adjournment : present as before, and Captain Porter, the minutes of the proceedings of yesterday were read. 361 Captain Porter was then called upon to plead to the charges ;- he requested, by way of plea, that he might be permitted to read by his counsel, and submit to the Court, a paper containing remarks upon the charges. This being done, the paper, with the letter ad- dressed to the accused by the Secretary of the Navy, therein re- ferred to, covering a copy of the charges, and the copy of the char- ges furnished to him, were annexed to the record, and marked E. F. and G. The Judge Advocate stated to the Court that, as the exception therein pointed out by Commodore Porter had been waived by the accused, he should proceed with the case upon the charges, as read before the Court yesterday ; that the variation between the two papers which had been pointed out, was, that a letter referred to in the one, as dated the thirteenth day of April, was, in the other, by a mistake of the copying clerk, dated the thirtieth. Alexander J. Dallas, a Master Commandant in the Navy of the United States, being duly sworn, according to law, (and the other witnesses having been directed to withdraw,) deposes and says : - I commanded the John Adams, bearing the pendant of Commo- dore Porter. We arrived some time in November last at St. Tho- mas, in the island of that name. In the afternoon of the same day, Lieutenant Platt, in company with Mr. Cabot, an American gentle- man, residing at St. Thomas, and as I understood officiating as Com- mercial Agent for the United States, came on board the vessel. They mentioned to Commodore Porter that Lieutenant Platt, on a visit to Faxaido, had been very harshly treated by the authorities there. The Commodore, on receiving this information, determined to visit the place, and obtain an apology from those who had ill treated Lieutenant Platt. I was directed the following day to get under weigh with the John. Adams, the Grampus and Beagle being in company, and proceed to as near Faxardo as we could get. The wind proving light, and the pilot being of opinion that the draught of water of the John Adams was too great to permit an approach near the beach, the Commodore directed me to anchor under one of the Passage is- lands; to get out all my boats, and to prepare an hundred and odd men for the expedition. These preparations taking so much time as to make it late in the afternoon, I was directed to be ready by one or two in the morning, to go on board the Grampus, which vessel would take the boats in tow. I did so, and we got under weigh in the schooner, and arrived the next morning about eight or nine o'clock, in the harbour of Faxardo. On our arrival there, we were directed to prepare the boats for landing. Immediately af- ter landing, a battery was observed on the hill, at which there was a number of men, who, to all appearance, intended firing at us. The Commodore directed one of the boats to proceed and dislodge the men at the battery, and to spike the guns. We then landed, and, after forming the men on the beach, Lieutenant Crabb, with a portion of the marines, was directed to advance on the road leadiog 46 362 to the town of Faxardo, and to take a position there. Lieutenant Stribling was despatched with a flag of truce and a letter from Commodore Porter to the Alcalde of the town. Shortly after Mr. Stribling left us, we marched towards the town, leaving a guard of marines, under Lieutenant Barton, to take care of the boats. We marched to within from twenty to forty yards of where the marines under Lieutenant Crabbe were, where we halted to wait the return of Lieutenant Strihling. During our march, we fell in with a bat- tery of two guns, which we also spiked. After waiting some time in this position, Lieut. Stribling was dis- covered returning from the town with two officers, who was said to be the Alcalde and the Captain of the Port. A conversation, through the medium of an interpreter, took place between Commodore Por- ter and those persons which resulted in an apology to Lieut. Platt. The Commodore asking the officers whether they were all satisfied, to which they assented The Commodore was then invited by the Alcalde to visit him in the town. The Commodore, in company with myself, and several other officers, and the marines under Lieutenant Crabbe, went so far as to lead us by the force collected ; after w ; ch, the Commodore returned, and gave orders for us all to return to the beach. At the beach, the men were refreshed with some grog, got into the boats, went on board the Grampus, and returned to the John Adams. Q. At what hour did you leave the John Adams to go to Faxardo ? A. Between one and two in the morning. Q. At what time was it expected you would arrive at your destination ? Jl. We calculated upon arriving very early in the morning. Q. Did any person from St. Thomas accompany you, besides the. pilot ? A. I am under the impression that there was a young gentleman, whose name 1 do not recollect. Q. Are you acquainted with the object for taking him. A. No ; I was not. Q. By Capt. Kodgers. Was not the visit of Commodore Porter to Faxardo, for the purpose of resenting an insult to the American flag, in the person of Lieut. Platt ? Jl. It was the ostensible object. Q. (By the same.) Were not the arrangements of Commodore Porter to land in daylight ? A. It was his intention to land as early as possible, certainly by daylight ; we calculated to arrive there by break of day. Q. (By the same.) Could you have made your arrangements to land at night ? A. We could have arranged to land at any time of the night. Q. (By the same.) In what positions did the schooners anchor in the harbour of Faxardo ? A. The Grampus anchored nearly opposite to the battery I have alluded to ; the Beagle further up in the harbour. 363 Q. Were the colours flying on board the schooners when they entered the harbour, and when they anchored ? A. I think they were. Q. Was the force despatched to dislodge the Spaniards from the battery, before or after the landing of Commodore Porter ? A Before. Q. Had it returned before the landing ? A. No. Q. At what time did it join the main party, and where ? A- It joined us on the beach, and almost immediately on our land- ing. Q. How many men and officers landed ? A. I presume near two hundred. Q. How were they armed ? A. With muskets, bayonets, pistols, cutlasses and boarding pikes. Q. How long after you landed, was Lieut. Stribling despatched ,to the town ? A. Almost immediately, or soon after our landing. Q. What amount of force had the Spaniards collected ? A. 1 cannot say what amount ; but in passing them, there appear- ed to be about sixty or seventy men with a field piece. Q. Did they appear to be regular troops or militia ? A. They had the appearance of militia ; they were not in uniform. Q. Was there any complaint made to the authorities at Faxardo, or communication had with them by Commodore Porter, on the sub- ject of the insult offered to Lieutenant Platt, before you landed ? A. None that I knew of. Q. By Capt. Rodgers. Do you not think that the most effective way to obtain redress was by landing ? A Yes. Q. By Capt. Wadsworth. At the time of your landing, was any inquiry made by the Spaniards, as to what force it was ? A. None ; I do not think there was an individual to be seen on the beach. Q. By Capt. Ridgely. Was there any act of hostility committed against any of the subjects of the King of Spain, previous to or af- ter landing ? A. The boat that was sent to dislodge the men and spike the guns at the battery, succeeded in the object ; whether that was an act of hostility, must be left to the Court : if it was not, I know of none. Q. By Capt. Tingey. Was this act of Courtesy by the authori- ties of Faxardo, by invitation into the town, after those transactions that you have related ? A. Yes. Q. By the same. Was any complaint or remonstrance made by the authorities at Faxardo, to Commodore Porter, at any time during his stay on shore, against his proceedings there ? A. None that I know of. Q. By Capt. Wadsworth. Do you know the nature of the apol- 364 ogy made by the Alcalde and the Captain of the Port, which you say was satisfactory to Commodore Porter, and the officers accom- panying him ? A. The apology was made to Lieutenant Platt, for the injury done him ; but 1 am not able to state the terms of it. <2 By Capt. Brown. What was the deportment of Commodore Porter towards the Spanish officers whom he met ? A. Gentlemanly and proper. Q. By Capt. Henley. Did Commodore Porter consult with you previous to his landing ? If yea, state the amount of the consulta- tion. A. He did not consult me. Q. By Captain Ridgeley. What was the conduct of the officers and men who landed, towards the subjects of the King of Spain whom they met ? A. We landed as I have stated, and marched up towards the town, committing no personal violence against any one ; the con- duct of the officers and men was correct. Q. By Capt. Elliott. From what you could perceive in Com- modore Porter, previous to, at, and after his landing, with his force, at Faxardo, was he actuated by any other motive than to obtain an pology for the insult offered to one of the officers of his squadron ? A. It appeared to me the only motive. Q. (By Captain Ridgeley.) Was not the place where you landed, considered as one of the rendezvous of pirates ? A. It had been frequently said so ; I knew nothing of it personally. Q. In the conversation between Commodore Porter and the au- thorities of Faxardo, was any thing said on the subjert of piracy or pirates, and was any demand made for pirates, or for property plun* dered by them ? J. None that I know of. I was not near enough, however, to her the conversation between them ; and it was not until the Com- modore asked the officers if they were satisfied with the apology, that I approached near enough to hear them. Cross examined. Questions by Commodore Porter to Capt. Dallas. Q. Were not our proper colours hoisted, both on the schooners and boats, when they came in sight of the harbour, and during the whole time of the approach and of the landing ? A. Yes. Q. Was not every thing done openly and fairly, and in my own character, without any attempt to deceive ? A. Yes. Q. Did I not land in my uniform, though advised by some of my officers to take it off, lest it should make me too conspicuous ? A. You landed in your uniform ; I do not recollect any advice. Q. Did you not, under all circumstances, consider it an effectual roorse on my part; to secure the officers from insult and interrup- 365 lion, whilst engaged in the pursuit of pirates in that quarter, by in- timidating the inhabitants of those towns or districts, suspected ol harbouring and assisting the pirates ? A. Certainly, I think it was a course that would intimidate other places supposed to be a receptacle for pirates, and calculated to pre- vent them from suffering them to come there, and a means of oblig- ing them to pay more respect unto our officers. Q. Were not the guns training on us at the time I ordered the party to land and spike them ? A. \ think they were endeavouring to train them on us. Q. Did not Lieut. Stribling, on his return with the flag, inform me tliat the people or authorities of Faxardo had heard of my com- ing, and were preparing resistance ? A. I heard of the circumstance, but do not recollect how or from whom I heard it. Q. Were not my orders to the party who landed, to spike the guns, without injury to the person or the property of any of the in- habitants ; not to fire unless first fired upon, and generally to re- spect the persons and property of the inhabitants ? A. I consider those as the orders that were given. Q. Did any of the main body enter the town of Faxardo ? and was not our whole force so disposed as to impress the people with a sense of our disposition, and OUT power to repel and punish ag- gression ; at the same time that all actual violence was avoided ? A. The main body did not enter the town. To the latter clause of your question, 1 answer yes. Q. Was not the grog sent to the beach as a present from the town to the meu ? A. I did not understand it in that way. The Purser was directed to procure some, and when he offered to pay the person from whom he procured it, he was refused, and told it was intended as a pre- sent. The person from whom it was procured, was one of those who accompanied the Alcalde and the flag. Q. After the negotiations and explanations were ended, did not the authorities and inhabitants appear well satisfied and acquiescent in my proceedings ? A. They accompanied us in considerable numbers down to the boats, and there was no other appearance than that of a good un- derstanding between all parties. Charles T. Platt,a Lieutenant in the Navy of the United States, being duly sworn according to law, deposes and says : On the 24th October, between the hours of seven and eight in the morning, Mr. Bedford, a clerk in the house of Messrs. Cabot & Bailey, Commercial Agents at St. Thomas, with a letter from those gentlemen, came on board the Beagle, then under my command, ly- ing in the harbour of St. Thomas, informing me that their store had been robbed the preceding night, of goods to not less than the amount of $5,000. The letter contained a request for me to go ia search of the goods. I then went ashore, and inquired of the 366 merchants ih that place who had been previously robbed, in order to ascertain whether 1 would be justifiable in proceeding in search of these goods to Faxardo, at the east end of Porto Rico. On making the inquiry, I was perfectlv satisfied as far as I could be, without knowing positively, that the goods were then on their way to Faxardo. I accordingly got under weigh as speedily as I could, taking on board with me a pilot, and a clerk of Messrs Cabot & Bailey, wilh a description of the goods contained in the advertise- ment herewith presented to the Court, annexed, and marked (1.) On the evening of the 26th, about 6 o'clock, I anchored in the har- bour of Faxardo, with my colours flying. I was anxious, if possi- ble, to get on shore that night, but my pilot, who acted not merely in that capacity, but as my guide and interpreter on shore, through ignorance or otherwise, declined going, stating that he was not able to shew me the way at that late hour. In the morning of the 27th, at an early hour, a boat came alongside, with some person in it, bearing the appearance of a soldier, who informed me that the Captain of the Port was anxious to see me on shore, presenting his compliments at the same time. 1 was at that time preparing to go on shore. I was somewhat fearful that the character of the vessel was not known on shore, and asked the man whether the character of the vessel was known on shore. He answered that it was. Lest he might have been mistaken, I told him to inform his commanding officer that it was the United States schooner Beagle, and that I should be on shore as soon as possible. So soon afterwards as was practi- cable, in company with Lieutenant Ritchie, Mr. Bedford, and the pilot, I visited the shore. On my landing, I was told that I could not proceed to town. This, however, I received from a parcel of ntgamuffins, who appeared to me more like highway- men, than any thing 1 could compare them to. I attempted after this to go again on board my vessel ; I was prevented from doing so. This led me to inquire what was the meaning of this course of conduct ; whether they were authorized ? I was informed by a citizen stand- ing there, that they had no authority to detain me. In evidence of of which, horses were procured (without my asking) by the citi- zens then for myself and all who were with me, to ride up to the village. On my arrival at the village, I reported myself, having been advised so to do by some of the citizens, first to the Captain of the Port ; made known to him my business, the object of my vis- it, and reasons for my appearing in citizen's dress, and also a letter to a Mr. Campos, shewing the character of myself and vessel. Mr. Campos was a man who, from his wealth, stood high as a person of respectability. The Captain of the Port appeared to be perfectly satisfied with the character of myself and my vessel, took down the names of the officers and the force of the vessel, then directed me to call on the Alcalde : I did so, and pursued the same course with him as with the Captain of the Port. He also appeared per- fectly satisfied, and approved very much of my having tome on shore in citizen's dress ; said it was a very prudent and necessary precaution. He also expressed a confidence in succeeding in secur- 367 iog-the goods ; said he had no doubt but he should be able to pro- cure them before night. This conversation was private ; there might have been others in the room, but none were 1 believe with- in hearing, but the interpreter and ourselves. The Court not being able to complete the examination of Lieut. Platt, adjourned till to-morrow morning, at 10 o'clock. SATURDAY, JULV QTH. The Court met pursuant to adjournment of yesterday : present^ all the members of the Court (excepting Captain Elliott) the Judge Advocate, and Captain Porter. The President announced to the Court, that Captain Elliott was sick and confined to his bed, and wholly unable to attend the meet- ing of the Court to-day. The accused stated that he had no objec- tion to the Court proceeding in the business before it, and that when Captain Elliott should be able to resume his seat, the proceedings of the Court during his absence, should be read to him. Where- upon, the Court decided to proceed in the case. The Court resumed the examination of Lieut. Platt. The Alcalde then informed me, that the recovery of the goods might probably be attended with some expense : I stated to him that if it were necessary to offer a reward, I was authorized to offer a reward of one thousand dollars, for which I considered the hand- bill yesterday presented to the Court as a sufficient authority. I then proposed to the Alcalde the propriety of my visiting the dif- ferent stores \vith the Police, and the Clerk I had brought with me, for the purpose of examining and identifying the goods. The Al- calde observed that, as 1 had very properly come on shore in citi- zens' dress, to prevent any suspicion ; that it was advisable to let thG matter rest entirely with him ; that, were I to accompany him, though in citizen's dress, suspicion might be excited. 1 then left his office, under the impression that the goods would be procured before night, by the Police of the place. A short time after, I re- ceived a message from the Alcalde, saying that he wished to see me at his office ; I was then fully under the impression that he had ob- tained some information which would lead to the recovery of the goods. Under this impression, I went over to the office, ac- companied by Lieut. Ritchie and the Pilot. On my arrival, I in- quired of the Alcalde whether he had sent for me and for what pur- pose. I was answered by the Captain of the Port in the most in- sulting, most provoking, and most aggravating manner that it i* pos- sible to imagine, saying that he had sent for me himself, to demand of me my register, on the refusal of which, he would confine me in prison. I told them that I thought I had already satisfied them of the character of the vessel ; that 1 had no register to shew them; that a man of-war carried none ; that my commission, my uniform, and my colours, were all that I bad to shew, to establish my charac- ter ; that I had already offered to exhibit these, which they consi- 368 dered unnecessary, being perfectly satisfied of my character with- out it. I then expressed rny astonishment at the course of conduct they had pursued, so unexpected and so unprecedented, and further- more, that I conceived it to be a duty which 1 owed to my country, to myself, and to the officers under my command, to make a formal report of their conduct to Commodore Porter. Lest, however, they might deny having confined me, 1 left the office with the in- tention of returning on board my vessel, and leaving the port, not considering myselfas a prisoner by their mere say so. I had proceed- ed about five rods from the Alcalde's house, when I was pursued by the Alcalde himself and two soldiers ; the Alcalde himself seized me by the collar. I was brought back, and placed under charge of a sentry. After perhaps an hour's debate, among themselves, I inquired of their interpreter what they meant to do he informed me that, as they were not satisfied with my character, my having shewn no evidence thereof, they were determined to keep me con- fined until I should produce some such evidence, or they should hear from St. John's. I then requested permission to go on board with any officer they might choose to send, whom I pledged to sa- tisfy of the character of myself and vessel. This, however, was denied me : I then requested that I might send Mr. Ritchie or the Pilot on board, that they might keep me in bondage if they chose. All was denied me ; there was no chance left. I then made another proposition, that I should send a note by any officer of theirs whom they pleased, and pledged myself that, if he did not return, they might then do with me as they thought proper this was refused. After perhaps another hour, they permitted me to send Mr. Bed- ford on board for my commission, which at the time, they said was all they would require. I, however, directed him to bring my commission and uniform. So soon as he returned, 1 put on my uniform and presented my commission. After consulting again for perhaps half an hour, they pronounced my commission a forgery, and me and my officers a damned pack of pirates. I, then, finding the probability of my being confined there some time, proposed the propriety of going to some decent house, where they might place sentery over me. In answer to this, the King's house was recom- mended, as I understood ; I being at the time fully under the impres- sion that the King's house was the most genteel house in the place, in- vited Mr. Ritchie, and even the Pilot, to accompany me; they being prisoners like myself. On my approaching near enough to disco- ver that it was a mere guard-house, well calculated to produce the yellow fever or plague, 1 declined taking up my lodgings there, un- less they forced me to do it. After some few minutes, they consented to let me return to the Alcalde's office under charge of a entery. Being fully aware of my unpleasant situation, I again, although repugnant to my feelings, did ask the interpreter what furthermore they required of me. After making the inquiry of the proper au- thorities he answered that I had shewn no other commission than one as Lieutenant, and not one as Lieutenant Commandant : They 369 Were determined lo keep me there until they could hear from St John's, or until I produced something that was satisfactory. I asked permission to send Mr Bedford again on board, which was granted. I directed him to bring all my papers on shore, that I might come across some paper which might be satisfactory, and which it would not be improper to shew them. On the return of Mr. Bedford, I produced the orders from Commodore Porter to me, directing me to take command of the Beagle. They told me an appointment of that kind could not emanate from any thing less than an Admiral, and that they were thoroughly satisfied that I was a pirate : as for Com. Porter, there was no such man in our Navy, and that I could not hoax them in that way. They still continued me confined until a late hour in the afternoon, towards sundown they, without any further application from me, and for what reason I know not, re- leased me and allowed me to go aboard my vessel. We left the village, mortified very properly, hissed at by the ruff-scuff of the* place went on board, got under weigh, and proceeded to St. Thomas. On the 12th November, Commodore Porter arrived at St. Tho- mas, in the John Adams ; as soon as he came to anchor, I visited the vessel, reported myself to him, and mentioned to him the cir- cumstances which led to my visit to Faxardo, and the treatment I had met with. The Commodore informed me, it was necessary I should make out a written report. I stated to him it should have been prepared, had I expected him so soon, and that he should have it. The Commodore said that, if circumstances justified my going in the manner in which I went, that he would visit Faxardo, and obtain redress for the insult offered to me and to the flag. I re- ferred the Commodore to Messrs. Cabot and Bailey, and to Mr. Furness both houses being commercial agents at that place. I went on shore at the request of the Commodore, to request Mr. Cabot to come on board, (Mr. Furness was then on board ) and ta procure a pilot to carry us to Faxardo. Mr. Cabot returned on, board with me. The next morning I got under weigh with the Beagle, having the pilot on board, stood out of the harbour of St. Thomas to join the John Adams, then under weigh, delivered my written report to the Commodore, and was directed by him to pro- ceed ahead with the pilot for Faxardo. The wind, however, pro- ved light, and we were compelled to lay too, off and on during the night. The next morning 1 was hailed from the Adams, and di- rected to proceed ahead as before. For reasons unknown to me, the Commodore gave an order, and the ^vessels came to anchor about 9 o'clock in the morning of the 13th, under the lee of Pas- sage Island. At midnight of the 13th, the Grampus, Beagle, the barges and boats of the Adams, with as many officers and men as could conveniently be spared, got under weigh, and, about eight o'clock next morning, arrived in the harbour ofFaxardo. The barges were manned and officered ; one barge was sent to attack a fort on an eminence mounting two guns- The rest of the mea 47 370 landed on the beach. The Grampus was anchored off the battery : the Beagle passing by the battery, anchored so as to cover the landing of the men. I was directed by Commodore Porter, as he passed me, to follow him with as many men as I could conveniently carry in my boat. Lieut. Stribling, about the time of our landing, was despatched to the town with a flag of truce, and a communica- tion from Commodore Porter to the authorities of the place. About fifteen minutes after our landing, we were directed to fall into line, and march up. We got there in perhaps about fifteen or twenty minutes, from the time we started from the beach. On the outskirts of the town, I mentioned to the Commodore that there were two guns on a causeway, on the road to the village. He or- dered some officers and men to spike them. After arriving at about 40 or 50 rods from the village, we halted ; a short time after, we discovered a white flag, which proved to be the flag of Lieut. Stribling, accompanied by the Alcalde, the Captain of the Pert, the Interpreter, and a number of the citizens. When they met Com- modore Porter, they professed their ignorance of the object of his visit. The Commodore stated to them that they ought to have known the object of his visit from the tenor of his note; that he came there for the purpose of obtaining suitable redress, or an apo- logy for the insult that had been offered to the flag of the United States in my person, (pointing to me.) This seemed, at first, to create some considerable astonishment on their part, that they should be accused of having treated me in any way improper. The Commodore then asked the Alcalde, in a very positive manner, whether he had not imprisoned me. His answer was, that he had after knowing my character, as an officer in the United States' Navy ; but, that he was not to blame, for that he had been com- pelled to do it by others. The Commodore then told him, that, as he was the Chief Magis- trate of the place, he had nothing to do with others, and that he should regard him as responsible for any acts of violence that might have been committed on me ; that there was then no time for any altercation ; that the time had expired, within five or seven mi- nutes, which he had allowed them ; that an apology was necessary such a one as should be dictated by him, a refusal of which, would compel him to resort to arms, which should terminate in the final destruction of the village. An apology was made. It was, that they had imprisoned me wrongfully ; that they were sorry for it, and that, in future, they would respect United States' naval offi- cers, as their character deserved. AHer that, we were pressingly invited to come into the village, and strongly urged to take some refreshments. Commodore Porter did advance passed by a six- pounder, which was primed, and a man standing by with a lighted match, and a number of armed men that had been collected. He then ordered us to return to the beach, without entering into the heart of the village. The Commodore informed me, at the beacb, that it was at first his intention to have accepted the invitation, an^ 371 entered the village with the men, but, apprehensive that some diffi- culties might arise amongst the sailors and men, he thought it- bet terto return, and have the refreshments brought down to the beach. The refreshments were brought down, we partook of them, pro- ceeded to sea, and rejoined the John Adams. Question. Was it the object of your visit to Faxardo, to recover the property that had been stolen at St. Thomas, or to obtain the persons who had perpetrated the robbery, or both ? Answer. The object of my visit was to obtain the property, and the pirates, as they were supposed to be, through the Police, and through them only. Q. Was the United States' flag flying on board the Beagle, during the time that she lay in the harbour of Faxardo ? A. The flag was flying when we arrived, and was hoisted again at nine o'clock, on the following morning, as I presume such be- ing my orders, and such the regulations of the service. Q. Was there any flag, ensign, or other distinction, displayed at the time of your landing ? A. None. Q. When you landed, do you suppose that the Beagle was known on shore to be an American man-of war ? A. I feel perfectly satisfied that her character was known. Q. Were there many persons on the shore who saw you land from her ? A. Probably fifteen or twenty. Q. What was your object in landing without your uniform ? A. To prevent any suspicions on the part of the boats in the har- bour of which there was a great number. Q. Could not the flag of the vessel be seen as well from those boats as from the village of Faxardo, and the character of the Bea- gle as well ascertained ? A. Yes, but ail merchant vessels carry the same flag that we did. Q. Had you, when you landed, any document of any description to verify your claim to the character of an American officer ? If so, what was it ? A. We carried a letter from one of the most respectable mercan- tile houses in St. Thomas, to Mr. John Campos, a merchant in FaX' ardo. Q. Was that an open or sealed letter ? A. It was a sealed letter, but had been read to me before it was sealed. It was given me for the purpose of enabling me to go on shore in disguise. Q. Did you see Mr. Campos while on shore ? A. I met him at the entrance of the village, before seeing the Captain of the Port and the Alcalde. Q. When did you hand him the letter ? A. The moment I arrived at the village. Q. Did he accompany you to the hau?e of the Captain of the Port and the Alcalde ? 372 A. He was at the Captain's of the Port I think, and certainly at the Alcalde's, and read the letter to them both in my presence. Q Do you know whether Mr. Campos had, or had not, at that time in his possession, the goods of which you were in search ? A. I do not know personally ; 1 can only judge from the evidence that 1 brought home, and am fully under the impression that he was, at that time, in possession of the goods. Q. When you were interrupted on the beach on your landing, do you suppose those who did it, knew you to be an American officer ? A. Yes. Q. From what circumstance ? A. Because they had sent a boat along side of me, and said they knew my character, and I had sent word to them before landing of my character. Q. Did you inform the citizens, who interfered in yonr behalf on the beach, who you were, and what was the object of your visit ? Jl. I mentioned that I was an American officer in command of the Beagle, and that I wished to report myself to the proper authori- ties. Q. Did you in person proceed to any of the stores in town, to in- quire after the goods you were in quest of? d. I was in no store in the place, except Mr. Campos's store,, when I went to see him. I was in one other, the store of the gen- tleman who had lent me his horse ; I was aeked into his house, and passed into the store, but no further, and with Mr. Bedford privately examined some of the goods to see if they corresponded with what had been taken. This was not done with the view of interfering with the authorities. Q. Did you see Mr. Campos after you first left the office of the Alcalde ? Jl. Yes ; I found him there when I went to the Alcalde's, after being sent for ; he was engaged in conversation with the rest, and appeared very much confused. Q. Did you appeal to him to verify your character, and what was his reply ? A. 1 appealed to him ; he replied that he had stated my character ; urged Mr. Bedford and myself to go to another place to look for the goods, which 1 declined ; he offered us horses to go, and 1 be- lieve that if 1 had been disposed to go, they would have released 113. Q. During the period that elapsed between your first visit to Faxardo, and your seeing Commodore Porter at St. Thomas, had you made any report of the affair to him or to the Government ? Jl. None whatever. I expected him at St. Thomas, (where I was directed to await his arrival,) though not so soon as he actual- ly came. Q. Did you during that period, consider that the flag of the United States had received an insult which required atonement ? Jl. Yes, I did. Q. Did Mr. Bedford, or any other person, accompany you to Faxardo, on the second visit ? and if so, for what purpose ? 373 A. Mr. Bedford went down on'thc second visit, but did not land. The object was that, if any discovery should be made, he might be there to identify the goods. Q. In the conversation between Commodore Porter and the nu* thorties, was any thing said on the subject of those goods, and what ? Jl. I do not recollect that any thing was said o~n the subject. Q. What is the distance between the beach were you landed, and the village at Faxardo ? .7. About a mile and a half, Q. Had any complaint been made, or explanation askeo*, either by yourself or Commodore Porter, for the insult you had received, either of the authorities at Faxardo, or of the Island, before your second visit ? A. None by myself, and none that I know of by the Commodore. ^- (By Capt. Rodders.) What is the character of the inhabitants of Faxardo ? Is it considered a place of refuge for pirates, and are net pirates openly protected there ? Jl. Yes, I have heard so; I have understood that hundreds of thousands of dollars worth of property had been stolen at St. Tho- mas, and remnants, or parts of the goods, discovered there and in the neighbourhood. Q. (By Capt. Thompson.) Will yon please to state to the Court the particular instruction under which you thought yourself author- ized to land at Faxardo, in order to recover the property in ques- tion ? Jl. The instructions under which I acted were the general instruc- tions from Commodore Porter, of which I was furnished with a copy, as well as the other vessels in the squadron, annexed and marked (H.) Q. (By same.) Do you know the house of Cabot, Bailey & Co. to be accredited agents of the Government of the United States ? Jl. I know them to be respected as such by the authorities at St. Thomas, and that they act as magistrates ; I mean that Mr. Cabot is. Cross Examined by the Accused. Questions to Lieutenant Platt by Commodore Porter. Q. Had not the island of Porto Rico, and especially the district about Faxardo, been notorious, from common report, before and at the time of your visit, as a rendezvous and refuge for such of the pi- rates as were unable to keep the sea, and who where generally said to make that their retreat with their plunder, after marauding ex- peditions ? Jl. Yes. Q. Were not those reports communicated to me, and did I not receive frequent and heavy complaints of the piratical character of Faxardo and the country around ? Jl. Yes ; I was present at a conversation between Commodore Porter and respectable merchants at St. Thomas, after his arrival 374 en the twelfth of November ; they stated that protection was afford- ed to pirates by the inhabitants of Faxardo ; that they were general- ly believed to be concerned with the pirates. They referred him to respectable gentlemen on shore, who had letters from respectable people to that effect. Q. Were not the guns of the battery trained on the Grampus, aa she lay abreast of the battery, before any order was given to land ? A. I do not know ; they were so trained before they left the Grampus. Q. Did the party who landed to strike the guns, make any at- tack or offer any violence to tlie persons at the battery, or use any force to dislodge them ? A. The party landed and took possession of the fort ; the Span- iards abandoned it before our men reached them. Q. Was not the most perfect order preserved among our men on ihe march to Faxardo ? A. Yes. Q. Was any violence or injury of any kind committed by any of our men, upon the persons or property of any of- the inhabitants ? A. None whatever. Q. Were not the grog shops on the road from the harbour to the town thrown open, and temptingly set out with drink, and without any protection ? A. They were ; liquor was brought out and offered to me as we were returning ; 1 did not see any thing of the sort as we went up. Q. Did you see or hear of any instance of the men's quitting their ranks to enter these shops ; and had they any other means of getting refreshment until their return to the beach ? A. None whatever. Q. Were you near us during my conference with the Alcalde ; and did you hear distinctly what passed ? A. Yes ; I was along side of him. Q. Did I not exact, in addition to the apology for their ill treat- ment of you, a promise that aid and assistance should be furnished, and respect shewn to American officers, who might go to Faxardo in pursuit of pirates ; and did not the Alcalde promise such aid and respect, so far as lay in his power ? A. Yes ; that they should be respected, and the Alcalde pro- mised it. Q. Did not the Alcalde, on being asked by me why he had put you in confinement, say that he could not avoid it ; that he had been compelled to do so by others ? A. Yes. Q. Did you not understand from the said conversation, and the excuses made by the Alcalde, that there was some mystery in the transaction ; and that the regular authorities of the place had been interrupted, and forced from their duty by the irregular interference of unauthorized persons ? A. 1 drew that conclusion from the conversation that passed, aud the apology made. 375 Q. Did you not ask the Alcalde in ray presence, if the goods had been recovered, and did he not answer no ? A. I do not recollect any thing of the kind. Q. Did you know at the time you went first to Faxardo, that Campos had the goods, or did you get that information afterwards ? A, I received the information since. Q. Did you helir from many f)f the persons on shore, after my interview with the Alcalde, that they had been expecting me, and preparing to resist me ? A. I understood from the interpreter, that the visit was not un- expected to him, that he anticipated it. Q. Did not the Alcalde, and the inhabitants generally, appear to be perfectly satisfied with my proceedings and did we not all part in good fellowship, and with mutual civilities ? A. They did. Q. Did you hear any complaint from any of the inhabitants of my landing, or of the treatment they received ? A. None whatever. Q. Upon your arrival at St. Thomas, after your confinement at Faxardo, what American officer did you find in command there ; and did you report to him either verbally, or in writing ? Or did you give him information of what had passed at Faxardo ; and what ad- vice or instructions did he give you ? J\. Lieutenant Sloat came in some days after. I informed him what had passed, but made no formal report to him. He expressed an opinion that it was no more than we had a right to expect from them, but gave no advice. Q. Did you make a formal report to me of those transactions, immediately on my arrival at St. Thomas ? A. I did, as I have before stated. Q. Did you afterwards convoy vessels to Ponce, Porto Rico, <>r go there on other official business, bjr order of Lieutenant Sloat? And how were you received and treated there, by the public au- thorities and inhabitants ? Was it not with marked distinction and hospitality ? A. I went, not only by orders of Lieutenant Sloat, but of myself. I visited Ponce some time after, inconsequence of the accompany- ing letter from Mr. Furness (read, annexed to the record, and mark- ed (2), where I was received with the greatest possible attention and respect. I was invited to a public dinner, where there were about forty of the most respectable citizens : and it was known that I was the same person who had visited Faxardo ; and I landed in the same uniform that I had on at Faxardo. The particulars of my visit appear in a report made by me to Commodore Porter, dated Feb- ruary 10(h, 1825, (read, annexed, and marked (3). Q. Did they make any such remark as this, that they were de- termined to shew by their conduct towards you, that they were not pirates; and did you understand them as alluding to the affair of Faxardo ? 376 A. No ; I understood they were mortified at the treatment I had received at Faxardo, and were determined to shew they were a different sort of people. Q. Did not some of the most respectable inhabitants of Faxardo apologize for the conduct of the Alcalde, towards you, by saying he was some how under the influence of the populace ? A. Yes ; the interpreter himself told me that the Alcalde was swayed by others, and an Irish gentleman there took a very active part on the occasion. The Court adjourned 'till ten o'clock on Monday morning. MONDAY, JULY 1 ITH. The Court met pursuant to the adjournment of Saturday : pre- sent all the members of the Court, (excepting Captain Wadsworth,) the Judge Advocate, and Captain Porter. A letter was read to the Court, from Captain Wadsworth to the President, accompanied with a certificate from his attending phy- sician, stating that he was too much indisposed to be able to attend the Court Martial this day. The Court (the accused assenting,) took the same order on this occasion, as on Saturday, in consequence of the absence of Captain Elliott. The minutes of the proceedings of Saturday, were then read by the Judge Advocate. The examination of Lieutenant Platt was resumed. Q. By the President of the Court. How far is it from Faxardo to St. Johns and is the communication between the places fre- quent ? A. I understand the distance is about forty or forty five miles, and that the communications between the places are daily. Q. By Capt. Porter. Was it generally anticipated and understood by the officers of the Navy on the station, and by the persons at St. Thomas, who had heard of the treatment you had received at Fax- ardo, that 1 should proceed to the latter place, and get satisfaction for their conduct ; and that in doing so, I should land with an arojed force, and march to the town ? A. It was hoped by the merchants and respectable citizens of the place, that such would be the case, and was wished for by the of- ficers ou the station. Q. Did this general anticipation of ray intended course proceed from any communication from me, to the officers or others, of my intended operations, or merely from the general opinion of the pro- priety or necessity of the measure? A. From the opinion of the propriety and necessity of the measure. Q. Was it the general opinion, and your own, that the co urse which it was supposed 1 intended to pursue was a necessary and., effectual measure to repress piracy, and ensure respect and pro- 377 lection to our officers and detachments, when landing in the dis* charge of their duty ? .#. Yes, it was thought to be necessary that such a stand should be taken, until it happened no vessel dared leave the port with- out the protection of a man of war. Q. Was it the general opinion, and your own, from your expe- rience of the consequences of the operation at Faxardo, that it had made the most beneficial impression, and had produced effects of great practical utility in the accomplishment of the general objects of our cruise, the suppression of piracy ? A. It was decidedly my impression ; and the subsequent treat- ment I have received from the authorities in the Spanish West In- dia islands, and their conduct since, has created this impression. I never before knew of any aid or assistance being furnished by the authorities of Porto Rico it has been done since. Q. Had you not been cruizing a considerable time before your first visit to Faxardo, in the neighbourhood of that place and St. Thomas in the Beagle ? Was not the Beagle well known in those parts and was there not daily and hourly intercourse by means of small boats between St. Thomas and Faxardo. Jl. Yes, I had been on the station a short time. I had been cruizing in the neighbourhood of Faxardo within sight of the east end of the island, before I went to St. Thomas, and there was a constant communication between Faxardo and St. Thomas. The examination of this witness being closed, at the request of a member who had a proposition to submit, the Court was cleared. The proposition having been submitted, after deliberating upon the same, the Court adopted the following resolution : It appearing to the Court that what purports to be the proceed- ings of this Court, and particularly the evidence given by the wit- nesses who have heretofore been examined, have been published in a newspaper of this City ; and this course appearing highly objec- tionable, and in particular virtually, annulling a special. rule of all Courts Martial ; that no witness, previous to his examination, shall he permitted to know what testimony has been given by any other person. It is ordered by the Court, that no spectator, other than such persons as may be particularly employed by Captain Porter, and for his use, be permitted to take minutes of the proceedings of the Court. Whereupon, the Court was opened, and the foregoing proceed- ings announced. Robert Ritchie, a lieutenant in the Navy of the United States, be- ing duly sworn, according to law, deposes and says : 1 landed, in company with Mr. Platt, at Faxardo, on the morning of the 27th of October. Mr. Bedford, a clerk of Messrs Cabot and Bailey, and the pilot, were in company. It was about six or seven in the morning. We met a number of men on the beach. One man, with a cutlass in his hand, but without any appearance of being an officer or soldier, addressed Lieutenant Platt, asked him for his 48 378 Register. Lieutenant Plait replied that he carried no register * told him what vessel it was that it was the United States schooner Beagle. He inquired lor the Captain of the Port, and was told he lived in Faxardo. One of the citizens offered to shew us the way, and we started off. We saw the Captain of the Port on our arrival at the town told him our business. Mr. Platt told him he had come on shore in citizen's dress that he had brought with him a clerk of the house whose goods had been stolen. The Captain of the Port asked Lieutenant Plait for his register ; he replied that he carried none he was satisfied apparently. Mr. Platt shewed him the let- ter he had for Mr. Campos ; he sent a young man with us to shew us where Mr. Campos resided. On our leaving him, he appeared perfectly satisfied. After Mr. Campos had read the letter, he of- fered to render us all the service in his power said it would be ne- cessary for us to go over to the Alcalde's house, and he would for- ward our views. On our arrival there, we found the Captain of the Port. Mr. Campos related to the Alcaldf what our object was he appeared perfectly satisfied, and shook hands with us after an introduction. Mr. Campos then requested the Alcalde and the Captain of the Port, to go into a private room, that he wished to speak with them. The door was shut we heard them in conver- sation. Mr. Platt proposed to me to go over and get some break- fast, as they were busy. We had jst finished our breakfast, when a negro came over with a sword in his hand, and told us the Captain of the Port wished to see us. On our arrival at the Al- calde's house, the Captain of the Port came up to Lieutenant Platt, and demanded of him his register. He replied, I told you, and 1 tell you again, my vessel carries no register. He appeared very angry, and said he would detain us until he heard from St. John's. Lieutenant Platt then attempted to leave them. The Al- calde took him by the arm, and said he must consider himself a pri- soner. He asked him why he was detained as a prisoner ? The Captain of the Port replied, you are nothing but a pirate. 1 began to walk to and fro, and he ordered me into the same room where Lieutenant Platt wa? and he said if we were not satisfied with that, he would order us to the King's house. Just at that moment, a gentleman came up and accosted me by name. His name is Craft he is a planter in the Island. He asked me what my difficulty was, and I told him. He turned round to the Captain of the Port, told him who I was, that he had seen me at St. Johns, at the funeral of Lieutenant Cocke, and knew me to be an American officer. He reasoned with the Captain of the Port upon the impropriety of his conduct, when he knew me to be an officer in the Navy. The Captain of the Port appeared very angry, was walking about, swear- ing in Spanish. Lieutenant Platt asked him if he would allow me, or any gentleman present, to go on board his vessel and get his commis- sion ? He said no, he would send us to the City St. Johns. The gen- tleman who acted as interpreter, and had been Alcalde before, offered himself to go ; he objected to that, and allowed Mr. Bedford, (th 379 clerk of Mr. Cabot,) and Mr. Campos to go. They brought both our uniform coats ashore, and Mr. Platt's commission. The com- mission WHS read to him by the interpreter. He. threw it on the table, said it was a forgery, that there was no Lieutenant Comman- dant in it. The Captain of the Port then became very abusive, walked about, and I could frequently hear him talk of Commodore Porter and the officers. I then attempted to come out of the door, and two negroes who stood there with cutlasses, ordered me bacR Some conversation took place between the Captain of the Port, the Alcalde, and the interpreter in the back part of the room, but I could not understand what was said. The interpreter then came forward, and asked Lieutenant Platt, whether he had any thing to shew that he was Lieutenant Commandant, for that the Captain of the Port, as he said, was so ignorant he could not beat it into his head. He said he had his appointment from Commodore Porter, which he could shew them his orders to the vessel. Mr. Campos in the mean while had brought horses there, and told Lieutenant Platt he might probably get the goods at a small town about twenty miles off, the name of which is Naguaba. Mr. Platt declined going, and sent Mr. Bedford and Mr. Campos on board for all his papers. It was some time before they returned with the papers, and we were kept in the mean while, guarded in the room by the negroes. When they returned with the papers, Lieutenant Platt shewed the Captain of the Port his orders. The Captain of the Port did not ap- pear satisfied with the papers, until the interpreter and Mr, Craft told him they knew it to be Commodore Porter's signature, that they had seen it before. At this time a number of citizens had met in the room together ; a long conversation took place between the Alcalde, the Captain of the Port, and the citizens. Mr Craft and the interpreter, who appeared very warm in our favour, told them the impropriety of their conduct in detaining us. They at last agreed about sun set, to let us return to our vessel. We proceed- ed towards the vessel, and at the outskirts of the town saw some blackguards there, who laughod at us. We took no notice of them, but passed on, got on board the schooner about seven or eight o'clock, and made the best of our way to St Thomas. We told the Captain of the Port while he had us detained, that Commodore Porter was corning out, and we should acquaint him with our treatment. Neither the Alcalde nor the Captain of the Port had any uniform on : I asked them why they had no uniform on they said it was none of my business. On the morning of the 14th November, we arrived in the har- bour of Faxardo, under the command of Commodore Porter. Standing in, the Commodore hailed Lieut. Platt, and told him to stand in, and cover with his schooner the landing of the troops. We did so, and had every thing clear for action. After the men from the Grampus and the boats had landed, the Commodore, in passing by, ordered Lieut. Platt to come on shore. I landed with Mr. Platt ; the troops were then ordered to march. Before we got 380 en shore, Lieut. Crabbe had marched with the marines, and Mr, Stribling had gone with the flag. Mr Pendergrast, and the party who had spiked the guns on the hill, just joined us. We all march- ed off, leaving Mr. Barton, with a party of marines, to guard the boats. On our passing two gun?, about a quarter of a mile from the beach, the Commodore directed Mr. Pendergrast to spike them, which was done. On our arrival near the town, I observed Mr. Crabbe, with the marines, stationed about four or five hundred yards from a field piece at the entrance of the town. The Com- modore then ordered the men to halt about one hundred yards from Mr, Crabbe. After we had been there about ten or fifteen min- utes, I observed Mr. Stribling with the fiv< coming down with the Alcalde and the Captain of the Port. When they arrived, the Commodore requested all the officers to assemble together under a tree. The Commodore told the Alcalde the object of his visit ; that he must make an apology to Lieut. Plattforhis treatment, satis- factory to th'e officers round. He did apologise. The Commodore then told him that, should any officer hereafter land there, he must treut him with every respect that was due to him. The Commo- dore then shook hands with both of them. They gave him an in- vitation to go into the town. The Commodore asked if there were any refreshments, he wished some for his men i pointed out a man with ivhom we had breakfasted, who said he would furnish liquor. The Commodore walked into the edge of the town with the Alcalde and the Captain of the Port. He then wished them good by, and said he should march his men down to the beach, where they could get the refreshments. I believe I was the last man out of the town. Mr. Campos came up, and asked me if 1 would carry a letter from him to Mr. Bfrgeest at St. Thomas. I said yes, provided it would not detain me. 1 asked him if he had heard any thing of the stolen goods. He said he had not, though he had made every inquiry.- He went for the letter, but not returning soon enough, I proceeded to the beach. On my return. 1 found the houses that had been de- serted as we went up, had their inhabitants in them ; they took off their hats to me as I passed, and gave me some water to drink I got down just as the men did with the liquor. It was paid for, and we went off. Several persons on the beach on our return offered us cocoa nuts Q. When you arrived on the first occasion in the harbour of Fax- ardo, and while you remained there, were your colours flying on board the Beaule 1 A When we arrived it was just at sun-set. The colour? were then flying ; and as we landed, Mr. Platt ordered them to be hoisted at 9 o'clock. Q Do you think that when you landed, the character of the ves- sel was known to the people on shore 1 J). I think so : for a m-m who had come off to us, had by this time landed, and I presume had acquainted them with our charac- ter. 331 Q. Was there any interruption offered to you on the beach whea you landed ? ./?. Only by the man that I before mentioned, who had a Sword in his* hand, and his head tied up. Q. Was your character announced to the people on the beach ? A. Yes. Q. Was it known to all with whom you spoke that you were American officers ? A Yes. Q. What was the object of landing without your uniforms ? A. We thought it would increase our prospect of success if it was not known who we were. Q. Why then did you announce who you were ? A. We announced it to the authorities as we had intended, and to the man on the beach : we knew we could get up to the town before him. Q. Did Lieut. Platt and yourself examine any of the goods in any of the retail stores in the town, or make any inquiries there as to the goods ? A. No ; we had asked permission of the Alcalde to do so, and it was refused us. Q. Did either of you go to any of the stores ? A. No ; the man who kept the public house had a store, but we did not go in ; and we first entered Mr. Campos' store, but did not examine any of the goods. Q. What was the treatment you received from the inhabitants of Faxardo, besides the Alcalde and the Captain of the Port ? A. We received from four or five gentlemen there very kind treatment, but. from the lower classes our treatment was rough. Q. Did those who were rough in their behaviour, appear to know who you were ? A. I do not know. Mr. Craft mentioned to the persons in the house of the Alcalde and round the door who we were. Q. Did they carry you, or order you to the jail ? A- They ordered me, and the Alcalde took Mr. Platt, and led him into a room in his house, and they also spoke of sending us to the King's house. The room in which we were kept was occupied as a stable, the front room was occupied as his office. On reflection, I recollect that Mr. Platt, accompanied by the two negroes, was or- dered to the jail, which was about fifty yards from the Alcalde's house. I did not accompany him ; he was absent only a few mo- ments. Q. Did you at the time attribute the conduct of the Captain of the Port and the Alcalde to their ignorance of your characters, or to a wish to insult the American flag in your persons ? A. I thought at the time they wished to insult us ; I afterwards understood they were bribed by Mr. Campos to do it. I had no idea they were ignorant of our character. Q. When you were released, were you ordered to go on board your vessel with any insulting language ? 382 A. Not by any body else than these I have spoken of at the out- skirts of the town. At leaving the Captain of the Port, I told him the Commodore would pay him a vi<-it shortly ; he shook his cane at me, and said something in Spanish, which from his manner I thought was abuse. Q. When the Grampus and Beagle entered and anchored in the harbour of Faxardo, were their colours flying, and were they pre- pared for action ? A. Yes : The Commodore's broad pendant was flying on board the Grampus ; the flags were flying on board the Beagle, and the boats and all were ready for action. Q. Where did the Grampus anchor ? A. The Grampus anchored abreast of the battery on the hill. Q. Did you see any preparations making in that battery to fire on you, and how soon after anchoring ? A. As we were standing in, I saw a number of men standing in the battery on the hill, a company to each gun, and I thought they were preparing for action. Cross Examined on the part of the Accused. Q. Did you not find, on your first visit to Faxardo, some person or persons in search of property stolen from other islands besides St. Thomas? A Yes. Q. Had you any doubt at the time of your detention at Faxardo, that they all perfectly knew the real character of yourselves and vessel ? A. \ had no doubt of it. Q. From information since obtained, what do you believe to have been the real object of the persons who caused your de- tention ? A. I thought at the time the object was to insult us : I have since received information, which has induced me to believe that Mr. Campos at that time had the goods in his possession, and that he had bribed the Alcalde and the Captain of the Port, to act towards us as they did. Q. Before my visit to Faxardo, and at the time I proceeded from St. Thomas, on the expedition to Faxardo, was that place and the district around, notorious as the haunt and refuge of pirates ? A, Yes ; 1 have understood from good authority, that they plun- dered not only on the high seas, but on shore. Q. Was the general opinion of the officers and of other persons interested in the suppression of piracy, decidedly in favour of my expedition to Faxardo ; and was it not generally anticipated and thought proper, after the insult to Lieut. Platt. A. Yes. Q. Were the practical effect and consequences of my operations at Faxardo, found to be highly beneficial and useful ; and as the measure applauded even in Spanish towns and in Porto Rico itself J 383 A. Ves, particularly at Ponce and Aguadilla, where I afterwards was. Horatio N. Crabbe, a Lieutenant in the Marine Corps of the United States, being duly sworn according to law, depO!-es and sayst I was on board the John Adams as commanding marine officer of the guard. On our arrival at St. Thomas, we heard of an out- rage that had been committed by the authorities at Faxardo upon the persons of Lieutenants Platt and Ritchie. We proceeded from St. Thomas, for the purpose, as I understood, of obtaining satisfac- tion for the insult. The schooners Grampus and Beagle were in company, and we anchored with the ship off Passage Island. The boats of the ship and the men to be taken from her were got in readiness for service. We left the Adams about sun-set on the" evening of the 13th of November, proceeded on board the schoo- ners, and on the morning of the 14th, between seven and eight o'clock, anchored in the harbour of Faxardo. The first boat that left the Grampus, was under charge of Lieutenant Pendergrasl, accompanied by Lieut. Barton of the Marine Corps, with the ma- rines of the Grampus, thirteen or fourteen in number. I do not know the orders that Mr. Pendergrast received. I saw him take possession of the battery before the rest of the boats had landed, without any opposition. About nine o'clock all the men had landed. We were formed in line on the beach. I received a message from Commodore Porter stating that he wished to see me. I repaired to the place where he was standing, and received orders from him to form my guard look for the road to the town ; proceed and take up a favourable position to cover the advance of the main body. I found the road without difficulty ; marched my guard off, consisting f two sergeants, two corporals and twenty privates. I had also with me from the ship, a boy who is the marine drummer ; a mas- ter at Arms of the John Adams, and a drummer from the Grampus; the whole, including myself, amounting to twenty-eight persons. At the distance of about half a mile from the beach, there were two long nine pounders mounted on a platform in the middle of the road. I halted the men to examine whether they were charged or cot, and found they were not. I at the same time took off the aprons and threw them on the ground, after which, I continued my march towards the town. When about half way between the beach and the town, I observed a small number of persons follow- ing me with a white flag. Not conceiving that I was under the ne- cessity of waiting for them, until I discovered Lieut. Stribling to be one of the persons accompanying the flag I proceeded on the road. At this time I was within sight of the town, approaching a position where I had contemplated halting to await his arrival. I halted upon that ground until he came up, and in reply to some observations from him, I told him I would escort him into the place he replied very well. I suffered him to get in advance of me twen- ty or thirty yards, when 1 put the men in motion and followed him at a, slow pace. I observed some movements among the Spaniards 384 which I thought indicated hostility on their part. When Lieut Stribliog came up with me, there was a white flag held by the Span- iard* at the entrance of the town. They came out to meet him. I was at the time marching on slowly in hi? rear, when the flags met ; I saw three or four Span- iards kneel and present their muskets. I had determined to push on t quick step and render him assistance, if it was necessary. I however received a message from him requesting me to halt, until his return from the town. At this time I was from one hundred and fifty to three hundred yards of the town. Commodore Porter arrived shortly after Lieut. Stribling left me to go into the town, and halt- ed some distance in the rear of the marines!. He came to the ground I occupied, and directed me to place my men in a position to face the Spaniards, which I did. Not being able to complete the examination of Lieut. Crabbe, the Court adjourned till to-morrow morning at 10 o'clock. TUESDAY, JULY 12. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, (except Captain Wadsworth, who still continues too much indisposed to attend,) the Judge Advocate, and Captain Porter. The minutes of the proceedings of yesterday were read. The examination of Lieut. Crabbe was resumed. A short time after Lieut Stribling was observed returning, ac- companied hy the Alcalde, and some other persons from the place, 1 was directed by Commodore Porter to occupy a position, on both sides of the road, and to suffer none to pass, excepting those who were in immediate attendance on the flag. Those instructions were obeyed. The Commodore returned to where the officers were assembled, and there received the Alcalde. I do not know what occurred there, being at too great a distance to hear what was said. After a short conversation between the Commodore and the Alcalde, I observed them approaching me. The Commodore, as he passed, directed me to follow him, with the marines, to the town ; stating, at the time, that he had received an invitation for himself, his officers, and men, to partake of some refreshments, af- ter their march. We entered the outskirts of the place ; 1 then had an opportunity of seeing the number of Spaniards drawn up, which amounted to about three times the number of the marine guard. They appeared to be militia, and with muskets. There was also another party on horseback, armed with swords, and a mall number with a field piece, which I presumed to be a six- pounder. After some conversation between the Commodore and the Alcalde, the former stated, that if refreshments were sent to the beach, they should be paid for ; at the same time stating to me, that he did not wish to bring all the men into the place, as he was afraid some excesses might be committed, which would put an end 385 to the peaceable settlement of the business. Commodore Porter then parted with the Alcalde, as I thought, upon friendly terms, left the place, accompanied by his officers, and returned to the beach. I omilted to mention, that, when I first received my in- structions from Commodore Porter, I had particular orders not to suffer my men to commit any outrages upon the property of the in- habitants along the road ; nor to commit any acts of hostility my- self^mless I met with resistance. On our return to the beach, I brought up the rear with the ma- rines ; we received the refreshments, after which we embarked, and went on board the schooners, and proceeded to the John Adams. A number of the inhabitants accompanied us to ihe beach. The ^persons who brought the refreshments refused to receive payment for them. Lieutenant Ritchie produced again by Capt. Porter : Q. Did Mr. Campos give any reason for advising Lieut. Platt and you to go to Naguaba, in search of the goods ; such as its being a noted piratical establishment, &c. ? A. He said it had been noted as a place of deposit for stolen goods, and that he had once before found goods there, which had been stolen. Q. By same Are you acquainted with the situation of Naguaba and Boca del Inferno, on the coast of Porto Rico ; and how far are they respectively from Faxardo and Ponce ? j9. Naguaba is about 20 miles from Faxardo, and Boca del Inferne about 15 miles from Ponce between Naguaba and Ponce. Q. By same Were those places, (Boca del Inferno, and Nagu- aba) also notorious as piratical haunts ? A. Both. Thomas B. Barton, a Lieutenant in the marine corps of the Uni- ted States, being sworn according to law, deposes and says : I was on board the Grampus, as passenger, for Thompson's Island On the 14th November last, about 8 o'clock in the morning, the Grampus and Beagle, with the boats of the Adams, entered the bar bour of Faxardo. The Grampus came to anchor opposite a two- gun battery, at which time 1 could plainly perceive fifteen or twenty persons in the battery, loading the guns and training them towards the Grampus. I immediately after received orders to proceed in the launch with Lieut. Pendergrast, first [It.jof the Gram- pus, with fourteen marines, the guard of the Grampus ; Lieutenant Pendergrast received orders from Commodore Porter to proceed in the direction of the two-gun battery, with as little hazard as possi- ble, and take the fort, spike the guns, and destroy the ammunition. We pulled off from the Grampus, from 1-2 past 8 to 9 o'clock. The people in the fort were, at the time, endeavouring to get the guns of the first to bear upon the launch. The course of the boat was altered, which prevented them from bringing the guns to bear upon 49 386 us. They motioned with tlaeir bands for us not to proceed. We succeeded in reaching the rear of the fort and landed ; and then, in reaching the fort, situated about 80 feet above the level of the ocean. Just at the edge of the fort, we saw about three or four of the Spaniards the rest had run. We immediately spiked the guns, and destroyed the ammunition, consisting of one round shot, one charge of powder, and a canister of small grape, musket balls and spikes. One gun was charge^ the other about half loaded, it had powder and ball, but the canister was not in it, both of them primed, and each having a lighted match along side. Agreeably to our orders, we immediately proceeded down to the beach, followed the motions of Commodore Porter who had first landed with ihe troops and sailors on the beach, near the road lead- ing to the town of Faxardo. On our arrival on the beach, Commo- dore Porter ordered me to remain in the rear to protect the boats at the landing. 1 had from twenty to twenty-five men, including marines and sailors. I was particularly ordered not to suffer a sin- gle person under my command to commit depredations on persons or property. The troops under the Commodore a short time af- ter, marched off on the road leading to the town of Faxardo. After an absence of about from two to four hours, the main body returned; after receiving some refreshments on the beach, we were ordered to re-embark for the Grampus and Beagle. Whilst on our way to the vessels, I could discover ei^ht or ten men in the fort endeavouring to draw the spikes out of the guns, but they could not succeed. We got on board, and proceeded immediately out of the harbour. Q. At what time was Lieut. Stribling despatched with the flag of truce ? Jl. I do not know. I believe that when we landed on the beach, both he and Lieut. Crabbe were on their way towards the town. Q. Were the Spaniards whom you saw in the battery armed ? .#. They had no small arms 1 believe. Elnathan Judson, a surgeon in the Navy of the United States, being duly sworn according to law, deposes and says : Q. By Captain Porter. Do you recollect a conversation between Mr. Platt and myself, when we first landed at the harbour of Faxardo, respecting the omission of Mr. Platt to bring Mr. Bedford on shore ; and my reply to his apology for the omission, that we must first inquire for the goods, and if found, we might send for Mr. Bed- ford to identify them, or any thing to that effect ? A. I recollect a conversation to that effect. Lieut. Platt again called. Q. By Captain Porter. Have you any recollection of asking the interpreter in presence of the Alcalde and myself, whether the goods you first came in search of had been found, and what was his answer ? A. I recollect perfectly well asking the question. It was after 387 the Commodore had been invited up to the village. He told me he was not aware of any discovery having been made. I xvas at the time in company with the Commodore, and within his hearing. The Court adjourned till 10 o'clock, to-morrow morning. WEDNESDAY, JULY 13th. The Court met pursuant to the adjournment of yesterday : pre- sent all the members of the Court, the Judge Advocate, and Captain Porter. The proceedings of yesterday were read. The Judge Advocate then read and submitted to the Court the following documents. Instructions to Commodore Porter, dated February 1, 1823, marked (4.) Commodore Porter to Secretary of the Navy, dated Nov. 15th, 1824, marked (5.) Lieut. Platt to Commodore Porter, dated November 11, 1824, marked (No. 6.) Stephen Cabot to Commodore Porter, dated November 12th, 1824, marked (No. 7.) Bergeest and VVhlhorn to Commodore Porter, dated Nov. llth, 1824, marked (No. 8.) The Judge Advocate stated that he had no further evidence to lay before the Court in support of the first charge and specification under it. Captain Porter, by his Counsel, submitted to the Court a certain paper hereunto annexed and marked (I.) Whereupon the Court was cleared to deliberate upon the same. After mature deliberation, the Court determined that it would re- ceive any communication from the Counsel of Capt. Porter in sup- port of the exceptions which he had taken to the second charge and the specifications thereof; but that all such communications must be submitted in writing: the Court also wishes that the same be presented with as little delay as possible, and after receiving them, the Court will proceed to deliberate upon the same. The Court being opened, the foregoing resolution of the Court was announced to the accused. The Counsel for the accused then applied for time till to-morrow morning;; whereupon, the Court adjourned till to-morrow morning, at 10 o'clock. THURSDAY, JULY HTH. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, the Judge Advocate, and Cap- tain Porter. The minutes of the proceedings of yesterday were read. Captain Porter handed to the Court a letter from Mr. Jones, his Counsel, stating that a severe indisposition would prevent him from attending before the Court to-day. Capt. Porter requested the further indulgence of the Court till to-morrow ; whereupon the Court adjourned till to-morrow morning, at 10 o'clock. 388 FRIDAY, JULY 15xir. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, the Judge Advocate, and Cap- tain Porter. The minutes of the proceeding? of yesterday were read. The Counsel of Captain Porter then proceeded to state to the Court the objections to the second charge and specifications there- of, which he stated had been drawn up with great haste, and while labouring under great indisposition, and would require to be fairly transcribed before the paper could be annexed to the record. This he promised to have done, and to transmit the paper to the Judge Advocate. The Court was cleared, and having come to the resolution that it could not act upon the paper read by the Counsel until it was laid before the Court, it would take no order on the subject until that was done ; whereupon the Court was opened, and adjourned till 12 o'clock, to-morrow. SATURDAY, JULY IGrn. The Court met pursuant to the adjournment of yesterday, and at four o'clock the Counsel for Captain Porter presented the paper which contained the objections read yesterday, and the Court ad- journed till ten o'clock on Monday morning. MONDAY, JULY 18. The Court met pursuant to the adjournment of Saturday : pre- pent, all the members, the Judge Advocate, and Captain Porter. The minutes of the proceedings of Saturday were read. The paper sub'initteil to the Court on Saturday. WHS read by the Coun- sel for Captain Porter, and annexed to the record, and marked (K 1,) After hearing the same, the Court was cleared, and it was deter- mined that the Court would receive the remarks, which the Judge Advocate had been requested to prepare, with open doors, and would then proceed to deliberate upon the questions that had been raised. The Court being opened, and the foregoing re.=olution announced, the Judge Advocate proceeded to read his reply to the objections that had been urged on behalf of the accused, which was annexed to the record, and marked (K 2.) Whereupon the Court was cleared, and after some time spent in deliberation, the Court was opened, and the following resolution announced : The Counsel for Captain Porter, after pleading generally, not guilty, under protest, and reserving a right at any future stage of the trial, to take exceptions to the form and validity of the charges and specifications, or any of them ; has now excepted to the second charge and specifications thereof, insisting that the same are defec- tivt- in form, and that the facts therein set forth, do not constitute any military offence, of which a Court Martial can take cognizance. 389 It being a matter of doubt, among some of the members of the Cour't and the Judge Advocate, whether a decision upon this question would necessarily involve a final decision of the case, and preclude the accused from proceeding, under the plea of Not Guilty, to of- fer any evidence in the case, and should the Court decide that it can take cognizance of the charge, &c. it being highly desirable thai the whole case should be fully investigated. The Court is de- sirous of obtaining the opinion of the Attorney General upon the following questions. 1st. Whether the second charge, and the specifications thereof, are drawn up with sufficient precision, and in legal form, and whe- ther the facts therein set forth, do allege offences, cognizable before a Court Martial? 2nd. Whether the decision of the Court, upon the exceptions taken, necessarily preclude the Court from calling upon the accu- sed to plead, absolutely to the said charge and specifications, and proceeding to trial thereon, or whether such decision will be final, notwithstanding any waiver by the Judge Advocate, of such con- sequence ? And that the same be transmitted to the Secretary of the Navy, with a request, that, he submit the same to the Attor- ney General of the United States, for his opinion thereon. Commodore Porter, having heard the order of the Court, refer- ring certain questions to the Attorney Gener.il, would renew the application, suggested the other day by his Counsel, to reply in writing, to the answer of the Judge Advocate, to his objections, against the second charge, and the specifications of the same ; if the questions are to be submitted to the Attorney General, accom- panied by the arguments, that have been submitted to this Court, on both sides of the question. The Court was cleared, to deliberate upon the application, and after some time, the Court was opened, and Captain Porter was in- formed, that the Court had decided not to receive any rejoinder ? The Court thereupon adjourned till 2 o'clock, to-morrow. TUESDAY, JULY 19 T H, 1825. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, the Judge Advocate, and Cap- tain Porter. The proceedings of yesterday were read. The Judge Advocate stated to the Court, that he had communi- cated to the Secretary of the Navy, the resolution of the Court, on yesterday, with the questions annexed to the same ; and that he had just 'received from the Secretary of the Navy, certain docu- ments, which were read, annexed to the record, and marked, L. M. and N. After reading the same, Captain Porter stated to the Court that, with a view of preventing any unnecessary trouble or difficulties, he would withdraw the exceptions that has been urged on his be- half, to the second charge and specifications, which, with the per- mission of the Court, should be done to-morrow, in writing, ami 390 liiat he would then state the consideration* by which he was guided. To this proposition the Court acceded. Whereupon the Court ad- journed till 10 o'clock, to morrow morning. WEDNESDAY, JULY 20, 1825. The Court met pursuant to adjournment of yesterday : present, all the members of the Court, the Judge Advocate, and Captain Porter. The proceedings of yesterday were read. Captain Porter stated to the Court, that he, being very much in- disposed, would ask permission of the Court to read, by his Coun- sel, the paper to which he had referred yesterday ; to this the Court acceded and Mr. Jones, the Counsel for Captain Porter, commenced reading the same. While proceeding to read it, the Judge Advocate stated, that he considered a part of the paper as objectionable, inasmuch, as it was a comment upon the reply read by him, to the exceptions which had been taken to the charge and specifications, and to which the Court had already announced its determination to receive no rejoinder. Whereupon, the Court was cleared, to deliberate upon the question : and after maturely examining and considering the paper submitted, the Court is of opinion, that all that part of the same, commencing on the second page, with the words, " I beg leave further to state, " and terminating at the bottom of the fourth page ; and the passage commencing on the fifth page, with the words, "whether it may hereafter " and terminating at the end of the first paragraph on the sixth page, is objectionable, on the ground stated, and as not pertinent to any matter or question now before the Court, for its consideration, and consequently cannot be received. Whereupon, the Court was opened, and the foregoing proceedings read by the Judge Advocate. The Counsel lor cap- tain Porter then proceeded to read to the Court, the paper, as re- ceived by the Court, which was annexed, and marked (O.) The Judge Advocate then read and submitted to the Court, the following documents, referred to in the first specification of the second charge. 1st. Copy of a letter from Captain Porter to the President of the United States, dated March 17th, 1825, certified by the Chief clerk of the Navy Department, to be a true copy from the original, filed io that Department. The Counsel for the accused, objected to the production of the certified copy of the letter to the President, and required the production of the original, which, as he stated, ap- pears to be in the Navy Department ; he further stated, that Cap- tain Porter believed, that a variance existed between the copy of- fered and the original, as to the date. The Court was cleared, and after some time spent in deliberation, was re-opened, and the deci- sion of the Court was read, that the copy certified by the Chief rlerk of the Department was not admissible in evidence. Cap- tain Porter then presented the following minute of explanation. 391 Captain Porter begs leave to explain, that bis call for the origi- nals, though founded on one of the most indispensable rules of evidence, which requires the best evidence the nature of the case admits, was not intended to stop the reading of the copies " de bene esse ;" with an understanding and proviso, that the originals, if extant, shall be produced : he observes some discrepancies be- tween the copies offered and his own ; and therefore wishes that exact accuracy shall be obtained by the production of the originals ; which he understands can be done without any inconvenience, since they appear to be among the archives of the Navy Department. The Judge Advocate then called upon Captain Porter to produce a certain correspondence between himself and Mr. Monroe, late President of the United States, bearing date the 10th and 12th days of March, 1825, being two notes from Captain Porter ot the aforesaid dates, to Mr. Monroe, and one note from Mr. Mon- roe, dated the 12th March, and such other note from Mr. Monroe, if any other there be, referred to in a letter from said Captain David Porter to the Secretary of the Navy, dated April 13, 1825. He further stated, that the Counsel for Capt. Porter, and Captain Porter himself, had been notified on the 8th July, instant, to produce the aforesaid papers on the trial of this case. To this application, Capt. Porter made the foil o\v ing answer : In answer to the call made by the Judge Advocate for the produc- tion of a certain correspondence, between Cap. Porierand Mr. Mon- roe, late President of the United States, dated on the 10th and 12lh days of March last ; being two notes from Capt. Porter of the afore- said dates to Mr. Monroe, and one from Mr. Monroe, dated on the 12th, he remarks, from the reference to dates, after Mr. Monroe had ceased to be President of the United States, that a corres- pondence merely private and unofficial, is what this call pur- ports to have designated. He conceived the specifications vague and uncertain enough, when it accused him of the \vriting of in- subordinate and disrespectful letters, of which, neither the iden- tity nor the exceptionable passages were pointed out ; other- wise than by a naked reference to dates ; but now, letters to which not one of the specifications purport to bear the remotest reference, are called for. Capt Porter, in answer to this call, has only to say, that it is incumbent on the Judge Advocate in the first instance, to shew the relevancy of this correspondence to the matter in issue, which of course will include the kindred question. By what right is the private and unofficial correspondence of the accused to be subjected to this inquisitorial power? Is he to be compelled to disclose his private correspondence, merely to have it examined to see whether it contain any criminating matter ? And it it should be subjected to this inquisitorial power, and should appear to have been so offensive in its language, is it to be contended that he could be called to account before this Court, for any offence that could be taken at an unpublished correspondence '.' But he has this only to remark, in conclusion, that as Mr. Monroe is a party to the alleged correspondence, is the depository of a part 392 or the whole of it, and of course is entitled to all the inviolate sanc- tions of a private correspondence ; when he shall give up his part of it to the prosecution, or when it shall be authentically certified to Capt. Porter that Mr. Monroe desires the disclosure of it, (hen it will be time enough to call upon Captain Porter to decide on the expediency of surrendering such parts of the correspondence as may be in his hands ; but he reverts to the original question, and demands from the Judge Advocate an explanation, under what spe- cification, and for what purpose this newly designated correspon- dence, prima facie, so foreign to any thing in the matter of the ac- cusation, is to be offered in evidence ? The Judge Advocate then called upon the Court for permission to issue interrogatories, to take the deposition of Mr. Monroe. The Court was cleared to consider this question, and it determined that the deposition of Mr. Monroe, may be taken upon interrogatories. Whereupon the Judge Advocate was directed to prepare his inter- rogatories, and to submit the same to the accused, who shall be at liberty to file cross interrogatories, if done without delay, and that the same be transmitted to the witness with a request that he answer the same, and swear to such answers before any judge, magistrate, or notary public, and that the same be deemed a sufficient authenti- cation of such evidence. Whereupon, the Court was opened, and this decision announced. Capt. Porter having heard the order read, directing the deposi- tion of Mr. Monroe to be taken, on interrogatories, as well on the part of the Judge Advocate as of the accused, suggests, that before he can frame any interrogatories on his part, discreetly pointing to the gist of the accusation, which the correspondence before alluded to, between himself and Mr. Monroe, or the deposition of the latter, may be cited to support it, will be necessary for the requisition upon the Judge Advocate, contained in Capt. Porter's answer to the call for the said correspondence, to be complied with ; namely, to declare, specifically, the purpose and object of offering the said correspondence in evidence ; and the particular point of the accu- sation to which it is supposed to relate. Capt. Porter begs leave further to suggest, that the interrogatories to be exhibited to Mr. Monroe, on the part of the prosecution, will probably only go to the authentication of the supposed correspondence which can of course, afford no clue to divine the purpose, or the gist of the ac- cusation, for which the correspondence is wanted. The Judge Advocate inquired whether the foregoing was designed as an application to the Court ; to which the Counsel of Capt. Por- ter replied, that it was an application to him. The Judge Advocate then remarked that he must answer in the negative, and decline going into any specification. It was then said by the Counsel for the accused, it would be deemed an application to the Court. The Court was cleared to deliberate upon the application on the part of the accused, and when it was opened, it wa? announced that the application is not complied with. The Court then adjourned till 11 o'clock, to-morrow morning. 393 THURSDAY, JULY Slsr. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, the Judge Advocate, and Cap- tain Porter. The proceedings of yesterday were read. The Judge Advocate then proceeded to read, (it being admitted that the original is in the handwriting of Captain Porter,) the original letter from Capt. Por- ter to the President of the United States, and it appearing that the same corresponded with the certified copy which was offered yes- terday, with the exception that the word President was written at full length in the one, and Prest. in the other ; that Mr Randall's name was, in the original, spelled with one /, and with two in the copy; and that the date of the original was, April 17th, 1825, and that of the copy, 17 April, 1825. The variations were corrected, and the copy annexed to the record, and marked (5.) The Judge Advocate stated that he had left the documents, which it was de- signed to exhibit in evidence, at the Navy Department, with a re- quest that they might be particularly compared with the originals, and that they should be brought down by a witness, prepared to swear to their accuracy. The Judge Advocate further stated, that, at the opening of the Court, this morning, he had submitted to the counsel for the accu- sed, the interrogatories to be propounded to Mr. Monroe, for the purpose of having the cross interrogatories annexed thereto, and that it was important to have the same completed, that they might be transmitted without delay ; the counsel for the accused replied that he had been unable to complete the same, but would have it done by the opening of the Court in the morning. Captain Porter then submitted to the Court the following paper : Captain Porter having been this day, after the meeting of the Court, served by the Judge Advocate with a copy of his interroga- tories to Mr. Monroe, to which he perceives, is annexed the origi- nal correspondence, alluded to in the call made upon Capt. Porter by the Judge Advocate yesterday ; that is, the original letters of Capt. Porter, of the 10th and 12th of March last, and the rough draught of Mr. Monroe's answer, of the /2th, which dispenses Capt. Porter from any delicacy in saying that he admits the authenticity of the said letters ; but being still uninformed of the purpose in- tended by the introduction of the same, reserves all proper objec- tions to the relevancy and admission of the same as evidence, when the same shall be offered as such evidence. The Court having continued in session until near three o'clock, and no witness having appeared, the Court adjourned till 10 o'clock, to-morrow morning. FRIDAY, JULY 22o. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, the Judge Advocate, and CaptaiR Porter ; the proceedings of yesterday were read. 50 394 John Boyle, a witness, being called, and duly sworn, according to law, deposes and says : Q. Are you a clerk in the Navy Department ? A. I am. Q. Have you carefully compared the papers, now shewn you, with the originals on file in that Department, and are they exact copies ? Jl. I assisted in the examination of the papers : all those from Commodore Porter were compared with the originals those to him were compared with the records in the Department. The origi- nals of these letters were transmitted to Capt. Porter. I believe them to be true copies. The Judge Advocate then proceeded to read the following docu- ments : 1st. The residue of the letters referred to in the 1st specifica- tion of the 2d charge, (marked) 6, 7, 8, 9. 2d. The pamphlet referred to in the 2d specification, (No. 11,) with the letter transmitting the same to the Secretary of the Navy, (10,) the publication of the pamphlet being admitted, the accused submitted to the Court his cross interrogatories, accompanied by i\ protest. The Judge Advocate stated to the Court, that an asser- tion was contained in (hat protest, in the following words : " Hav- ing repeatedly called upon the Judge Advocate for some precise specification of the circumstances, wherein the supposed guilt im- plied by the accusation under the head of the 2d charge consists ;" that this assertion contains the first intimation he has ever received of such application. He wished also the opinion of the Court, whe- ther the protest should be transmitted to Mr. Monroe, with the in- terrogatories. The Court was cleared, and when it was opened, the opinion of the Court was announced, that such protest was not proper to transmit to the witness, but that the same may be annex- ed to the record, which was accordingly done, and marked (12.) The reading of the pamphlet continued until half after three o'clock^ when the Court adjourned till ten o'clock, to-morrow morning. SATURDAY, JULY 23D. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, the Judge Advocate, and Cap- tain Porter. The proceedings of yesterday were read. The Judge Advocate stated, that the interrogatories and cross interrogatories, submitted yesterday, had been put in the way of going to Mr. Monroe, without delay, accompanied by a letter urging his immediate reply, and pointing out the mode in which the depo- sition should be authenticated, which letter had been previously submitted to the accused and his counsel. The reading of the pamphlet was continued and concluded. 395 The Judge Advocate then proceeded to point out the particulars in which the statement of the proceedings of the Court of Inquiry was deemed incorrect ; and submitted a copy of the original record of the proceedings of the Court of Inquiry, which was compared with the original record in the presence of the Court annexed and marked No. 13. The Judge Advocate stated that he would parti- cularly state such variances in writing. The Judge Advocate then submitted to the Court the National Journal of June 16th, 1825, containing a publication which Captain Porter admitted to be his, under date of June 15th, 1825, annexed and marked No. 14. Th% Court then adjourned till ten o'clock on Monday morning. MONDAY, JULY 25TH, 1825. The Court met pursuant to the adjournment of Saturday : pre- sent, all the members of the Court, the Judge Advocate, and Capt. Porter. The proceedings of Saturday were read. The Judge Advocate stated that he had received no answer from Mr. Monroe but expected to have it in the course of the day. The Judge Ad- vocate proceeded to read his note of all the variances which he had discovered between the original record and the proceedings of the Court of Inquiry as published by Capt. Porter, which was an- nexed and marked (15.) A paper was read by the Judge Advo- cate, containing a statement of certain facts, agreed to by both sides, dispensing with the attendance of witnesses to establish them, which was also annexed and marked (16.) William W. Seaton, Esq. being duly sworn according to law, de- poses and says : Q. Are you one of the editors of the National Intelligencer ' A. Yes. Q. Is the paper now shewn you, of March 30th, 1825, one of the numbers of that paper from your office ? A. Yes. Q. From whom were the official documents therein printed pro- cured, purporting to be from the Secretary of the Navy to Com- modore Porter, and from Commodore Porter to the Secretary of the Navy, being four in number ? A. The shortest and most acceptable way of answering the ques- tion, will be to read a correspondence between the Secretary of the Navy and ourselves upon this subject, which will shew what answer I am prepared and willing to give. [The Court was cleared, and decided that it would accede to the request of the witness, and hear the letters read, to which he had referred, and being opened, this decision was announced ] The letters referred to were then read, annexed, and marked 17, 18, and 19. I am not willing for the reasons stated in the letters read, to give any other answer than that which we gave to the Secretary of the 396 Navy. The President of the Court having directed the Court to be cleared, the accused, by his counsel, stated that perhaps the dif- ficulty might be obviated, and read and submitted to the Court the following paper : Captain Porter, having heard the evidence of Mr. Seaton, and the correspondence between Messrs. Gales and Sealon and the Sec- retary of the Navy, as to the author of the publication of a certain correspondence between the Secretary of the Navy and Captain Porter, in the National Intelligencer of the 30th March last, and perceiving that the witness, as editor of a public Journal, has claim- ed a privilege, as well before this Court, as in his correspondence with the Secretary of the Navy, to withhold the name of tfce au- thor of any publication, not impeached of falsehood, and that the Court is about to deliberate upon the objection of the witness to disclose the author of the publication in question ; Captain Porter has no hesitation to admit now, as he would have avowed to the Secretary of the Navy, if he had pleased to have directed his in- quiries to Captain Porter, instead of the Printers, that he did com- municate and cause to be published in the Intelligencer of the 30th March last, the correspondence between himself and the Secretary of the Navy, which that paper purports to contain. The Judge Advocate then submitted to the Court the National Intelligencer, of March 30th, 1825, containing certain correspon- dence between the Secretary of the Navy and Capt. Porter, annex- ed and marked (20.) Peter Force, a witness, being duly sworn according to law, de- poses aud says : Q. Are you the editor of the National Journal ? A. Yes. Q. Look at a communication in your paper of June 16th, 1825. From whom did you receive that, and when ? Ji. I received the note and the accompanying documents from Commodore Porter, on the day of the date of it, June 15th, 1825. Q. Did any, and what conversation take place between yourself and Commodore Porter, in relation to the letter dated June 14th, 1825? A. (Commodore Porter having, on a suggestion of the witness, absolved him from all obligation of secrecy,) 1 read the letter in the presence of Commodore Porter, and perceiving that, as I under- stood it, Com. Porter attributed an anonymous communication which had appeared in the Journal of the 13th, to the Secretary of the Navy ; 1 informed Commodore Porter that it was not from the Sec- retary of the Navy, and also told him i was authorized by the ;mthor of the communication to inform him by whom it was written, when properly requested so to do. He replied by declining to hear by whom it was written. This took place on the 15th June, when I received the communication, the day before it was published in the newspaper. At the same time, I mentioned to Commodore Porter that Che anonymous communication was not by the Secretary of the 397 Navy ; he remarked, I think the similarity of the language in the letter from him of the 13th June, (one of those in that commu- nication,) with the anonymous note published in the Journal, was sufficient to warrant the opinion he had formed. Cross Examined on the part of the Accused. Q. When you remarked, in reference 1 to my letter to the Secre- tary of the Navy of the 14th June, that 1 was mistaken in suppos- ing that the Secretary was the author of the anonymous note re- ferred to, did I not point out to you the striking resemblance and cor- respondence between the date and the language of that note, and the Secretary's letter of the 13th June ? A. \ aai under the impression that Commodore Porter referred to it, but rannot recollect whether he pointed it out. Q. Did you not express yourself as struck with these resemblan- ces, in so much that if you had not known the real author of the anonymous note, you might have drawn the same conclusion ? A. No. I think I expressed no opinion of the kind ; I think I ob- served there was a resemblance. Q. Did I not remark to you, that whether the Secretary did or did not actually write or communicate the anonymous note, circum- stances justified me in concluding, at the time 1 writ my letter of the 14th June, that the note had come from an official source, and had been approved or countenanced by him ' A. I think Commodore Porter did make such a remark in sub- stance. The Judge Advocate stated that he had now submitted to the Court, all the testimony which he proposed laying before it at the present stage of the proceedings, with the exception of Mr. Monroe's deposition. Captain Porter intimated his readiness to proceed with the evidence on his part. John Simpson, a witness, produced on behalf of the accused, de- poses and says : Q. (By the accused.) Were you employed by me, during the sit- ting of the late Court of Inquiry in my case, to copy from the Judge Advocate's record, the proceedings ot the Court for my use ? A. I was. Q. Were you furnished by the Judge Advocate, with his minutes of the proceedings, for the purpose of being copied for me ? A, I was. Q. Were the copies which you did make of those minute?, made carefully and accurately, and word for word with the original as it then stood ; except the statement given in the first day's proceed- ings, of what I said in answer to the question, whether 1 had any objection to offer against either of the members of the Court? A. The copy I made was a true copy. Q. Were you present on the first day of the Court when I sta- ted my objection, and did you take particular notice of my words, and accurately recollect them ? 398 jf. I do not now recollect them. I took particular notice, and re- collected them for some days after. Q. Examine the two statements of the terms of my said objection. First, as it appears at P. 5. of the copy of the original record now shown you ; and, secondly, as corrected at P. 22 of the same docu- ment ; and say, according to the be*t of your recollection now. and when the subject was newer and fresher in your memory, which of these is the true statement of the terms in which I originally sub- mitted that objection ? [The witness is here shown the copy of the original record, pro- duced in evidence by the Judge Advocate on Saturday and those passages of the same, wherein the original minutes of Capt. Porter's objection is entered, in the proceedings of Monday, May 2d, and cor- rected in those of the Thursday following, are designated for the examination of the witness.] A. I have a recollection of this. The last is the correct one. Q. Examine the nine sheets of paper now shown you, and say whether they be the original manuscript, in your own hand-writing, of the copy which you took, as you have before stated, from the mi- nutes furnished you by the Judge Advocate ? A. They are the original manuscript of my copy, and are an ex- act copy of the notes furnished me by the Judge Advocate. (They extend as far as the end of the first paragraph on P. 27 of the pam- phlet.) Crow examined by the Judge Advocate. Q. Can you say that no error or omission was by accident made by you in your copying ? Jl. I believe there was not any. Q Was the copy compared with the original, and with whose as- sistance ? J. I read it over myself. Q. Look at P. 23 of the pamphlet, and see whether the words " holds the highest commission which " were not omitted by you in copying ? A. \ do not think I omitted any thing in copying. Q. Look at the paper handed you, and see if it be the original paper from which you took that part of your copy ? (The Judge Advocate here exhibited to the witness his original note of this part of the proceedings of the Court of Inquiry.) A. I cannot be positive. Q. Were the papers, submitted to the Court of Inquiry, by Capt. Porter, in your hand-writing, exact copies of the original ? A. They were. Q. Did you copy the latter part of the paper marked B ; I mean the copy from which the pamphlet was published ? A. I think I copied it ; I am not certain. Q. Was the copy furnished Capt. Porter of that paper, an exact transcript of the original ? 399 A. Yes. Q. Did Capt. Porter, lo your knowledge, ever compare or assist in comparing your copy with the original from which it was taken 1 A. No. Q. Do you know whether the original notes were read to the Court of Inquiry, as the record of its proceedings, or a fair tran- script of the same ? A. I do not think the original notes were. Q. Do you know whether the record read, was ever rectified publicly, as for instance, at the request of a witness ? A. 1 do not. Q. Was not a letter in your hand writing, transmitted to the Court of Inquiry, found to be dated March 6th, instead of May 6th, by your mistake ? A. Yes. Q. Have you any more confidence in the accuracy of the copies which you have now sworn to, than you had in that before the error was pointed out ? A. I have more confidence. Q. Did you conceive it possible that any inaccuracy had been committed on that occasion by you in copying that letter, before Capt. Porter informed you of the mistake in date, and did you not request to see the paper in your own hand-writing, before you would believe that it could have been made ? A, I did not know that I had committed the mistake until I saw it. Re-examined by Captain Porter. Q. Did I frequently enjoin upon you, whilst engaged in copying the minutes of the Court of Inquiry, to be very particular and ac- curate ; and did you take particular pains to be so ? A. I did take particular pains to be so. Captain Porter saw I was very particular, and I do not know that he made any such re- quest of me. Q. (By a member of the Court.) Are you much in the habit of copying from M. S., and were the notes written in a fair, legible hand? A. I have copied a good deal, and the notes from which I copied, were fair and legible. 9 Q. (Captain Porter.) Look at the sheet of paper now shown you, and say whether it be the same, or like the hand-writing of the minutes from which you copied ? A. I think all 1 copied, was in that hand writing; some came after, which I did not copy, in a different hand. It is admitted, that the paper shown, was in the hand-writing of Mr. Harrison, in whose hand also, the original part of the original record is ? Q. Was your transcript of my letter, in which the mistake of the date occurred, as above mentioned, taken from my rough 400 draught, and are my rough draughts generally written in a fair hand, or in a very hurried, rough way ? A. 1 do not recollect particularly ; it was very easily read. I read Commodore Porter's rough draughts very easily. I was Captain Porter's clerk about fifteen months. The Court adjourned till 10 o'clock, to-morrow morning. TUESDAY, JULY 26xn. The Court met pursuant to adjournment of yesterday : present, all the members of the Court, the Judge Advocate, and Captain Porter. The proceedings of yesterday were read. John T. Ritchie, a Lieutenant in the Navy of the United States, a witness, produced on the part of the accused, being duly sworn according to law, and examined by Captain Porter, deposes and says : Q. Examine the four sheets of paper now shown you, and say in whose hand-writing the same are ? [The witness is here shown the manuscript copy, from which was printed what is contained in the pamphlet, given in evidence, under the second and third and fourth specifications of the second charge, from where the manuscript copy proved by John Simpson yesterday, ended on page twenty-seven, to the end of the para- graph ending with the words "at 11 o'clock," on page thirty-two of the same pamphlet.] A. The first three are in the hand-writing of Mr. Sarazaa ; the last sheet is in the hand writing of Mrs. Simpson, wife of Mr. John Simpson, with the exception of a few words in the lat- ter part of it, (of which I have no knowledge ;) the word which in the fourth line from the bottom, and the word being in the third line from the bottom ; these words are in the hand-writing of Cap- tain Porter. Q. What was the character, and in whose hand -writing was the original, from which those sheets were copied ? A. They were part of the proceedings of the Court of Inquiry, and in the hand-writing of the Judge Advocate. Q. Did you carefully and accurately compare these four sheets, with si ch originals, and are they exact copies ? Pleas^ state the manner in which you compared the copy and the originals ; and whether you are certain of the accuracy ot the copy ? A. I think I read them over, the first three sheets two several timrs. First I read the copy with another person, (my wife) who was looking over the original, and afterwards read over the origi- nal, she having the copy. 1 discovered no error throughout. The last sheets I examined in the same manner, with Mrs. Simpson. Q. What has become of Mr. Sarazau ; has he left this part of the country ? A. I believe he is in the city of Washington, but I have not seen 401 him myself since soon after this thing occurred. Philadelphia is hia home, and he may possibly have gone there. Cross Examined on the part of the Judge Advocate. Q. Do you know whether Captain Porter ever saw the original papers, from which the copy was taken ? A. I do not. Q. Would you now recognize any ode of these papers as such original ? A. I think not. The Judge Advocate then read a sentence from what he stated to be the original minute, furnished after the proceedings of Monday, May 9th, and exhibited the paper to the witness. Q. Can you not recollect this paper to have been the paper from which the proceedings of that day were copied, from the sealing wax dropped on it ; and is the second paragraph in the one an ex- act copy of the other ? A. I cannot identify the paper; on a comparison, there appears an entire line omitted. Martin King, a witness produced on the part of the accused, being duly sworn according to law, and by him interrogated, depo- ses as follows : Q. Were you at the time of the printing and publishing of my pamphlet, (now shown you,) and are you still foreman in the Print- ing-office of Davis &. Force, when that pamphlet was printed ? [The witness is here shown the pamphlet formerly given in evi- dence by the Judge Advocate.] A, I was then and am now. Q. Examine the thirteen sheets of paper, writing now shown you ; and say whether they be the identical copy from which that pamphlet, or so much of it as is composed of that copy, was printed ? [The witness is here shown the same nine sheets of copy men- tioned in the evidence of John Simpson, and the four sheets men- tioned in the evidence of Lieutenant John T. Ritchie.J A. I believe them to be the same. Q. Were the proof sheets of the pamphlet, diligently and care- folly compared with the copy, and every typographical error that was detected, carefully corrected ; and was this comparison made both by the proofreader in the Printing-office, and by myself? A. They were ; I read them over twice, and Captain Porter read them over once. Question by the Judge Advocate. Was all the copy from which that pamphlet was published, with the notes marks to the different documents therein contained, communicated by Captain Porter for the purpose of printing that pamphlet, and was he satisfied with its accuary ? A. No complaints were made by him of any want of accuracy I saw one or two noticed in the public prints, such as clothes for C6 - lours, and perhaps one or two others of the same kind. The accused then submitted to the Court, a letter from R. S. Coxe, the Judge Advocate, dated May 21st, 1825, which was read, annexed to the record, and marked (21.) The Judge Advocate stated that he wished it to appear on the re- cord, to what application that letter was an answer, and that he was desirous of exhibiting before the Court, the same statement in re- gard to it, which he had before submitted to Captain Porter, annex- ed and marked (22.) William W. Seaton called by the accused. A question was pro- posed to Mr. Seaton on the part of Captain Porter. The Judge Advocate stated that he felt great reluctance to interpose any diffi- culty in the way of any investigation which the accused might deem it important to pursue ; but that the question now stated, and the inquiry designed to be made, appeared to him so wholly foreign to the inquiry in which the Court was engaged, that he felt it incum- bent upon him to take the opinion of the Court upon the subject. The object of the accused had been communicated to him, but he wished it to be submitted in writing to the Court, to enable it to de- cide upon the point with accuracy. The reasons having been stated, the Court was cleared, and after having maturely considered the same, the Court is of opinion that the question be put which decision was accordingly announced. Mr. Seaton was then called. Q. (By Captain Porter.) Look upon the 3d paragraph of the 3d page of the National Intelligencer, under date of May 5th, 1825, in the words " We are informed that we did not exactly understand, and of course did not accurately state, the ground on which the ex- ception taken by Commodore PORTER to the Court of Inquiry now sitting in this city, was overruled by the Secretary of the Navy. The Lelter of the Secretary to the Court stated, that, as far as the Secretary could be called upon for an opinion on that question, Comm. P. ought to have made his application to him at an earlier day, but that the opinion of the Department, as to the legality of the manner in which the Court was composed, had been expressed in the very act which created and convened the Court, and that no- thing was discovered in the argument of Comm. P to change the opinion. The act of the Department was placed, therefore, on the ground of its legality, by the Secretary, and not on the ground of time in taking the exception, that circumstance being incidentally in- troduced into his letter. Our information was obtained in current conversation, and was inaccurate only from not being as fully stated as it might have been," and sa\ by whose request that paragraph u a- published, and by whom it was communicated, in terms or in substance ? A. I cannot answer the question with propriety. If it be not absolutely essential for the purposes of justice, I should prefer, for tbe reasons stated yesterday, not to give any other answer. I have 403 An additional reason in this case for declining, because the commu- nication was expressly a private and confidential one. The Court was cleared to deliberate upon the course to be pur- sued. Upon the opening of the Court, it was announced, that the Court is of opinion, that although from a wish to afford every faci- lity to the accused, in pursuing any investigation which he may deem important, it did permit the question proposed to be pro- pounded, and would have permitted the witness to answer it ; yet, when the Court is called upon to determine whether it will exer- cise the power which the law confers of coercing the witness to an- swer the question, assumes a more serious aspect ; and the Court, after mature consideration, is of opinion, that the question proposed, is one which cannot, in any material degree, affect the case of the accused, and therefore will not compel the witness to reply to it. The counsel for the accused then prepared and presented ano- ther question, which the Judge Advocate stated was liable to the same objection as before. The Court was cleared, to determine whether or not, it should be propounded to the witness. The ques- tion is as follows : Q. Did the paragraph in question, proceed directly or indirectly from the Secretary of the Navy ; and what agency had he, if any, in preparing it for the press, and causing its publication. After having deliberated upon the same, the Court determined that the question Should not be put. The Court adjourned till ten o'clock, to-morrow morning. WEDNESDAY, JULY 27TH, 1825. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, the Judge Advocate, and Cap- tain Porter. The minutes of the proceedings of yesterday were read. The counsel for the accused proposed reading a paper to the Court ; the President of the Court announced to him that the opi- nion of the Court yesterday was, that all communications be sub- mitted to it through the Judge Advocate. The counsel declining to pursue that course, the Court was cleared, and when it was opened, it was announced that the Court has decided that the following rule of practice be adopted. The accused may submit his communications in writing to the Court ; the same shall then be publicly read by the Judge Advo- cate, the Court reserving the right of admitting and receiving the papers, or any part thereof. The counsel for the accused then submitted a petition to the : Court, calling upon the Court to have the Secretary of the Navy summoned to attend as a witness, or that interrogatories be transmit- ted to him, stating his reasons for the same. The Judge Advocate observed, that the uniform practice had been, both in this case and others, for the accused to hand him the names of such witnesses as 404 he wished to be officially summoned ; that such request had been uniformly and promptly complied with. That no application had been made to him for such summons for the Secretary of the Navy: had it been, it should have been afforded the accused without hesita- tion ; and if now made, should be granted at this time. The Court was cleared, and when it was opened, it was an- nounced that the paper will not be received, and the Judge Advo- cate is directed to return the same to the accused, which was ac- cordingly done. '1 he Judge Advocate received a letter from Mr. Seaton, with a request that the same be laid before the Court, which was accord- ingly done, annexed, and marked (22.) The counsel for the accused, stated that he had nothing to sub- mit to the Court at this time. Gustavus Harrison, a witness produced by the Judge Advocate, being duly sworn according to law, and by him examined, deposed as follows : Q. Were you employed by me, during the sitting of the Court of Inquiry in the case of Captain D. Porter, to copy the proceedings of the Court from my minutes ? A. Yes, Q. Look at the original record now shewn you, and say whether you copied the proceedings of the said Court, excepting those of the last day ? A. It is all in my hand-writing, with the exception of some correc- tions, and the proceedings of the last day. Q. At what time were you furnished with the minutes from which you took the copy; when did you return me your copy, and when were those corrections made ? Jl. 1 generally received them about four or five o'clock in the af- ternoon, after the adjournment of the Court, I copied them and re- turned them the next morning, before the meeting of the Court, we then examined them, and the corrections were made. (^. From the time the 'copy was made by you until after those corrections were made, was it in the power of any one to have taken a copy from either of those papers, and do you believe any such copy was at any time taken ? A. I am positive that it was not. The accused not being prepared to cross examine the witness at this time, the Court adjourned till ten o'clock, to-morrow morning. THURSDAY, JULY 28 TH . The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, the Judge Advocate, and Captain Porter. The minutes of the proceedings of yesterday were read. Mr. Harrison being again called by the accused, was by him in- terrogated as follow? : 405 Q. Examine the several interlineations, and erasures, in the re- cord proved by you yesterday as your transcript from the original minutes of the Judge Advocate, at pages 7, 8, 21, 25, 26, 31, 32, 38, 40, the adjournment at page 38, and the note at the bottom of the page 41 , and say by whom they appear to have been made ? A. The interlineations appear to be in the hand-writing of Mr. Coxe ; I cannot say whether the erasures were made by him or by myself, the adjournment at p. 38, is in my own hand-writing, the note at p. 41, is in the hand- writing of Mr. Coxe, the (7) in page 41, is I believe, Mr. Coxe's. Q. Can you recollect, with certainty, whether the original min- utes, when given to you to copy, had in them the words and passa- ges which now appear interlined, erased and added, at the pages above mentioned of the said transcript ? Jl. I do not know that I can with certainty. Q. From your recollection of the general accuracy or inaccu- racy of your transcript, as originally made, can you say that you made the mistakes, which these alterations, now appearing on the face of the transcript, indicate ? Jl. 1 cannot say that I made all of them ; I know that I matle a considerable number. Q. Refer more particularly to the interlineation at p. 7, and the note at the bottom of p. 41, and say whether you have any recol- lection of having made those mistakes ? A. I cannot say whether or not it was my omission. Q. When did you first see that part of the record, giving the last day's proceedings, stated as in the hand-writing of the Judge Advo- cate ; and do you know any thing of the penciled interlineation in the second paragragh of the same ? A. I do not recollect seeing that part of the proceedings, until it was shewn me yesterday, and I know nothing of that interlineation ; all that I recollect is, that, when I called, as usual, for the proceed- ings of that day, 1 was informed, by Mr. Coxe, that it was copied by him for the purpose of being transmitted to the Department, or words to that effect : I do not think I saw the proceedings of that day, at all, until I saw it yesterday. Question by the Judge Advocate. Q. Have you any recollection of my making, on one or more oc- casions, so many corrections, in your transcript, that you proposed taking it back with you to make a fair copy ? and what passed on that occasion ? A. I do recollect there were so many corrections in one day's work, as to induce me to ask to re-copy it. Your reply was, that there was not then time ; that you had to carry them out with you to the Court, to read them as the proceedings of the Court. On the part of the accused : Q. Did you ever make more than one copy of the record ? A. I have no recollection that I ever did ; I think I may have made other copies of papers exhibited by Commodore Porter, but I think I never did for the record. 406 Q. Look at the sheet now shown you, and say if it be in your hand- writing ; at what time you copied ; whether before or after you made the transcript for the Judge Advocate ; and from what paper the orignal or your transcript, did you copy it ? [The witness is here shown a loose sheet, purporting to be a copy of so much of the record as begins with the words " the room was cleared," on page 2 1 , and ends with the words, "10 o'clock to-morrow morning," on page 24.] A. The paper is in my hand writing, and I have a perfect recol- lection of the circumstances under which I copied it. When I gave the answer I did just now, I thought the paper I had made two copies of was an original paper submitted by Com. Porter : I now find it was an answer to one of his papers : 1 copied this be- fore copying the record from the minutes of the Judge Advocate, for the use, as I understood, of Com. Porter, by the direction of, Mr. Coxe, and it was, I believe, the only paper I copied in his office. The Judge Advocate stated then, that if there was nothing fur- ther ready on the part of the accused, he should now offer the de* position of Mr. Monroe, in answer to the interrogatories heretofore sent to him. The accused desiring to see the papers which it was proposed to submit to the Court, the same were handed to him by the Judge Advocate, and after being perused, were returned. They were accordingly (no objection having been made,) read, and submitted to the Court, as follows : 1st. The letter from Mr. Monroe to the Judge Advocate, dated July 25th, 1825. (23.) 2d. The interrogatories, cross interrogatories, and answers there- to, sworn to before Mr. J. Bailey, a magistrate in Loudon county, Virginia, July 25th, 1825. Marked (24,) (25.) 3. The copy of a note from Capt. Porter to Mr. Monroe, dated May 10th, 1825. (26.) 4. Copy of Mr. Monroe's answer, dated March 12th, 1825. (27.) 5. Capt. Porter's reply dated March 12tb, 1825. (28.) 6. Certified copy of a letter from the Secretary of the Navy, dated 21st October, 1824, to Commodore Porter. (29.) It was also agreed, that the documents annexed to the original re- cord, as given in evidence before the Court of Inquiry, and endors- ed and numbered by Commodore Chauncey, the President of said Court. The Court adjourned till ten o'clock, to-morrow morning. FRIDAY, JULY 29xH, 1825. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, (excepting Captain Biddle,) the Judge Advocate, and Captain Porter. Capt. Spence stated that Capt. Biddle was prevented by sickness from attending to-day. 407 The minutes of the proceedings of yesterday were read. Capt. Porter stated to the Court, that Mr. Jones (his counsel) was en- gaged in the necessary arrangements and business of this case, and that he had nothing at this time to lay before the Court; whereupon, The Court adjourned till ten o'clock, to-morrow morning. SATURDAY, JULY 30TH, 1825. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, (excepting Captain Biddle,) the Judge Advocate, and Captain Porter. The President announced to the Court that, although Capt. Bid- die was much better than he was yesterday, he still continued too much indisposed to resume his seat. The Judge Advocate then submitted and read to the Court the fol- lowing documents ; some of which were presented at the request of Captain Porter, the residue by the Judge Advocate, to complete the chain of the correspondence. 1st. Copy of letter from Smith Thompson, Secretary of the Navy, to Com. Porter, dated Navy Department, August 19th, 1823. (30.) 2nd. Copy of letter from Samuel L. Southard, Secretary of the Navy, to Commodore Porter, dated Navy Department, September 29th, 1823. (31.) 3rd. Extract of letter from the Secretary of the Navy, dated September 30th, 1823. (32.) 4th. Copy of letter from I. Chauncey, acting Secretary of Navy, to Commodore Porter, dated Navy Department, October 28th, 1823. (33.) 5th. Extract of letter from Commodore Porter to the Secretary f the Navy, dated November 19th, 1823. (34.) 6th. Extract of Instructions from Secretary of the Navy, to Com. Porter, dated December, 1823. (35.) 7th. Copy of letter from Samuel L. Southard, Secretary of Navy, to Commodore Porter, dated Navy Department, May 17th, 1824. (36.) 8th. Copy of letter from D. Porter to Secretary of the Navy, dated Sea Gull, Matanzas, May 28tb, 1824. .'37.) 9th. Copy of letter from Samuel L. Southard, Secretary of the Navy, to Commodore Porter, dated Navy Department, May 31st, 1824. (38.) 10th. Copy of letter from Commodore D. Porter to Secre- tary of the Navy, dated Washington, June 25th, 1824. (39.) llth. Copy of letter from Charles Hay, for Secretary of the Navy to Commodore Porter, dated Navy Department, June 29th, 1824. (40.) 12th. Copy of letter from Commodore Porter to the Secretary of the Navy, dated Washington, August llth. 1824. (41.) 408 l3tb. Extract of a letter from Charles Hay, (handed in by Com- modore Porter) to Commodore Porter, dated George Town, D. C. September llth, 1824. (42.) 14. Copy of letter from Samuel L. Southard, Secretary of the Navy, to Commodore Porter, dated Navy Department, October 14th, 1024. (43.) It was also agreed, that the official reports of Lieutenant Sloat, and the accompanying documents and correspondence printed in the pamphlet, from page* 100 to the end of that publication, be submit- ted to the Court as if given in evidence on this trial. It is also agreed, that the following note, published in the Na- tional Journal of June 14th, 1825, being the anonymous publica- tion or note referred to in Captain Porter's letter to the Secretary of the Navy, of June 14th, 1825, and in the testimony of Peter Force, and which, it is admitted, was communicated to the Editor of the said National Journal by R. S. Coxe, Esq. Judge Advocate to the Court of Inquiry therein mentioned, with authority to com- municate his name as the author of it, when applied to for that purpose ; be annexed to the record, as evidence in this case. To the Editor of the National Journal. It appears necessary to apprise the public, that the recent pub- lication of Commodore Porter, on the subject of the proceedings of the Court of Inquiry, in relation to the affair at Faxardo, presents so inaccurate and imperfect a v!ew*of that matter, that it will, in due time, receive proper attention. The record of the Court and statement of the facts, transmitted to the Executive, not having yet been made public, and it being understood, that the business has not been terminated, furnish sufficient reasons for postponing to a more suitable period, the rectification of the errors, and the supplying the deficiencies, which exist in the pamphlet referred to. Jant 13th, 1825. The reading of the documents having been completed, the Court adjourned until 2 o'clock on Monday. MONDAY, AUGUST IST, 1825. The Court met pursuant to the adjournment of Saturday : pre- sent, all the members of the Court, the Judge Advocate and Cap- tain Porter. The wnutes of the proceedings of Saturday were read. Captain Porter stated, that his counsel not having yet completed the defence, which he purposed to submit to the Court, requested the further indulgence of the Court, until to morrow at 12 o'clock, by which time he would endeavour to be prepared. The Judge Advocate then read and submitted to the Court, cer- tain documents from the Navy Department. 1st. Copy of a letter from Commodore Porter to Secretary of Navy, dated Washington, October 12th, 1824. (44.) 409 2nd. Copy of a letter from same to the same, dated Washington,, Oct. 19th 1824. (45.) Captain Porter then objected to the reading of these letters, or more of this kind, on the ground that they had no relation to or con- riexion with the charges or specifications ; that he was prepared to meet any other charge which either now, or at any future time, might be preferred for any part of his conduct, but that he was now without his counsel, and must of himself, object to the pro- duction of this testimony. The Judge Advocate remarked, that the letters were offered as the answers to letters read on Saturday ; or, as letters to which some of those were answers ; that a part of the correspondence having been read, it seemed proper to submit the residue of it. The Court being cleared, proceeded to deliberate upon the question, and after some time, it was opened, when the resolution of the Court was announced, that the papers should be read, but that the Court would adjourn, until to-morrow, that the counsel for the accused might be present at the reading of the same. The Court adjourned till ten o'clock, to-morrow morning, TUESDAY, AUGUST 2o, 1825. The Court met pursuant lo the adjournment of yesterday : pre- sent, all the members of the Court, (excepting Capt. Tingey,) the Judge Advocate, and Captain Porter. Capt. Tingey transmitted an order from the Secretary of the Navy, which occasioned his tem- porary absence. The proceedings of yesterday were read. Capt. Porter, by his counsel, then submitted some objections to the letters which it was proposed to read, and the Court was clear- ed to deliberate on the same. After the Court was cleared, Capt. Tingey appeared, and resumed bis seat ; on the opening of the Court, the following proceedings were announced. The Judge Advocate stated to the Court, that the papers which he had proposed to submit, appeared to him to be intimately con- nected with what were read on Saturday, and equally relevant to the case with them : but that he was not particularly desirous to press the evidence before the Court. The Court having maturely considered the same, is of opinion, that much, if not all, of the evi- dence submitted by the accused on Saturday, is wholly irrelevant to the subject matter before it ; but, it being submitted by him, and not objected to by the Judge Advocate, it was received without hes- itation : As, however, it is the opinion of the Court that it is ir- relevant, it is not deemed necessary or proper to pursue that part of the investigation further ; and, as it is not objected to by the Judge Advocate, and appears to be the desire of the accused, the Court will not receive or annex to the record, any of the five papers to. which the objection extends. The counsel for the accused then submitted to the Court sundry 62 110 documents of an official nature. The Court having been cleared to deliberate upon the papers submitted, and having considered the same, is of opinion that the evidence is not admissible before the Court, being wholly irrelevant to the charges and specifications The counsel for the accused having been understood to intimate that the object intended by offering the documents was to illustrate the construction which the Government had given, to the instruc- tions from the Department ; the Court conceiving this to constitute an insufficient reason for admitting the same, as evidence, in the cause ; it has therefore decided not to receive the testimony offer- ed. It is not, however, designed to preclude the accused from re- eorting to any documents of a public and official kind, which he may conceive to furnish him with sources of argument, in his defence. The Court being opened, the foregoing proceedings were an- nounced. The counsel of the accused having stated that he had no other testimony to submit, the evidence was considered as closed. He wag then asked when he should be prepared with the defence ; he replied by stating that he might possibly be prepared by Thursday, but could not promise positively to have it ready before Friday. The Court then adjourned till to-morrow at 10 o'clock. WEDNESDAY, AUGUST SD, 1825. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, (excepting Captain Ridgely,) the Judge Advocate, and Captain Porter. The minutes of the proceedings of yesterday were read. Capt. Ridgely was prevented by indisposition from attending the sitting of the Court to-day. The Court adjourned till ten o'clock, to-morrow morning. THURSDAY, AUGUST 4TH, 1825. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, the Judge Advocate, and Cap- tain Porter. The minutes of the proceedings of yesterday were read. Captain Porter having intimated that his counsel would be pre- pared by eleven o'clock to-morrow, the Court adjourned till that hour. FRIDAY, AUGUST STH, 1825. The Court met pursuant to the adjournment of yesterday : pre- sent, nil the members of the Court, the Judge Advocate, and Cap- tain Porter. The minutes of the proceedings of yesterday were read. The Counsel for the accused, having obtained permission of the Court, proceeded to deliver the defence. Before conclud- ing it, at his request, the Court adjourned till to-morrow morn- ing, at eleven o'clock. SATURDAY, AUGUST STH. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, the Judge Advocate, and Capt. Porter. The minutes of the proceedings of yesterday were read. The delivery of the defence was resumed, and when it was con- cluded, the counsel having undertaken to hand in the defence on Monday morning, that the same might be annexed to the record, the Court adjourned till Monday morning, at 10 o'clock. MONDAY, AUGUST STH. The Court met pursuant to the adjournment of Saturday : present, all the members of the Court and the Judge Advocate. The mi- nutes of the proceedings of Saturday were read. It was announced to the Court that the defence was not ready to be submitted to the Court to day, but that it should be ready by to- morrow : It was determined by the Court to go on with the busi- ness before it with closed doors. The room was accordingly clear- ed, and the proceedings of the Court were read over. The reading continued until after three o'clock, when the Court adjourned till ten o'clock, to-morrow morning. TUESDAY, AUGUST 9. The Court met pursuant to the adjournment of yesterday : present, all the members of the Court and the Judge Advocate. The room being cleared, the residue of the proceedings was read. The defence not having been transmitted, the Court came to the following resolution. Resolved by the Court, that this Court has felt and exhibited a disposition during the progress of this trial to allow every indulgence to the accused which the most cautious regard to his feelings and wishes could dictate : that with this disposition, delays, and a course of practice, have been submitted to, in \vhich the Court has reluc- tantly acquiesced : that arguments, instead of being prepared when offered to the Court, in such a state as to be annexed to the record, have, after an ample allowance of time, been delivered orally, and an equal length of time afterwards consumed in committing the same to writing. That in regard to the defence, after having waited for an unusual period of time, it was in fact delivered to the Court orally, and as a written document it has not been presented to the Court this the third day after its public delivery ; the Court feels con- strained to notice this conduct which it cannot pass over without an expression of its disapprobation, and has determined that unless the paper is ready by the meeting of the Court to-morrow, the Court will proceed to judgment without it. And it is requested of the Judge Advocate that a copy of the foregoing resolution be transmit^ ted to the accused this afternoon. 412 At three o'clock, the Court adjourned till ten o'clock, to-morrow morning. WEDNESDAY, AUGUST IOTH. The Court met pursuant 'o the adjournment of yesterday : present, all the members of the Court and the Judge Advocate. The mi- nutes of the proceedings of yesterday were read. The Judge Advocate stated that, in compliance with the wishes of the Court, he had left a letter directed to Captain Porter, containing a copy of the foregoing resolutions with the counsel of the accused yesterday, on his return from the Court. The defence not having been transmitted, the Court proceeded to deliberate upon the charges, specifications, the evidence that had been submitted, and what had been alleged in behalf of the ac- cused ; and during the deliberation, the defence upon the first charge was communicated to the Court, annexed, and marked (P.) After having carefully and maturely weighed and deliberated upon the matter, the Court is of opinion that the specification of the first charge is fully proved, and does adjudge the accused G-UILTIT of the first charge. The Court is also of opinion, that the first specification of the second charge is proved in part ; that it is fully proved, so far as regards the letter to the President of the seventeenth day of April, 1825, and the letters to the Secretary of the Navy, of the 30th day of January, the thirteenth day of April, and the fourteenth day of June, 1825 each of which the Court conceives to be of the cha- racter attributed to them in the said specification ; but it does not consider the letter of the sixteenth day of March as liable to the same censure ; and therefore, so far as regards this last mentioned letter, the Court is of opinion, that this specification is not proved. The Courtis also of opinion, that the second, third, fourth, and fifth specifications of the second charge are fully proved. The Court is of opinion that the second charge is fully proved, and does accordingly adjudge the accused GUILTY of the same. In deciding upon the first charge and the specification under it ; the Court, however, feels itself called upon to ascribe the conduct of the accused, which is deemed censurable, to an anxious disposition on his part to maintain the honour, and advance the interests of the nation and the service. The Court also thinks proper to state, that in deciding that the third specification is proved, it is of the opinion, that, so far as re- spects the inaccuracies pointed out by the Judge Advocate in the paper annexed to the record and marked No. 15, this specifica- tion is fully proved ; but the Court sees no reason to believe that the errors and inaccuracies therein indicated, were the result of design or of improper motive ; that, with the exception of such error? as have been particularly noted, the publication by the ac- cused of the proceedings of the Court of Inquiry, appears to be a transcript of the record. 413 In farming its opinion upon the fourth specification, the Court is satisfied that the same is fully proved in the following particulars : In the advertisement " By the conduct of the Court, to which the subject was referred for investigation, I was driven from its presence, and prevented from making the explanations on which I founded my justification." In the remarks, p. 24, " I could not consent to defend myself be- fore the Court against any charge whatever, until its legality had been decided by competent authority until I could appear before it on terms of perfect equality with my accusers until I could be allowed to protect myself in the way which might appear to me most proper ; without submitting my defence to the inspec- tion of the Judge Advocate, who had no right to decide in my case ; or to the control of the Court, who would thereby have exercised a power not founded in law or justice ; and without the risk of un- deserved reproof." In p. 25 : t% But it was the duty of the Court to decide whether it was or was not competent ; the decision, as to its beliet on the subject, on oath, was all that was required by me, and the question could have been decided by the Court, as readily, and as well be- fore, as it was after the instructions of the Secretary had been re- ceived ; that it did not decide in the first instance, is sufficient evi- dence that doubts then existed, as to its legality." " Under alt circumstances then, I had nothing to lose or appro- tend by my withdrawal from the Court, and I certainly saved a very useless sacrifice of my feelings, as (except in its deportment towards me, while before it) it could do me neither good or harm. A Court more powerless, and yet more calculated to alarm the ac- cused, was perhaps never formed." " The charge first to he investigated, was exhibited against me by the Secretary of the Navy ; the Secretary of the Navy select- ed my judges, two of whom were junior to me. The Judge Advo- cate, who is the primum mobile of all military Courts, received his appointment from the Secretary, and is his warm friend And protege. Under these circumstances, it may readily be imagined I had every thing to apprehend, and nothing to hope for while before the Court ; and to defend myself under the conditions imposed on me, would have been worse than useless." In the remarks in p. 31, it appears to the Court to be implied, that all the documents upon which the Court of Inquiry founded its opinion, were contained in the pamphlet, which was not the fact. The Court also includes, as proof of this specification, the second paragraph of the paper marked E, in p. 40, of the pamphlet. The Court does therefore sentence and adjudge the said Captain David Porter, to be suspended for the term of six months, from the date hereof. Having come to the aforesaid determination, and the residue of the Defence not having been transmitted, the Court, for the pur- pose of enabling the Judge Advocate to prepare in due form, and re 414 v.urd the said findings, and it being after four o'clock, adjourned 'till eleven o'clock to-rnorrow morning. THURSDAV, AUGUST HTH, 1825. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court and the Judge Advocate. The proceedings of yesterday having heen read, the Court proceeded to sign this, the record of its proceedings, the finding and sentence. JAMES BARRON, President. THOS. TINGE Y. JAMES DIDDLE. CH. G. RIDGELY. ROBT. TRA1LE SPENCE. J. W. DOWNES. J. D. HENLEY. J. D. ELLIOTT. JAMES RENSHAW. THOS. BROWN. CHS. C. B. THOMPSON. ALEX. S. WADSWORTH. GEO. W. RODGERS. RICHARD S. COXE, Judge Advocate. THURSDAY, AUGUST HTH. The record of the proceedings in the case of Captain David Porter, having been signed and transmitted to the Department, the Court, by virtue of an order for that purpose, from the Secretary of the Navy, directed to the President, and hereunto annexed and marked A, adjourned to meet to-morrow morning at ten o'clock, at the building on 1st street east, and the corner of Maryland ave- nue, formerly occupied by the Congress of the United States. FRIDAY, AUGUST 12. The Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, and the Judge Advocate. The Judge Advocate read and submitted to the Court a letter from the Secretary of the Navy, which was annexed and marked B, and the record of the proceedings as transmitted yesterday to the Depart- ment, with the paper referred to as a continuance of the Defence of Captain Porter. The paper having been read, on motions of a member, the Court determined that it will adjourn until ten o'clock to-morrow, and that Captain Porter be informed that the Court will receive the re- sidue of the Defence at that hour. The Court adjourned 'till to-morrow at ten o'clock. 415 SATURDAY, AUGUST 13-rn. f he Court met pursuant to the adjournment of yesterday : pre- sent, all the members of the Court, and the Judge Advocate. The proceedings of yesterday were read. The residue of the Defence was received at near twelve o'clock, and the Court proceeded to read the same. After completing the reading of the document, the following mo- tion was mude and adopted : The Judge Advocate having stated that he had received from the accused certain papers, purporting to be the residue of his defence the same were read and considered. The Court is decidedly of opinion that these papers vary in many respects from the defence which was delivered on behalf of the accused, by his counsel : that in particular, the severity of animadversion upon the conduct of the Judge Advocate, which appears in these papers, did not ap- pear in the defence that was delivered, and the Court deems it due to itself to state, that the conduct of the Judge Advocate during the trial was, in its opinion, free from the censure imputed to it. As, however, the Court is not in possession of the Defence, which, in violation of its rule and of precedent, was delivered oral- ly, and from notes under the appearance of reading it. The Court has annexed this document to its proceedings, with this further ob- servation, that nothing is perceived in it which can in the least vary the conclusion to which the Court had arrived. JAMES BARRON, President. RICHARD S. COXE, Judge Advocate. The Court adjourned 'till ten o'clock on Monday morning. APPROVED : JOHN QUINCY ADAMS. August, 1825 416 o/ the principal heads of argument and authority, in support of the objections taken by the Counsel of Commodore Porter, to tht second charge and the specifications of the same. The Counsel is well aware, how much out of place, before a Court Martial, are the nice and abstruse subtilties, and the merely technical rules, peculiar to some branches of practice in the Courts of Common law. He will, therefore, implicitly follow the advice of a learned civillian, who has made military jurisprudence, and the analagous principles and practice of municipal jurispru- dence, as administered in courts of civil and criminal judicature, the subject of an elaborate, practical, and useful essay ; and who very prudently and properly recommends to Counsel, engaged in the conduct of a defence before a Court Martial, to avoid every topic, calculated to perplex and embarrass the judgment of gentle- men, not professionally conversant with the law, by " forcing the discordant and unsuitable axioms and rules of civil Courts, upon a ' military tribunal. " Accordingly no " rides or axioms of the Civil Courts, " are adverted to, upon this occasion, but such as have been distinctly invoked to the practice o." (c.) A favourite idea has prevailed among military men, and with some military tribunals ; that a Court Martial is not only a solemn tribu- nal of criminal judicature, but also, a court of honour : privileged to erect a sort of censorial power over the minor moml? of the members of the profession : and, as such, to take cognizance of certain immoralities, and in decorums, or of certain departures from the more delicate and refined points of honour, indispensable to the character and conduct of an accomplished officer and gentleman : but not prohibited or condemned by any positive law. This idea, to acerliiin extent, is not without some support from reason, author- ity, and practice ; but, to the extent here stated, is certainly erro- neous ; and contrary to the best established principles and prece- dents. 'Tis true to any extent, only because the military code has, by positive enactment, extended {he judicial cognizance of its courts, to more minute transgressions of private morals, than are cogniza- ble in other courts: not that lha military any more than the civil courts, have any authority, to try or to punish nny act, not express- ly constituted an offence, punishable under the military code. For instance, the British articles of war, both naval and military, make "scandalous, infamous behaviour, such as is unbecoming the char- acter of an officer and a gentleman," an offence punishable by dis- mission from the service: ( and . of them are enforced J ^ neceMI * f a strict observance of the offence = within the law or sta u?e bv ' h rhT " Un /^' vocal 'y d clearly instances even wordl : t- S wi^ ^ 5 ia S me , do not suffice Lt rthur, ch. 8. ,.9. p . 2978. mast be minutely described. If disrespectful, ^contemptuous, or mutinous words be imputed to him, the very words must be speci- fied ; and it is not enough for a witness to say that words of such an Affect, were spoken, but he must prove the very words. The more general and vague the description of the offence in the article by which it is punished, the more particular and minute must be the specifications in the accusation of the facts and circumstances, in- tended to be proved in support of it. 'Tis agreed, on all hands, that there must be the same precision and the same minuteness, (and in many instances greater minuteness,) as in indictments, in the civil courts. One author, Mr. Tytler, a Scottish advocate, and of course a civilian, would rather compare it to a libel, (which is equi- Talent, in the tribunals under the civil or Roman law, to an indict- ment or criminal information at common law,) because the libel deals in more minute and diffuse specifications of the facts and cir- cumstances charged, and 'tis certain that a Court Martial more re- sembles a tribunal of the civil law, than of the common law, since the members unite, in their own persons the character both of Judge and juror (a) The rationale of the rule is the same in all courts : which is, that the prisoner, being thus minutely informed, under what law, for what offence, and of what facts, he is accused, may duly prepare himself for his trial. In the same spirit, 'tis required, that he be furnished with a true copy of the charges and specifications, and the names and descriptions of the witnesses, for the prosecution, in due time before his trial. The object of this rule is not only that he may be prepared to meet the matter of the charge ; but to canvass, and if necessary impeach the competency or the credit of the wit- nesses : and after a copy of the charges has been thus served upon the prisoner, they are unalterable, but under peculiar and extraordinary circumstances. (6) All this is the established /au; and practice of Courts Martial, de- duced from the strongest analogies of judicial justice ; and on the best authorities, deduced from the most approved treatises upon the law and practice of such courts. But, in this country, it does not rest upon such authorities alone, but upon these authorities, recog- nized, adopted and embodied into our Naval articles of war : by which it is expressly enacted that the ; ' person accused shall be fur- nished with a true copy of the charges, with the specifications" &c. (c) If, therefore, the general doctrine required any corroboration from statutory enactment, here it is ; for, in the use of the term " specifications," everything is implied, that had been authentically held to be involved in its true meaning and effect. (a) Adye p. 1. ch. 6. p. 1273. Tytler, ch. 5. s. 1. p. 200218. McAr- thur, B. 2. ch. 1. s. 3. p. 6 12. Macomb p. 61 3. (6) Adye, p. 127-8. Tytler, p. 217, 24*, 358. 1 McArthur, 281-2, Ma comb, 89, 172. (c) Vid. Laws U. S. Vol. 3, p. 358, Art. 38. 423 Now let this 2nd charge and its specifications be brought to the test of these rules. First of all, us an indictment or information, for an offence cog- nizable by a Court of Common Law ; it is impossible for any lawyer to hesitate one instant in pronouncing that it would be utterly vi- cious and void : not for the want of any forms or solemnities, merely technical, but for the most essential and palpable defects of matter and !>ubstance. Then, by this test, it fails ; there is a plain and incurable failure ; the whole must be rejected and set aside. But let the context be minutely examined and tried, by the loosest rules that the greatest latitudinarian in military jurisprudence could desire. Before its validity, as the description of any offence, within the terms of the Naval Articles of War can be determined, its meaning must be ascertained ; and that is the most uncertain, obscure, and perplexed imaginable. The charge itself, considered separate and apart from the speci- fications, consists of two members, but both, 'tis presumed, intend- ing the same identical act or offence, and only describing it withsu- peradded aggravations : the conduct imputed was unbecoming an officer, because it was insubordinate. The first member of the charge is " insubordinate conduct ;" and here we are at sea, without chart or compass : for the conduct imputed to the accused is characterized by an epithet unknown to our language. Being unable to discover it in any vocabulary, or in any document of the language, either of science or of general lit- erature, it was presumed to be a term of art, and peculiar to the art military. But no research, in our power to make, into the nom- enclature of that art, has been attended with any greater success- The next process was to resort to the etymology of the word ; and, presuming it to be the negative or privative of " subordinate," the validity of the charge, as a precise accusation under some Naval Article of War, was tried by that test. But it was not found that the negative quality of that adjective could, by any possibility, be made out to be such an accusation. Then presuming that the ad- jective " subordinate" might have some peculiar and technical meaning, distinct from what is affixed to it in the language of science and general literature, military dictionaries, and other works upon the art military, have been consulted, but in vain, to detect any such technical meaning. On the contrary, the only book on military affairs, (and that is one expressly written on military juris- prudence,) in which our very partial research has discovered the word, uses it precisely in the same sense, as it is found in the lan- guage of science and general literature : that is, as indicating the gradations in the series of military rank : (a) exactly agreeing with the definition of the word given by the best authorities " in- (a) McArthur, ch.2, s.l.p. 424 ferior in order ; descending in a regular series." So the negative of this quality would charge Commodore Porter with " conduct not interior in order, not descending in a regular series;" and under what article of war may such conduct be brought ? The process of etymology has been pushed still further, in order to discover the true meaning of this charge : the substantive " subordination," has been pressed into the service ; and 'tis found that, in military lan- guage, it has acquired a meaning, somewhat different from that by which it is generally defined and understood namely, an obedience to orders. (6) Then, if by any legitimate coinage, " insubordinate conduct" could be understood as expressing the negative of subor- dination, we have nothing more or less than a charge of " disobedi- ence of orders, and conduct unbecoming an officer ;" a repetition verbatim literatim of the first charge ; for which the accused is now under trial. Thi* identity of the Island second charges, thus elaborated from the devious circumlocution of loose analogies of the periphrasis, sup- posed to be couched in the terms of the 2d charge, is the most fa- vourable interpretation ; for the dilemma is fairly put ; it must have that meaning, or no meaning. In that sense of the charge, which of the five specifications, or what circumstance in any of them, squints at any disobedience of orders. The second member of the charge, " conduct unbecoming an offi- cer," though free from the solecism of language apparent in the other, is equally foreign to the terms and definitions of any naval article of war. Even, under the extremely vague terms of the 83d military article of war, (which is here distanced in vagueness and uncer- tainty,) it would be utterly untenable : but, as the naval code con- tains no analagous articles, there can be less justification, here, of this indefinite and unintelligible charge. Nothing is more uncer- tain, nothing more dependent upon the evanescent caprices of taste and fashion, than what may " become an officer." It may be very unbecoming in him, to do a thousand of the most innocent or indifferent things in the world : he may wear his hat, or his sword, or his coat, after a very unbecoming fashion; what might be very becoming in a young Lieutenant of twenty, might be quite other- wise in the hoary veteran : in short, there is no end to the minute instances in which he m-iy transgress the decorums of life, and good breeding, without bringing himself within any of the penal prohibi- tions of military law. The charge itself being vicious and defective in its terms, it be- comes, in a measure, useless to inquire into the nature of the spe- cifications : for if the charge falls, the whole substratum of the spe- cifications, every thing that gives them significancy or application, is taken away We have not, however, stopped here, but have endeavoured to (fr) Duanc's Military Dictionary, in vor. 425 found in the from explai letters." VV e r r ch racter of 2^ w ^^cterUcof^I^^T k ne ^ No Wl take /"/"-and what article of war deno n r l ' ? fbe ' n " ** a military offence ? Beside" , ? th!ft? d ' sr espectful letters'' and effect of these letten *l Je fo r ^i th t D P the Subs tan ^pectful? In what degree'; k wh a t do P th *7 are the ^isre- and to whom was it offered f AM ih f.srespect consist ; vaguest and mo.t uncerta ^n conje n ^ f 6 f h " ' Cal " w l " left ^ the *he poss.ble modes and degrees n which , ES? "l *? D eud to respectful. The disrespectful' char Ji5 , P h "^ " deemed rf - ters, may consigt of CU P C !r here impnted to these let- as that mentioned id a certain ^ L\ ^f^ f ^ h b **>S> fined and fastidious ^^^^J^J^. ^ contemptuous orre ms,nuation. Besides, there 54 426 fe not in this charge, or in any of the specifications, the least sug' g*estion, that any disrespect was conveyed, either by the letters, or by the insinuations, to a superior officer, within the meaning of the 13th naval article. But the specifications are all so radically and incurably detective, in other respects, that this is scarce worth mentioning. 2d specification. This might be discussed by a single question namely : What article of war, or what other law, had made it un- lawful, or, in any sense, improper, to publish the proceedings of the Court of Inquiry, after that Court had made its report had finally disposed of the subject, and had been dissolved? The pro- ceedings of the Court were necessarily open and public to all the world -all the world was free to publish them ; and why not Com- modore Porter ? If, indeed, it be not a solecism in terms to ac- cuse him of publishing what was already public, without any agen- cy, active or passive, on his part. This presents a very different question, from that of publishing, during the progress and pendency of a trial, detailed reports of the evidence, Irom day to day a practice peculiarly incompatible with the order of proceeding, and principles of practice, in Military Courts ; and highly improper and mischievous, for many obvious reasons, in any Court. If Commodore Porter had violated the re- spect and duty incumbent on him, as a party before the Court of In- quiry, by making any such obnoxious publication, he would, doubt- less, have been called to a summary account by the Court, in the exercise of its incidental power, to punish the contempts of parties and witnesses'. But with the trial, every reason against a detailed awl public report of the proceedings, ceased ; and, accordingly, it is one of the most ordinary, and at the same time, of the most un- questioned rights, to publish such reports, after the trial. In this case, the functions of the Court of Inquiry, upon which such pub- lication might have operated improperly, had ceased ; and if any inconvenience has been experienced in practice, from publications, which may operate on the deliberations of the Executive, by con- vincing or informing his judgment, it will be time enough to punish the act, when some law shall have made it an offence. In this spe- cification, then, is the absence of every circumstance, that might have shown how this publication was, either actually or possibly mischievous. The nature of the proceedings, so published, and the motives and objects of the publication, are circumstances that are altogether overlooked. 3d specification. " An incorrect statement of the proceedings." Here, again, we ask, what definite idea, either of the/ac/, or of the gravamen of the charge, does this specification afford ? Whereia does the incorrectness consist ? Is it in the punctuation, the or- thography, tlxp syntax, or any other transgression of grammatical rules ? In what decree, and to what extent, is it incorrect ? and with what design or motive was it made so ? Is it in material or im- 427 material circumstances ; from inadvertency or design ? Here, fcgain, we are left to illimitable conjecture ; for all these particu- lars, which should have been distinctly and precisely detailed, arxl set forth in the charge and specifications ; and which, after they had been drawn out, in the minutest detail, could have constituted no offence, cognizable by this Court unless, criminal falsehood from corrupt or malicious motives, could have been imputed ; so as to make out a charge of scandalous conduct, &c. under the 3d naval article of war. 4th. Specification. Here, we have nothing, but a new version, without the least amendment, in point of minuteness or precision, of the 3d Specification. It contains only some additional aggravation ; but not one additional fact; the aggravation is that the same publica- tion contained insinuations, highly disrespectful to the Secretary of the Navy, and to the Court of Inquiry. This might, also, be dis- posed of by a single question: namely, what article of the Naval code, makes any such disrespectful insinuations criminal ? but it may be further asked, what passages of the publication were fraught with these insinuations, and with what insinuations were they fraught ? why were not all these particulars specified, so that the Court might have judged, for itself, whether the innuendoes were legitimate de- ductions from the context; and, if so, whether disrespectful, and in what degree, and to whom ? as it now stands, the whole matter is left so vague and uncertain, as to defy the sagacity of the most ex- perienced jury of sworn guessers : if, as has been reported, but I know not upon what authority, there ever were, at any time or place, any such auxiliary to the regular administration of justice. 5th. Specification. After what has been said of the others, this requires little or no comment. What particular documents are here alluded to and intended, under the general description of " official communications and correspondence, " or of " public orders and instructions ; " whether there were any injunction of secrecy re- specting them, either express from a competent authority, or ne- cessarily implied by their nature and character, to whom they were disclosed ; the time when, the place where, and the manner how ; are circumstances unexplained, and altogether overlooked : which it would be vain to guess at ; and if, perchance, they should be come at by the most fortunate and miraculous ot'guessers, they would be utterly inconsequential and useless, under the existing frame of the principal charge. No one circumstance, either of the distinctive description and identity of the documents, or of the time, place or manner of their publication, is given ; except that one set is said to have been " made public, " " in the same publication," referred to in (he for- mer specification : and that the other set, is said to have been "made public, " " on other occasions," within a given period of about eight or nine months. Now, if every other objection were out of the way, what should be said to this latitude of lime ; in the face of 428 the conclusive authorities, above cited; (a) by which the utmost latitude allowed, (and that only in extraordinary cases, and from an evident necessity) is an alternative, either of the day, or of the month, immediately preceding or succeeding some certain day or month named in the specification ? The aim and ultimate end of these objections are analogous to a motion to quash an indictment, in a Court of common law, for any inherent vice in its frame, which makes it evidently vain and fruit- less to proceed with the trial of it. The counsel would beg leave, in conclusion, to remark, that, iu raising these objections against the regularity and the efficacy of the procedure in this case, and taking some pains to explain the grounds of his objections, he was actuated by public considerations, apart from the particular interests, and unconnected with the personal wishes and inclinations of his distinguished client. The principles, involved in these objections, are certainly of general interest, and permanent importance to the service : and now, amid the repose of a profound peace, is the accepted time to adjust the land-marks, and consolidate the bulwarks of right and justice, in matters of mili- tary judicature ; to establish well considered and safe precedents - f and to supercede all such, if any there be, as, amid the haste and confusion of active service, have been unadvisedly and silently ad- mitted in practice, to the peril of the individual security, the digni- ty and respectability of our military establishments. (6) All these considerations, doubtless, deserve, and will receive the deliberate attention of this Court : but they are not such, as alone, should have determined the professional course of the counsel in the conduct of his client's defence. He clearly perceived, from the frame of the 2d charge and its specifications, that the whole matter of accusa- tion, therein exhibited, not being within the prescribed limits of this Court's jurisdiction, was necessarily excluded from it : and, being corurn non judice, the trial of it would, necessarily, be a vain and fruitless consumption of time and labour : it could be brought to no judicial decision, or conclusion of guilt or innocence : his client could neither be acquitted nor condemned. Under such circum- stances, it was his imperious duty to quash a tedious and unpleasant discussion ; irksome to all who feel an interest (and it is an interest coextensive with the limits of the country) in the tranquillity or rep- utation of the eminent and meritorious public functionaries, involv- ed in the dispute. To the force of these reasons Commodore Por- ter has, at length, yielded ; after the earnest representations and unequivocal advice of his counsel, had overcome a very natural and unaffected reluctance to do, or to have done, in his behalf, any thing that might expose him to any possible suspicion of a desire to evade a trial of the charge upon th'e evidence, indeed, enough may be inferred, even, from the very vague and unsatisfactory intimations of the charge and its specifications : from their cautious evasion, or (a) 2 McArthur, p. 8. Ty tier, p. 214. (6) Vid. Adye, p. 98. 429 iimfd recoil from eve /-, adverting to other W**}*' without We presumption of his fearing, o ha^n?^ on T f*^ P^ detriment from the most comprehens ami" ' Ieast into this branch of the accusation DUte invest 'gtion, ***** of the Judge locate to the preceding Objections submitted by Commodore Porter's Counsel object of the learned coun- "taed a.ui^h mg? f " Same> and ' he fonns of P-cice c a l- 431 irhich, from principles of humanity, a greater latitude is allowed, a prisoner who demurs to the indictment, admits the facts with which he is charged, and rests his defence upon the law alone. Should the indictment be determined sufficient, he is adjudged guilty. The an- alogy then for which the accused contends in the present case would, if pressed to the extent to which it must be carried, if ad- mitted at all, involve this consequence, that if it should be deter- mined by the Court that the present charge and the specifications under it, do contain an averment of an offence of which this Court can take cognizance, he is precluded from going into any evidence ei- ther of exculpation or mitigation, but must by the decision of the Court against the validity of these exceptions, be adjudged guilty to the full extent of all with which he is charged. Having selected the ground on which he will rest his defence, the very doctrine tor which he so vehemently contends, confines him to that, and to that alone. The present application to the Court is assimilated by the coun- sel for the accused to a motion, sometimes made in criminal CourtSj to quash the indictment. The resemblance is defective in numer- ous particulars. It will be unnecessary to refer to more than one which is perfectly decisive of this question, and which is distinctly stated by the same author from whom I have just quoted. "It is therefore, a general rule, that no indictments which charge the higher offences, as treason or felony ; or those crimes which imme- diately affect the public at large, as perjury, forgery, extortion, con- spiracies, subornation, keeping disorderly houses, or offences af- fecting the highways, not executing legal process, will be thus sum- marily set aside." (6.) Another remark is eminently entitled to the consideration of the Court, not merely as strongly corroborating the conclusion to which I have already pointed, but from its own intrinsic impor- tance. At least two of the specifications charge a fact, which it is presumed, will not be controverted, and the only question which could seriously be contested before this Court, would be that now raised ; do the facts therein set forth, constitute offences far which the accused can be made amenable before a military tribunal. It will scarcely be denied, and indeed the Counsel for Captain Porter, has intimated to me, that the fact of publishing the pamph- let alleged in the second specification, and various instances of the facts averred in the fifth specification, will be admitted. The facts being conceded, not merely by inference of law, but literally, the only question remaining is, do they constitute an offence of which this Court can take cognizance. The determination of that ques- tion is, at all events, therefore to that extent, a decision as to the guilt, or innocence, of the accused. By the oath administered at the organization of the Court, the promulgation of the sentence of the Court, is prohibited to each of its members, and to the Judge Ad- (b) I ChittySOS, (300.) 432 vocatc. if, therefore, this question should novr be decided, as merely a collateral one, and that decision not he regarded as a final determination of the case, and as such announced to the De- partment, the consequence seems inevitable. So much of the sentence of the Court, as ascertain? whether the accused is or is not guilty, is promulged contrary to the oath which has been ta- ken. These considerations can scarcely have escaped the notice of the very able Counsel of the accused ; and it is not to be pre- sumed, that the consequences which have been pointed out, were not anticipated. At all events, the Court has been placed in this dilemma by the accused, and upon him must the consequences rest. I would beg leave, respectfully, to submit to the consideration of ihe Court, another view of this question, not confined, in its applica- tion to the present case, but of great and general importance. Mi- litary tribunals are, as has been conceded by the Counsel for the accused, in many essential respects, courts of honour. Many of the charges, which it is usual to try before them, involve conside- rations of infinitely higher moment, to the individual arraigned, than the mere punishment to which, if found guilty, he will be ex- posed. The honour of an officer in the Navy, shculd be infinitely dearer to him than any other consideration. The members of such Courts are far better qualified to decide upon questions of this character, than upon the subtleties of special pleading, or the re- finements of verbal criticism. It will be a subject of regret should it become common in the service, for officers charged with conduct unbecoming their character, involving their personal honour and veracity, to rest their defence upon technical formalities and criti- cal niceties ; which, even if allowed to protect them from punish- ment, will leave them exposed to obloquy and odium as guilty, in point of fact, of what is perhaps in inaccurate language, alleged against them. What gratification will it hereafter afford, either to the high-minded honourable gentlemen, who usually compose a Court Martial, or to the high-minded and honourable associates and companions of one arraigned before them, for conduct unbecoming his rank and station, if on the strength of a precedent established by such authority as this tribunal, the accused should be absolved from punishment, because the person who drafted the charges, has committed a verbal inaccuracy, or technical error, which, though it may nullify the charge in point of form, leaves the character of the accused, burthened with all the odium which the accusation itself creates, augmented by the tacit admission of guilt, which is involved by resting his defence, not upon a denial of the fact, but a nicety of special pleading or a philological criticism. So long as the members of a Court Martial can perceive, that the offence charged, is couched in language sufficiently perspicuous nnd precise, to apprise the accused of what he is called upon to answer, so long, it is hoped, will they be averse to receive any de- fence, grounded upon mere defects of form. Such tribunals will br- opposed to trying a brother officer, upon charges pu/pose- 433 ly couched in ambiguous language, calculated to mislead or entrap the accused. While they will be disposed to exact on the part of the prosecution, all information, and every light which can be required by th prisoner, fairly an-l fully, to meet and refute the charge, they will be equally indisposed to demand that degree of precision and formality which, while it contrioutes no aid towards preparing the defence, or guarding against oppression or surprise, only enlarges the field for the display of ingenious and captious criticism When such ceases to be the regulating principle of Courts Mar- tial, all that now constitutes the pride and honour of the service, will be at an end. Officers, instead of devoting their time and attention to their professional duties, instead of cherishing a lofty and chivalrous sen-*e of honour, instead of encouraging that spirit and feeling, which, while it confers dignity and magnanimity upoa the superior, gives elevation and respect to the inferior in rank ; will resort to the quirks and quibbles of the special pleader, the subtle casuistry of the professional logician, or the pedantic re- finements of the verbal critic. How far such a change is desirable rests with this Court to determine. With great justice has it been remarked, that the decisions of this tribunal will be looked to with respect and deference. Precedents here established will be ibllow-A ed hereafter ; and great weight will necessarily be attached to every opinion, emanating from such high authority. An appeal of a some- what personal kind was a day or two since, made to me. A hope was intimated, and that hope is now enforced by something bearing the appearance of a threat, if not gratified, that the Judge Advo- cate would drop the charge, to which exception has been taken. It seems to be intimated that an investigation would, or might, dis- turb the tranquillity or reputation of some eminent and meritorious public functionaries involved in the dispute. Such a step, under these circumstances, would be repugnant to the wishes, and under any, would be wholly beyond the powers as well as incompatible with the duties of a Judge Advocate. The charges have been preferred by the Government, and by it submitted to this Court for adjudication. The power which preferred can alone withdraw the accusation the tribunal to which it has been referred, can alone judicially decide it. It may, however, be observed, that the Government cannot be supposed to be tenacious upon this subject, nor is the smallest so-, licitude felt by the Judge Advocate as to the decision of this ques- tion. Those who alone are interested, are the accused and others belonging to the service : and such a decision as is craved may well be deprecated by them. The offences charged, are such as the government possesses ample means to punish. It can vindicate its own authority, and protect itself from contumelious or insulting language. Disrespectful conduct and letters, to the Head of the Navy Department, have heretofore been punished without the in- strumentality of a Court Martial, and may be again. If this Court shall determine, that such conduct and such language constitute 55 434 no offence, of which it can take cognizance, the consequences of that decision will be felt, and felt only by those belonging to the service. The Government, instead of submitting cases of this de- scription to the determination of such a tribunal, instead of bring- ing those who have offended, before their peers, for a fair and im- partial trial, will be compelled by the principle of self preserva- tion, to exercise the power which it possesses, of punishing the offenders. The act of submitting this case, therefore, to this Court, so far from being a measure at which the accused ought to take exception, should be received by him in the same feeling in which it was done. The only object was to afford him an oppor- tunity of submitting to the impartial determination of his peers, whether any justification, any extenuation, any apology ; could be offered for conduct, which, in itself seemed so highly reprehen- sible and so deserving of punishment. If this Court shall deter- mine that, in point of law, every officer in the Navy may, without violating any article of the Naval code, and without subjecting him- self to punishment, before a military tribunal, write disrespectful and insubordinate letters to the President of the United States, and to the Secretary of the Navy; may publish to the world his orders and instructions from the government, and his correspondence with the Department ; may publish accurate or inaccurate statements of the proceedings of Courts of Inquiry, while the same are under advisement of the Executive ; may make charges and insinuations, not warranted by the facts, highly disrespectful to the Secretary of the Navy and the members of a Court appointed to investigate his conduct so let it be. The individual, charged by the govern- ment with such insubordinate conduct, should be the last to desire to withdraw such an accusation from the decision of his brother officers. On this occasion, as on all others, in which it prefers charges, the Government has expressed its opinion that the acts which the accused is alleged to have committed, are reprehensible, and de- serve punishment. All charges brought before a military tribunal, necessarily involve the idea, that the person who prefers them^ conceives the facts set forth to be criminal, to the extent in which they are so charged, unless some circumstances of justification or mitigation can be presented. The single object of submitting the Charges to the consideration of the Court, is to ascertain judicially, whether or not, he has acted as he is charged with acting, and whether he was justified by the circumstances in which he was placed, in so acting. In the present instance, an opportunity has been afforded to the accused before this high tribunal, of proving that he was authorized to use the language which is accused of being disrespectful ; that the assertions and insinuations alleged to be not warranted by the facts were true and that he was justifiable in the conduct which is charged to be reprehensible. Instead of availing himself of this opportunity, he insists that these allegations, if true, no matter to which he can be called upon to answer before 435 a Court Martial. He rests his defence upon the law, and by the Jaw his case must be decided. I shall now proceed briefly to examine the objections both gene- ral and particular, that have been urged, and shall endeavour to sa- tisfy the Court by reason, by positive enactment, and by prece- dents of high authority, that this charge, and each and every of the specifications, are sufficient in point of law. On the present occasion it may be considered as superfluous to disprove the correctness of a general position which has been as- serted with so much confidence by the very able counsel for the accused, that no offence can be tried before a Court Martial, but one which is specially prohibited by some positive statutary enactment. To shew that the learned counsel has been in this particular not quite so accurate as might have been expected from his known ac- complishments anJ varied erudition, I shall beg leave to cite a single passage from an author to whom he has frequently referred. Mr. Tytlor, after quoting the 36th section of the British Mutiny act, thus proceeds to comment upon its provisions. " Although it follows from these clauses, that no crime which is mentioned and defined by the articles of war, is punishable by a Court Martial in any other manner than that which is specially directed by those articles; yet it does not follow that there are no crimes punishable by a Court M trtial, but such ns are enumerated and declared to be pun- ish-ible by the articles of war." (a) He then proceeds to shew that a Court M;irtial may inflict punishment for any breach of the regulations or orders respecting the army, though nothing touching the same should appear in the Mutiny act or articles of war. ' In the following page he continues " But there are offences which admit of no precise definition, and yet, which in the military pro- fession, are of the most serious consequence, as weakening and subverting that principle of honour on which the proper discipline of the army must materially depend. Of these, a Court Martial, which is in the highest sense a court of honour, are themselves appointed the sole judges, or rather the legislators ; for it is in their breasts to define the crime, as well as to award the punishment." Every officerin the Navy, occupies a particular relation with the President of the United States, his commanding officer, by whose appointment, and at whose pleasure he holds his commission. Ma- ny instances of crimes of a military character might be enumerated, Which are not in terms prohibited by any code of Naval law. Ma- ny military offences it would be impossible to define, with the same accuracy with which offences at common law are defined. Many are wholly dependent upon the relationship which subsists between the officer and his superior. Among these is insubordination, a term perfectly well understood, both in civil life and in military service. The definition, or rather description of subordination, fans been given with great accuracy in one of the works to which the learned counsel has referred, and it will hereafter be particu- (o) p. 1078, 436 laity cited. Without subordination no service can exist, no disci- pline be enforced, no harmony preserved. It is peculiarly a mili- tary duty, though by no means exclusively so. The general peace of society, the domestic tranquillity of families cannot co-exist with insubordination. The general meaning of the term subordination, may be distinctly comprehended, but it would be impossible to enu- merate all the cases, much less to describe them with logical accu- racy, in which an officer may be guilty of insubordination. The meaning of the term being comprehended, and no soldier can long remain ignorant of its signification or of the necessity for enforcing it, its application to particular cases, must be determined by the sound discretion of the Court. In this respect, it is analogous to mutinous conduct, disobedience of orders, &c. which must always and necessarily be equally vague and indefinite, and be equally ap- plicable to a thousand wholly dissimilar actions. So also, in regard to conduct unbecoming an officer, or as the same idea is frequently expressed in military books, and before mi- litary courts, unofficer-like conduct, a form of expression which, though perhaps not found in any vocabulary, is as intelligible as any other in the language. Whether any particular act merits this epi- thet, can scarcely be a matter of serious doubt among officers whose own characters and demeanour clearly demonstrate that they per- fectly well understood in theory, and never omit in practice, a con- duct which becomes their rank and station. If doubts on such a question should arise, they will never be solved, nor will the minds of the members of the tribunal whose duty it is to decide them be illuminated, by special pleading or verbal criticism. The instances are numerous in which officers in our own service have been ar- raigned before military courts for acts which are stigmatised as un- becoming their station, and perhaps it would be difficult to conceive a more complete disqualification for holding a commission, than an actual ignorance of the meaning of these phrases. The. learned Counsel, in commenting upon this charge, has al- leged that " the conduct imputed to the accused, is characterised by an epithet unknown to our language ;" and, after exhausting his critical talents in conjecturing its meaning, he comes, at last, to the conclusion, that the signification to be attached to it, the most fa- vourable to the prosecution, is, that as subordination has, by one single author, been made to signify obedience of orders, insubordi- nation, or insubordinate conduct, must mean disobedience of orders. Without indulging the idle expectation, that it will be in my power to compete with the ingenious gentleman in his philological researches, or to do full justice to a specimen of verbal criticism, which, however suitable an appendage to the Diversions of Parley, seems to have wandered out of its proper sphere, when it found its way into the proceedings of a Court Martial, I must beg the indul- gent attention of the Court to a few remarks. One of the most beautiful and philosophic writers, whose works embellish English literature, commenting upon a similar effort of in- genuity, asserts that it proceeds on a total misconception of the nature of 3, * ap . pMltlOB o on a the histor naure o , . the history ^l^gSS^^ Wbich ' in words, and which, often/ by sow and i Ju^ ' the S: ' me them to such a distance from thei prSe or S?T 8 ' ^^ no ingenu.ty can trace the successive Jt"r n f fh "' Sense ' that The signification which the learned Com h pro S ress '" () has uote e sgncaton which the learned Com h ess ' buted to the words MferrifcfltT!!? IA T has ^ uoted " attYi- ble; I shall, 1 d reflects honour upon its execution if K ^ Cy of comnr >and, In the 2d vol. of Marshall's Life of Washington D 24 <; fi A , eminent authority remarks " Thp < lu gin, p ^45, 6, that in a sjtafe. fifoim*!* army was consequently founH *u d sidtt? OI 3JCOOSL f*fl tl PP rl icnT*n*o ** j i 7 "uiju 3^=^t5SSSSa?S terms for which enlistments had been made '^ ^ the Sh rt <) Stewart's Philos. Ess. 239. 438 tained by the foregoing citations, which have been introduced, for the purpose as well of showing the military sense of the terra, as the high importance of the military duly of subordination ; it would, perhaps, be unnecessary to consume time in shewing, by reference to equally high authorities, the meaning of the word, and the dan- gerous character of insubordination. It might be sufficient to quote from Dr. Johnson's preface to his Dictionary, a single passage, to shew why this term is not found in any vocabulary of our language, if such indeed be the fact. That learned lexicographer observes '" of some forms of composition, such as that by which re is prefixed to denote repetition, and un to signify contrariety or privation, all the examples cannot be accumulated, because the use of these parti- cles, if not wholly arbitrary, is so little limited, that they are hourly affixed to new words, as occasion requires, or is imagined to re- quire them." I shall however, cite a few examples of the use, as they will serve to shew the signification of the word. The Chief Justice, in the 2d volume of his Life of Washington, p. 327, speaking of the character of the American troops, at an early period of the revolutionary struggle, observes " A spirit of insubordination seemed to pervade the whole mass." In page 366, referring to the condition of the American army in Canada, under the command of General Sullivan, he observes, " the whole were in a state of total insubordination," The word is employed repeatedly by the very able and ac- complished gentleman, who prepared, as counsel, the defence of Lieut. Kemion. In p. 75 of the report of that case, he says, " Do not believe I am an advocate for insubordination. If one expres- sion of that character can be found in my letter, I merit punish- ni'-nt. and will patiently endure it." In p. 88 : " The testimonial which thie Court has deigned to afford me by their evidence, per- mits me to say, and to say proudly, that 1 have never dishonoured it by one act of insubordination, or the smallest departure from duty." In p. 91 : " Discipline is exposed to two foes, coming from opposite quarters, and assailing it at different points. Insubordina- tion, \vhich founded on man's natural impatience of control, often leads the inferior to resist necessary authority, &c." Again, in the same page ; " If insubordination, in its restlessness, has sometimes raised its arm against rightful authority, &c." And in p. 92 : ** i venture to anticipate such a decision as will remove this unfound- ed opinion, maintain the true discipline of the Navy, and convince all grades of service that, though insubordination will always receive its merited punishment, oppression will find neither countenance nor impunity." On the same trial, the sentence of the Court, drawn up by the Judge Advocate, bearing the same name with the learned Counsel, whose ingenious criticisms have given occasion to this, I fear, tedious examination, and, as I understand, nearly allied to him, contains this sentence : " The Court cannot, by its silence, give sanction to sentiments, which, though, clothed it> the 433 mantle of aflefence, are calculated to diffuse principles of insubor- dination in the Navy." A single reference to an English work will be sufficient. Mr, Tytler, whose learning has been highly commended, and whose au- thority has been recognized by the learned counsel, in p. 86, 7, of his treatise, says, speaking of Cromwell : " Finding that the whole army would be speedily in a state of anarchy and total insubordi- nation, he determined, by a daring exertion of power, to remedy this alarming disorder." After these citations, I feel myself fully warranted in saying, that if the word insubordination had been employed instead of the phrase insubordinate conduct, no possible exception could have been taken to it, either as " a solecism in language," or indefinite in its signification. I will respectfully submit to the Court whether it is possible even for the microscopic perceptions of the learned coun- sel to distinguish the difference between them. The signification of both is the same, and the obvious meaning to be attached to ei- ther form of expression is, such conduct as is wholly unsuitable to the relation which subsists between the person guilty of it, and his superior in rank and authority, As has been already intimated, my object in multiplying quota- tions, has been not merely to shew the propriety and legitimacy of the expression employed in this charge, but a'so to establish the next position upon which 1 shall proceed to make an additional re- mark, that subordination is a high military duty, and insubordination a high military offence. It has been shewn that, by the 1st article" of the regulations for the government of the Navy, all command- ers of vessels, &c. are strictly enjoined to shew in themselves a good example of virtue, honour, patriotism, and subordination. Why this injunction, if those to whom the example is set are not bound to follow it : if insubordination or insubordinate conduct be not a military offence ? To require that the military law should specially enjoin subordination, or prohibit insubordinate conduct, would be as wise as to require that a particular statute should be passed, specially forbidding the violation of any law, and requiring obedience to law. Every citizen, independently of special enact- ment to that effect, by entering into the social compact, by the very act of becoming a member of the community, engages to obey the laws of that society to which he has attached himself. In like manner, every soldier, by connecting himself with the service, as- sumes upon himself the obligation lo perform the military duty of subordination. A man accused before a court of common law, or before a Court Martial of treason or murder, may with equal shew of reason demand to have the particular statute pointed out, which prohibits those high offences. None such can be produced. In the law of God is found the prohibition " thou shalt do no murder ;" it has not been introduced into any statutory code of social or municipal law, with which 1 am ! 440 acquainted. The prohibition in them is tacit, the offence is des- cribed, and the punishment affixed. It is said, however, that the language of this charge is too vague and equivocal : that it does not apprise the accused of what he is called upon to answer. Numerous authorities have been cited to enforce and illustrate this position. A reference to them will shew, thai the learned counsel has required far more minuteness of detail than is warranted by any writer upon military law, or by the prac- tice of courts martial. Tytler, in the passage read by the learned counsel, p. 213, speaking of the only instance in which the British military code enjoins a particular specification, says " it might perhaps be argued that in other crimes such specification is not essentially necessary : and it must be owned, that, in practice, it has too frequently been dispensed with, and a general charge allowed, as of mutiny, disobedience of orders, disrespectful conduct to superi- or officers, &c. But the generality of such charge, although it may not be absolutely reprobated by the military law, or amount to an avoidance or annulling of the indictment, affords, in every case, a competent and weighty objection upon the part of the accused, which he may urge, to the effect of having the charge rendered special, by a pointed detail of the particular facts on which it is founded." The same idea, in the same language, may also be found in McComb's Treatise. From this passage it clearly appears, that a prisoner may be arraigned before a Court Martial, upon the gene- ral charge of mutinous conduct, disobedience of orders, and the like, without any specification ; that such generality of language does not vitiate or annul the indictment, as it has been termed ; and that the only course by which the accused can remedy or guard against the inconvenience to which he may be thereby subjected, is to require of the prosecutor particularly to specify the facts which he intends to prove by testimony. In the present instance, there- fore, the accused would be unable to succeed in his present appli- cation to the Court, if the charge had been as general as it now is, and unaccompanied by any specification of the circumstances in which the alleged criminality consists. If he apprehended incon- venience, or surprise, he might have applied to the Court to re- quire such detail, before he undertook to plead to the charges. The learned counsel has indeed intimated that this cannot be done in this country, because one of the articles for the better govern- ment of the navy, prohibits any alteration in the charges, after the same have been furnished to the accused. To this remark, two very sufficient and conclusive answers present themselves. First The statement of the prosecutor, under the order of the Court, of the particular evidence by which he designs to substantiate the general charge, neither is an alteration of such charge, nor does it require such alteration to be mode ; it is a wholly extrinsic act. Secondly This provision is made for the sole protection of the ac- cused, and no principle of law is more clearly settled, than that any ooe may renounce the benefit of a statutory provision designed for 441 - * ion of charactr " nJ? a>De ' the firs t charge was , and scS ^condu t "'^ Unoffi -Hike, * shew that such a charge aa has been J~? e C ?? 9 are 8ufficifi nt to stance as we Jl establlhed ^JSiSfc^ '" the present in ' have shewn it to be by a reference to w > UF Wn Service ' as J authority U JtS| WntCrS n milita O' law, of caasperf t by itself. Connected with the JES**? IMuIated ' and sta ^' particular instances in wh ch the cClT'^ Which P oint ou t leged to be insubordinate and l f the accu *ed is al- scarce, have been indu Ted 5^2Sfif Officer ' he C0uld which he might choose to appear ^hTLh r P artlcular ^ress i n or hat, or the other minor K^n f r n J Wearin S his ^rd routine of society to which refill K i. ' n ' r the comm t.ou s ,y made , co ,f ld hS^bSS^^ SP rtive1 ^ and fkce - whch he had rendered him"e f ' ,1^ P " rtlcular insta "" ' Vagueness and indistinctiven^ss a ludPr?; K th ' S char e - A11 th e a reference is made to the pJ tlcnl ^ 6d t ?^ thecounsel - vanish when tions of this charge. I ! Tot bv L h' ^ '" the Specifica ' bv fewf ^^ 3nd Submit ^ the con- .hat have gemsu 142 It is objected to this specification, that it does not set out the language alleged to be disrespectful, and that it does not charge any oflence, cognizable before a Court Martial. It is somewhat singular that such an exception should now, for the first time, be presented to the con- sideration of a Court Martial. In the case of Lieutenant Abbot, the third specification is in the following words : " In that he did, dur- ing the time, on the station aforesaid, on or about the llth day ot January, last past, address a letter to the Secretary of the Navy, covering a communication written in his own hand writing, or by his direction and request, containing numerous false, scandalous, and malicious charges, against his superior officer, Captain Isaac Hull, cal- culated to deprive the said Captain Hull of his honourable fame." Here a letter is referred to by its date only, as containing charges of a very serious character, against the individual therein mentioned, but not a word of that letter is recited in the specification. The charge and specifications, in that case, were drawn up and signed by Captain Porter, in his official character as Navy Commissioner. The Court, consisting of members, of whose intelligence and ca- pacity, it would, on this occasion, be indelicate to speak, as three of them are now sitting on this case, tried Lieutenant Abbot, found him guilty, and sentenced him to be punished on this specification. Neither the accused, nor the very eminent counsel concerned in his behalf, William Sullivan and Samuel L Knapp, Esquires, ever con- ceived that it was necessary to set forth those passages in the letters, which were deemed reprehensible ; and it escaped the observation of the Secretary of the Navy, now one of the judges of the Su- preme Court of the United States. If the objection in the present case is sustainable, with how much propriety and force might it not then have been urged ? So, in the case of Lieutenant Kennon, in which also the same prosecutor preferred the charges, and, on the trial, of which three of the members of the present Court sat, the first specification charged the accused in a still more vague and ge- neral manner, than Captain Porter is now charged, " by falsely ant maliciously publishing, in the Norfolk and Portsmouth Herald, the 13tli of December, and in the column dated the 12th of th same month, a letter purporting to be from me to him, when I neve wrote such a letter." It is true that all objections arising out defects of form, are, on that occasion, distinctly waived by the ac- cused, who rested his defence exclusively upon the broad denial ot the fact, but no intimation was given by any one, that such a specifi- tion wa* deficient in that particular. So in the case of Midshipmat Payne, under the general charge before mentioned of " defamatioi of character," the specification wns, " that he did on or about tht 2nd of December 1821, send or deliver to Commodore Jones a let- ter, containing a number of charges, charging Midshipman Purvy- ance with theft, cowardice and other disgraceful acts." In all these cases, whether because such an exception never occurred to the ac- cused as sustainable, or because they preferred meeting the charge on the broad basis of fact, no such technical objections were urged- 443 employ - o JW, without the author! y of thl F?*?*' f the Court of 5 not guilty O f insubordiul contc^ r n "l c V o e 'H V ? 6 ' her a " fficer Wtioo, m making an appeal to It IIP A ? COnduct unbecoming his E!S^>.~^5^S^^^ endeavouring to Bta I public opinion, while tha case iT m * -' 9 C * 8e ' and to ** and consideration of the Executiv m mde 1 '* oin S the examination any other tribunal. The pernic o?, 7 J 8ubmitted to this or " tfrom sucha step.cann^e^ne.., ^ UeUC ; eS that ma y "- ficial observer, and c an ecarcdy^e e !" "'^ 156 stances : when, as a Naval commander, I was delegated to display the flag, and carry the arms of my country to remote regions ; and there upon my sole responsibility, without other counsel than my devotion to her glory and prosperity, to fulfil the imperious duties of this high and most delicate of trusts, by upholding the just pow- er, and vindicating the sovereign rights appertaining to her belligerent character, according to the laws and customs of war, and the dic- tates of military prudence : rights which I could neither abandon, relax, nor compromise, without diminution of her glory, and de- rogation from her dignity, nor without bringing eontumely on her flag, and overwhelming myself with disgrace. The principles established by the documents now adverted to regard Spain in her simple character of strict neutrality, without reference to her higher and more sacred obligations, or the corres- ponding claims upon her as an ally. In the late war with Great Britain, in which the Indians of Florida took part against us, General Jackson was expressly author- ized by President Madison to take Pensacola, if it were found to have fostered Indian hostilities by ministering to their wants, and affording them the means of annoyance. If, proceeds the order, as indited by Secretary Armstrong, the Spaniards admit into their towns, feed, arm, and co-operate with the hostile Indians, you must strike upon the broad principle of self preservation." The principle thus concisely and forcibly enunciated, was devel- oped and followed out to all its consequences and analogies, in the campaign of 1818, against certain Indian tribes of Florida, called Seminoles and Redsticks, who had commenced hostilities, and car- ried on the most savage warfare against our Southern frontier. Spain being then just as much at peace, and in as positive a state of ajnity with us, as at any time since. She held the undisputed sove^- reignty of both the Floridas, where she maintained civil and mili- tary Governors, numerous garrisons, and fortified places. But the extent of country over which she exercised any practical sway, was very inconsiderable, in proportion to the extensive regions occu- pied by numerous tribes of savages and outlaws, who nevertheless inhabited a country under her nominal sovereignty : and the phys- ical power of each was in the same proportion. When General Jackson, in the winter of 1818, took command of the army assembled to repel the incursions of the Indians, he found his predecessor, the second in command, General Gaines, in posses- sion of certain limited and defined instructions for entering Florida in pursuit of the hostile Indians, if it should be found necessary to repress their inroads. The savage foe was soon driven to his fast- nesses within the Spanish territory and jurisdiction, and pushed by hie victorious pursuers to the vicinity of St. Marks, a fortress regu- larly garrisoned by Spanish troops, and being well ascertained by the General to have been a place of resort for the savages, where they obtained aid and comfort, and were abetted in their hostilities against our frontier, it was entered by our troops with violence, and held during the residue of the campaign. A British subject, domiciled 457 Ih'ere, under the protection of Spanish laws, was executed as a Spy and incendiary, who had instigated the savages to hostility, (e.) The General then carried his victorious arms to Pensacola, the capital of the Province, which was entered by our troops without opposition, the Spanish garrison having retreated to the neighbour- ing fort of Barancas. This last was instantly invested, and, after a severe cannonade, was on the point of being stormed, when the Spanish Governor and his garrison entered into a regular capitula- tion ; surrendered the fort, and were transported to Cuba. Thus, in possession of the capital, and of all the strong places of the pro- vince, it was treated as a conquered country : civil and military de- partments were organized the laws of Spain continued in force, the preservation of the archives provided for, accompanied by all the minute arrangements usual after conquest. The stated provoca- tions to these acts of hostility, are the inadequacy of the power of Spain to resist the encroachments of the savages ; the provisions and ammunition with which these last had been supplied, either extorted from the weakness, or granted from the bad faith of the Spanish authorities. And lastly, the interruption by the Spanish Governor, to the passage of supplies from New Orleans for our troops, up the river Escambia. The Spanish Governor hearing of General Jackson's approach, had issued a proclamation, forbid- ding it in the most indignant terms, and threatening to employ force if he did not immediately evacuate the country. This new and un- expected enemy, says the General, was made to feel the impotence of his threats. In the general orders and proclamation, setting forth these and other reasons for the measure, it is justified by the sacred and immutable laws of self-defence, as Spanish authority could not be maintained in Pensacola. (/.) Having thus overrun one Spanish province, expelled its garrisons, and taken all its strong places ; and thinking with good reason, that Indian hostilities had been effectually checked, the General retired from the field. But, hearing in the course of the summer fresh accounts of renewed or threatened hostilities, and of continued abuses of Spanish territory and means to our prejudice, he despatched an order to General Gaines, directing him, if he should be satisfied of the fact of the In- dians having been excited to hostility by Spanish agents and officers about St Augustine, and fed and furnished from that place, immedi- ately to occupy it, and the garrison as prisoners. This order was countermanded by the Secretary of War, not from any disapproba- tion of what had been done, or was about to be done ; but because an amicable arrangement had, in the mean time, and unknown to General Jackson, been made between the two Governments, for the (e) Vide Gen. Jackson's Official Reports to the Secretary of War, 25 March, 3th April, and 5th May, 1818. Niles' Reg. vol. 15, p. 307, 308, 311. (/) Vid. General Jackson's general order, giving detailed account of the campaign, dated Barancas, 29 May, 181o. His proclamation of the samft date the capitulation of Barancas, &c. &.c. Niles' Register for July, 1&18, vol. 14, p. 334 6. Also his letter to the Secretary of War, June 2, 1818, an6 character of neutrals, the conduct of the people of Faxardo^ would have justified stronger measures, than any adopted by me towards them ; but, as the subjects of an ally, embarked in a common cause, they were out of the pale of protection from theirown state : they were identified with the enemy of their own state ; and the worst species of enemy, pirates. They were themselves either actually or constructively pirates ; and, in attacking and subduing them, (if I had gone that length,) I should have attacked and subdued the enemies of the very state whose territory and sovereignty I am charged with having violated. The only question, then that remains, is, whether it were a vio- lation of my instructions, to have awed these people into some re- gard for their own duties, towards both the allies, and some greater respect to the allied arms, by a display of military power pushed no further than to produce the moral effect of operating on theio fears, by a demonstration of what we could and would do, if they persisted in their iniquities. The question, then, may be reduced to this : whether a set of instructions, that passed through the hands of so eminent a lawyer and judge as Secretary Thompson, and had received the sanction of his name, had been so improvidently phrased, as to forbid me from doing the very thing 1 was sent to do namely, from protecting the commerce and the citizens of the Unit- ed States from piracy ; when it should so happen that the perpe- trators, or, what is the same thing, the abetters, associates and ac- cessaries of the perpetrators, and so identified in appearance and circumstance with them, as rendered it impracticable to make any specific distinction between principal and accessary, appeared in the persons of men, who had added, to the crime of piracy, that of flying in the face of the authority of that Government, under which they pretended to live. An absurdity upon the face of the propo- sition ; and therefore impossible to be inferred from any sensible and well advised instructions. Still, it may be more satisfactory to enter into some analysis of that document, in order to see, if its terms give any colour to so strange an imputation on its consistency. Let it be remembered, that the question is not whether my in- structions, in terms, import an authority to do the act, but whether they prohibit it. It has, already, been shewn, from reason, authority and precedent, that, in proceeding upon the principle of self de- fence, to attack or repel the enemy by the same means, that he uses for our annoyance, no act of hostility is supposed to be com- mitted against the neutral or allied sovereign, when his territory or his subjects are involved in the consequences of belligerent operations. That it was not to attack or to punish Spain, but simply to repel the attack of the enemy through her instrumentality, and with her means, was the principle assumed throughout the whole of General Jackson's justification. To have made war upon Spain, for any caue ; either for her violation of treaties, or for her breach of neutrality, could have been justified in no other way, but by the 467 express authority of Congress, who have the exclusive tion of peace and war, and are the exclusive judges when and for what provocations war shall be declared. It is for them, and them alone, to decide whether national insults or injuries shall be re- sented or waived. The utmost extent of the President's power, is to call out the force of the nation to repel invasions ; in the exercise of which power, it is true, almost all our belligerent operations, since the existence of the government, have been carried on. All these operations, then, upon Spanish territory and subjects, by way of self-defence against our enemy, result from the incidental rights of actual war, as fully vested in every naval or military command- er, to whose hands the arms of the republic are committed, as in the President himself. The only difference is, that the President, in his quality of Commander in Chief, may restrain or modify, at pleasure, the practical exercise of the right, by them in command under him ; but, in the absence of such restraining order, these high belligerent rights exist, in their full force, in the person of the officer in the immediate command, whatever be his rank. Upon that principle was the capture of the Spanish towns and posts in Florida, explained and justified. The American note, before cited, expressly states, that General Jackson had no order, from his Go- vernment, to take them ; but that he decided, from his own discre- tion, upon the measure ; " of the necessity for which he had the most effectual means of forming a judgment ; and the vindication of which, is written in every page of the law of nations, as well as in the first law of nature self-defence." Then my justification requires no order or instruction command- ing or authorizing, while it is indispensable, to the crimination of my conduct, that some order should be shewn forbidding me to ex- ercise the otherwise clear right to adopt the highly expedient ne- cessary, and, in all its public results, most fortunate measure, now in question. The incidental power, to its fullest extent, was inhe- rent to my command ; unless that command had been stripped of it, by a positive order. This brings us directly to the question, whe- ther my instructions, of the 1st February, 1823, do, in terms, for- bid me to exercise this power. 1 maintain, not only that there is the absence of any such prohibition, express or implied, but that the course of conduct which I pursued, is enjoined by my instructions ; and if I had neglected that injunction, I should at once have basely betrayed the high and sovereign rights of war ; with which the glory and safety of the nation are so essentially connected ; and have rioiated the letter and spirit of my instructions, by a course of conduct directly opposite to that, now imputed to me, as a disobe- dience of orders. I shall proceed to lay down a few simple rules of interpretation, by which the sense, in which I clearly understood and acted, upon my instructions, may be demonstrated, as their true import and meaning. 1. The reason or final cause ; the main ond to be accomplished, 468 deserves the first consideration. Then, I was appointed to the command of the squadron, for the purpose of repressing piracy, and affording effectual protection to the citizens and commerce of the United States. " I am told that it is * my duty to protect our com- merce against all unlawful interruptions, and to guard the rights both of persons and property of the citizens of the United States wherever it shall become necessary. " Such is the final cause, or end of the armament. It was upon this principle, mainly, that General Jackson rested the justification of his procedure in Flori- da, when he appealed to his instructions, from the War Depart- ment, in which he was informed that the " honour and interest of the United Stales, required a speedy and successful termination of the war : " and, he argues, that he pursued the only means by which he could have effectuated that intent ; and that the intent, both general and particular, expressed in the order, justified the means : those means being, in themselves, entirely conformable to the established laws and usages of war. (a.) The means, by which I was to have accomplished the object of my command, were left to my discretion, under the guidance of some general rules. The limitations of my authority from which any thing like a prohibition nviy be inferred, are expressed in two clauses. I am, in the first place, told that " where a Government exist* and is felt, you will, in all instances, respect the local au- thorities ; and only act in aid of, and co-operation with, them : " and again, " in no case are you to pursue and apprehend any one, after having been forbidden to do so, by competent authority of the local governments." Now the term "government," or "local government, " certainly means the supreme power of the country ; and, in reference to the Spanish Islands, means the several pro- vincial governments there established, called local, in contradistinc- tion to the government of the mother country, which is supreme over all. It cannot be pretended, that the term comprehends the inferior magistrates of obscure towns and villages. Then this go- vernment must not only exist, but mustbe/e/f: and felt to what purpose, and to what extent ? Surely, to no less than to maintain, practically and efficiently, its sovereign and active authority, in the country ; to the purpose and to the extent of holding it inviolate, from the inroads of the common enemy. In a preceding part of the instructions, places, to which the " active authority of the go- vernment does not extend," are spoken of: nor can it be less than the active authority of the government, in any case, that I was bound to respect. I am told, repeatedly, in my instructions, that [ am to presume that the Spanish authorities and people will make common cause with me, and cordially co-operate with me : I am told so in the very clause, which requires me to respect the local governments : and strange, indeed, if I had been required to re- spect them, on any other terms. I was acting, not only upon this f.) Vid. Nijes' Recit.;r, vol 18, p. 3f!l-~2. 469 presumption, but upon the faith of direct and positive assurances, from these very local governments, that they would so co-operate ; confirmed by unequivocal acts of co-operation. When 1 came to discover upon these Inlands, extensive settlements of pirates, in the various disguises of fishermen, &c. ; when I found considerable districts, in the possession, or under the controlling influence, of pirates ; would it have comported with due respect to the lo- cal governments, to have presumed that such infamous abuses were by their authority ; and that, by attacking the pirates, I should be invading the rights and dignity of the governments ? Are these pirates to be viewed, in such circumstances, as " Spanish authorities, or people," in the sense of my instructions? If such were the presumptions upon which we were to act, we committed innumerable transgressions, in the instances of the se- veral piratical establishments broken up and destroyed, without complaint, on the coast of Cuba, as before mentioned. But the meaning of this injunction, to respect the local authori- ties, where a government exists and is felt, is decided by its imme- diate context ; for it goes on to direct that I shall only act in aid of, and co-operation with, them. " Now the one of these injunctions, is just as obligatory as the other : those whom 1 am to respect, " I must en-operate with and aid : they must be in a condition to challenge the observance of both, or of neither. Then, if I am to respect the people and authorities of the islands, who are identified in character and conduct, with the pirates, I must also actin aid of and co-operation with them;" and how consistent this may be, the main end and aim of repressing piracy, and affording effectual pro- tection to the commerce and citizens of the United States, needs no remark to illustrate. When I am told that I must not continue the pursuit of pirates on shore, " after having been forbidden to do so by competent authority of the local government," should I have been justified in accepting the prohibition of the pirates themselves ; or of their known, or strongly suspected associates and acces- saries, as from such competent authority ? The only prohibition ever received by me, was in the form of open hostility and resistance, no otherwise to be accounted for, than as an attack upon the suppressers, and a defence of the professers of piracy. Lieut. Platt was not forbidden the pursuit and inquiry which occa- sioned his first visit to Faxardo : but he was at first received with insidious civility, and a professed respect to his official character, and in that guise conducted to the town, where the treatment he af- terwards received was equally unaccountable, upon any other ground than that of the people, or a majority of them, making com- mon cause, or being identified with the pirates. I am further di- rected, if the crews of any vessels, which I have either seen en- gaged in acts of piracy, or have just cause to suspect, as being of that character, retreat into the ports, harbours, or settled parts of the Islands, I may enter in pursuit of them, for the purpose of aiding the local authorities, or people, as the case m;iy be, to seize and 470 bring the offenders to justice ; previously giving notice, that it is my sole object. Then here is an affirmative direction, (not neces- sary to communicate the authority, but only declaratory of an au- thority already inherent to my command.) to pursue the enemy in- to the ports, harbours, and settled parts of the Island, but qualified by a limitation, which necessarily supposes that there are authori- ties or people present, who have the will, and, with my aid, the power to seize the offenders, and bring them to justice. But sup- pose no authorities or people of that description are to be found ; and though the country be ever so thickly settled, it is occupied and held by pirates and their accessaries, who exert a controlling in- fluence and effective power over the District, and hold what people and authorities, there may be, in check, or in close alliance : is not the hypothesis, upon which the limitations of my otherwise absolute authority are expressly founded, done away, and is not that author- ity consequently left in its pristine force ? Is there any possible construction of the document that could require of me to aid and assist people to seize and bring themselves to justice ? The very case put by my instructions, as requiring the pursuit of the piratical crew, was presented. I had just cause more than to suspect that such a crew, which had robbed an " American citizen" at St. Thomas, had retreated with their plunder to Fax- ardo ; and, in the pursuit of them, I am encountered at the threshold by men of the most equivocal appearance, who stand forward to resist the pursuers and defend the pursued without par- ley or warning of any kind. Then, was I not bound to conclude, that these men knew what they were about, and that the defenders and persons pursued were the same. I knew to a certainty that they were not. and, in the nature of things, could not be acting un- der the authority of the local Government ; but I had the strong- est grounds to presume that they were acting against it. What rea- son had I to presume that they had any better authority than the pirates who fired upon Capt. Cassin, near Cayo Blanco, and upon Lieuts. Kearney and Newton at Gape Cruz ; and who, on other oc- casions, and at other places, committed the like violence, and, upon being pursued to the interior, were found to be settled in fishing villages, defended by cannon advantageously posted on the rocks ? It seems to me plainly impossible to construe my instructions as a prohibition of the operation upon Faxardo, consistently either with their context, or with the prominent and declared reason, or final cause of the course of service which they prescribed. A learned and judicious author has said, that " the nature of every law must be judged of by the end for which it was made, and by the aptness of things therein prescribed, unto the same end ;" a rule which absolutely concludes the present question. 2. The rule, which" requires an expression to be interpreted from its relation to what goes before, and what follows the place where it stands, " has been embraced under the head of rational in- already considered. But another rule, entering large- 471 !y into every question of interpretation, is derived from " the cir- cumstance of the same, or equivalent expressions being used by the same person, to express the same intentions, on other similar occa- sions." (/n.) Upon this point, it becomes material to examine the orders or instructions under which General Jackson acted, in the cam- paign before mentioned. The restrictive clauses of these or- ders, being more directly to the point, shall be more parti- cularly noticed : they are explained by two documents. 1st The President's Message to Congress, 25 Mar. 1818, declares that " to the high obligations and privileges of the great and sacred right of self-defence, will the movement of our troops be con- fined ; orders are accordingly given to the general, not to enter Florida, but in pursuit of the enemy ; and in that case to respect the Spanish authority, wherever it is maintained." (n) 2dly in Mr. Adams' letter to our Minister at Madrid, the order is laid down in nearly the same terms, (o) The only difference between the terms of the restriction upon him, and upon me, is that in my case, the Government must be felt ; in his, its authority maintained and what difference there may be between these terms may be explained, (if indeed explanation can be necessary,) by a reference to the Presi- dent's subsequent message, of November 17th, 1818, where this very expression of a Government being felt is used ; (p~) and though there was a regularly organized colonial Government, in possession of towns and fortified places, with well appointed garrisons, within the precincts of which Spanish authority was paramount and undis- puted ; yet, because their authority was confined almost exclusive- ly to the walls of St. Augustine, Pensacola, &c. because they could not exercise an efficient and active authority over those without the walls ; and because all these strong holds were made subservi- ent to the purposes of Indian hostility, the authority of the Gov- ernment was held not to have been " maintained," not to have been "felt" even within the walls of* places garrisoned by their troops^; BOt even in the capitals of their provinces, where the Government actually resided. These very places were taken, because the au- thority of the Government was not maintained or felt, to the extent required by her neutral duties, and necessary to give effect to oat- lawful means of repressing Indian hostilities. When the General found that the Government was not sufficiently maintained or felt, to fulfil the final cause or end of his military operations, but tended to defeat it, be was justified in concluding that it was not maintain- ed or felt to the degree supposed by the limitation in his instruc- tions, and of course that the limitation fell with the hypothesis up- on which it was founded. (m) 3 Cam. Grot. p. 145, sec. 7. (n) Vid. Niles' Reg. vol. 15, p. 100. (o) Vid. ibid. p. 371. fw) Niles' Reg. vol. 15, p. 2I3 472 Lest it be surmised, that the Government was secretly actuated by any policy to attack and undermine Spanish power in the Flori- - a great measure seconded by the officers and ng with high satisfaction have sustained the ' f is Porter, to ' has bee fl % And ' in * which ">ey f ' y ' the se " . Uncerta the medical officers h duties, it u-as though rank and experience, origin of the fever/and the future seasons ; to furnish ienng, and, if practir-ih^ * portant a ^o^ did him honour, cheerSllt f it in the manner S aCCe P ted to h ) ocer was se- nd / ' an ?, kn 7 in g that most of ' P 8t a 0fFlCer of ?' to Certain the Jo r' 1 ^" 06 ' here in to thos e who were suf. of abandon^ so i m . a P rom P {i tude which trust, and has discharged and patriotism. BefL . e ron, had removed f i the W n heg , reater P art of the squad- States, in consequence of th--, a murned to the United information haX^ btn^V f SlCkn t SS ' Much Usefui land, and great rehef affor^l ^ ^ ained ' as to the sta te of Jhe Is- left Jhere. Fded l those ' who had ^en necessarily f At an ear- were made to the , 502 indemnity for wrongs already committed, and interdicting the repeti- tion of them. The Minister, as has been seen, was debarred ac- cess to the Spanish Government, and in the mean time several new cases of flagrant outrage have occurred, and citizens of the United States in the Island of Porto Rico have suffered, and others been threatened with, assassination, for asserting their unquestionable rights, even before the lawful tribunals of the country." Vide printed message, p. 9 10. Extract from the Report of the Secretary of the NaVy to the President of the United States, Dec. 1, 1823, accompanying said Message. " On the western side of the Atlantic Ocean, and in the Gulf of Mexico, the operations of our naval force have been more active. Several vessels were in commission there at the close of the last year, To these were added, under the authority of the law passed at the last session of Congress, ' authorizing an additional force for the suppression of piracy,' the steam galliot Sea Gull, eight small schooners, the Grey Hound, Jackall, Fox, Wild Cat, Beagle, Fer- ret, Weazel,and Terrier; five barges, the Musquito, Gnat, Midge, Sandfly, and Gallinipper ; and one transport ship, the Decoy. Captain David Porter was appointed to the command of the squad- ron, and sailed from Norfolk about the 10th of February last. His station was at Thompson's Island, from which he despatched his vessels in such way as he judged best suited to attain his objects. The annexed extracts from his letters and reports exhibit the results. The size of most of the vessels, the nature of the duties, and the exposure of the officers and men, called for a display of persever- ance and fortitude seldom required of those engaged in our service but the call was well Answered. Every thing was accomplished which was anticipated from the expedition. Piracy, as a system, has been repressed in the neighbourhood of the Island of Cuba, and now requires only to be watched, by a proper force, to be prevent- ed from afflicting commerce any further in that quarter. The pub- lic authorities of the Island of Cuba manifested a friendly disposi- tion towards the squadron, and rendered much assistance in the pur- suit of its objects. On the 5th March, as Lieut. Cocke, in obedience to the orders of Captain Porter, was entering the harbour of St. Johns, Porto Rico, in the schooner Fox, he was killed by a shot from the castle. Extracts from the correspondence between Captain Porter and the government of the Island, on this subject, are annexed. The squadron was healthy and prosperous, until about the mid- dle of August, when a malignant fever broke out at the station, and destroyed many valuable lives. The first reports of this cala- mity were brought to the Department on the 17th September. At the time they left the island, Captain Porter and most of the medi- cal officers were sick, and there was great cause to fear that the squadron would be deprived of its commanding officer, and of the medical assistance necessary to its safety. Under these circnm-; I 503 stances if was considered expedient to send to the station aa officer of rank and experience, with a sufficient number of Surgeons, to furnish, in any event, the aid necessary for the safety and proper con- duct of the squadron, with power to remove it, should that be found necessary. Captain Rodgers cheerfully consented to encounter the hazard and responsibility attendant on such an expedition. He sailed from New York as soon as a vessel could be prepared for the purpose ; but, before his arrival, Captain Porter had become convalescent, and, with the greater part of the Squadron, had re- turned to the United States. The reports of these officers will fully explain their views of the causes of the disease, and the means by which a recurrence of it may be prevented. It is believed, that the Florida station is incalculably important to some of the best interests of this Union ; and that it ought not to be. deserted, until every expedient has failed to render it a secure and healthy position, for our vessels. I feel great confidence in the opinion that it may be made such, without encountering great hazard of, the evils we have heretofore suffered. For the protection of commerce, and the suppression of piracy, in the Western Atlantic and Gulf of Mexico, it is proposed, in the ensuing year, to continue Thompson's Island as the station for the vessels employed in those objects; to place there a ship of the line, armed and manned as a frigate, for which purpose the Inde- pendence is well fitted ; and to attach to the command the John Adams and Hornet, and one other sloop-of-war, with four of the larger schooners, the Grampus, Porpoise, Shark and Spark, one ol* the smaller schooners, and the barges. This force is competent to protect all our interests. The ship of the line, placed in a proper position, will afford comfortable accommodations to those who are obliged to remain at the station, and prevent the necessity of inter- course with the island, when danger is suspected. The cruises of the other vessels, except those which visit the coast of Africa, may be limited to four, five or six weeks, and on their return, their crews may be exchanged for othgrs. who, during the time, have been stationary. By these mean* and a proper attention to clean- liness, both in the men and the vessels, and avoiding intercourse with places known to be sickly, the health of all will probably be pre- served. For the proper execution of such a system, full reliance mav be placed in our officers. The island itself, by clearing, draining, and cultivating, will, after a time, probably become more healthful. It will be perceived, that this distribution of force includes only one of the small schooners. They were admirably calculated for the end for \vhich they were purchased, and have effected it. But piracy being for the present, repressed, and requiring only such a force as will prevent its revival, they are no longer necessary ; and, being both very expensive, and utterly subversive of all disci- pline, it is respectfully recommended that they be sold, retaining one for the present season ; after which, it may be sold. " Vide printed documents accompanying said message, p. 113 15- 504 Copies of correspondence of Commodore David Porter, and officers oj the Squadron, wider my command, in relation to the suppression oj piracy, accompanying the said report, and the President's said mes- sage ; and for which, reference is here made to the copies of the said documents, printed by authority of Congress from page 136 to page 194, inclusive. Extract from the President's Message to Congress, at the commencement oi the Second Session of the 18th Congress, Doc. 17th, 1824. " The force employed in the Gulf of Mexico, and in the neigh- bouring seas, for the suppression of piracy, has likewise been pre- served essentially, in the state in which it was during the last year. A persevering effort has been made, for the accomplishment of that object, and much protection has thereby been afforded our com- merce ; but still the practice is far from being suppressed. From every view which has been taken of the subject, it is thought that it will be necessary rather to augment, thau to diminish our force, in that quarter. There is reason to believe, that the piracies now com- plained of, are committed by bands of robbers, who inhabit the land, and who, by preserving good intelligence with the towns, and seiz- ing favourable opportunities, rush forth, and fall on unprotected merchant vessels, of which they make an easy prey. The pillage thus taken, they carry to their lurking places, and dispose of after- wards, at prices tending to seduce the neighbouring population. This combination is understood to be of great extent, and is the more to be deprecated, because the crime of piracy is often at- tended with the murder of the crews; these robbers knowing if any survived, their lurking places would be exposed, and they be caught and punished. That this atrocious practice should be carried to such extent, is cause of equal surprise and regret. It is presumed, that it must be attributed to the relaxed and feeble state of the lo- cal governments, since it is not doubted, from the high character of the Governor of Cuba, who is well known and much respected here, that if he had the power^he would promptly suppress it. '* Vide printed Message, p. 12, ib. Extrart from the report of the Secretary of the JVany to the President of the United Stales, December 1, 1824, accompanying the last message. " The manner in which the force assigned to the protection of our commerce, and the suppression of piracy in the West Indies, has been employed, will be seen by the annexed letters and reports of Commodore Porter, marked C. The activity, zeal, and enter- prise of our officers, have continued to command approbation. All the vessels have been kept uniformly and busily employed, where the danger was believed to be greatest, except for short periods, when the Commander supposed it necessary that they should re- turn to the United States, to receive provisions, repairs, and men, and for other objects essential to their health, comfort, and efficiency. No complaints have reached this Department, of injury from 505 privateers of Porto Rico, or other Spanish possessions ; nor have our cruisers found any violating our rights. A few small piratical vessels and some boats have been taken, and establishments broken op, and much salutary protection afforded to our commerce. The force employed, however, has been too small, constantly to watch every part of a coast, so extensive as that of the islands and shores of the Gulf of Mexico, and some piratical depradations have there- fore been committed ; but they are of a character, though, perhaps, not less bloody and fatal to the sufferers, yet differing widely from those which first excited the sympathy of the public, and exertions of the Government. There are few, if any, piratical vessels of a large size in the neighbourhood of Cuba, and none are now seen at a distance from the land. But the pirates conceal themselves, with their boats, in small creeks, bays, and inlets, and finding vessels be- calmed, or in a defenceless situation, assail and destroy them. When discovered, they readily and safely retreat into the country, where our forces cannot follow, and, by the plunder, which they have obtained, and which they sell at prices low and tempting to the population, and by the apprehensions which they are able to create in those who would otherwise give information, they remain secure, and mingle, at pleasure, in the business of the towns, and transactions of society, and acquire all the information necessary to accomplish their purposes. Against such a system, no naval force, within the controul of this Department, can afford complete securi- ty, unless aided by the cordial, unwavering, and energetic co-ope- ration of the local governments ; a co-operation which would ren- der their lurking places on land unsafe, and make punishment the certain consequence of detection. Unless this co-operation be ob- tained, additional means ought to be entrusted to the Executive, to be Hsed in such manner as experience may dictate. Vide printed documents accompanying the last message, p. 110. c. The letters and reports of Commodore Porter, referred to in the last report of the Secretary of the Navy, as marked C. : that is to say, such of the same as were made from the officers of the squad- ron, to Commodore Porter, whilst he was at Washington, in the summer of 1824, and by him officially transmitted to the Secretary of the Navy ; also his own official reports to the Navy Depart- ment, during the same period, to wit : Extract of a letter from Lieutenant Commandant James M. Mcln- tosh to Commodore David Porter, communicated to the Secretary of the Navy, dated Thompson's Island, July 12th, 1824. Copy of a letter from acting Lieutenant Alexander B. Pinkham, to Commodore David Porter, communicated to the Secretary of the Navy, dated U. S, SCHR. BJKAGLE, Quarantine Ground, X F. dvgvst+> 1' 64 506 Copy of a communication from Lieutenant Commandant K. L, Montgomery, to Commodore David Porter, communicated to the Secretary of the Navy, headed U. S. SCHOONER BEAGLE, &c. &c. Extract of a letter from Lieutenant Commandant Mclntosh, to Commodore David Porter, communicated to the Secretary of thft Navy, dated ALLENTON, Thompson's Island, 8th August, 1824. Copy of a letter from Commodore David Porter, to the Secretary of the Navy, dated WASHINGTON, August 9/ft, 1824. Copy of a letter from Commodore David Porter, to the Secretary of the Navy, dated WASHINGTON, August iQlh, 1824. Extract of a letter from Lieutenant Commandant Jas. M. Mcln- tosh, to Commodore David Porter, communicated to the Secretary of the Navy, dated ALLENTON, Thompson's Island, 25th August, 1824. For the contents of all which reference is here made to the said documents, as printed by the authority of Congress, p. 123, 128. Message from the President of the United States, December 28th, 1824, transmitting, (in compliance with a resolution of the House of Representatives, of the 27th instant,) information rela- ting to the visit of the Naval Officer of the United States, command- ing in the West Indies, to the town of Faxardo, Porto Rico, in November last. Vide Message, printed by authority of the House of Representatives, 28th December, 1824. Copy of a letter from the Secretary oftheNaty, to Com. David Porter, dated NAVT DEPARTMENT, April 9th, 1823. Sia : The enclosed copies, from the Spanish Minister, Joaquin de Anduagua, exhibit very strong complaints against Captain Ste- phen Cassin, Commander of the U. S. ship Peacock, which will render his return to the United States necessary, unless he can meet the accusations by denial, or evidence, so as to enable the Secreta- ry of State to reply promptly to the Spanish Minister upon the se- veral grounds of complaint. You will, therefore, communicate the enclosed to Captain Cassia^ and either order him home or return to me, as early as may be practicable, the evidence necessary to repel the charges. 1 am, very respectfully, sir, your most obedient servant, (Signed) SMITH THOMPSON. Com. DAVID PORTER, Commanding U. S. Naval force, West Indies and Gulf of Mexico. 507 NOTE. The copies referred to in the foregoing letter, consist, 1st, of a letter from Mr. Anduagua, dated New York, March 7, 1823, making the most vehe- ment complaints against Captain Cassin, of the Peacock, for the capture of the >pamsb schooner Carmen, alias Galliga the third: and charging Captain, assin with the most outrageous and unjustifiable violence and misconduct to. **rds the Spanish schooner and her crew. 2dly, of the declaration, under oath, of s Span.sh Captain and Mate, and the protest of the Captain and crew ; set- ting forth the acts complained of by Mr. Anduagua. For the particulars, reference is here made to the original of the said letter from the Secretary of the Navy to Commodore Porter, and the documents there- in referred to : all of which are hereto annexed. (Copy.) [TRANSLATION.] Declaration of the Captain and Mate of the Carmen. At New Orleans, the 30th of January, 1823, presented them- selves in this consulate of Spain, Don Jacinto Correa, and Don Ra- mon de Echevavria, the former Captain, and the latter mate of the Spanish schooner called Carmen, alias Gallega third, which on her voyage from the port of Sisal to that of Havana, was captured on the coast of that Island, off the port of Cabanos,by the United Slates' Corvette of war Peacock, and the schooner Louisiana, also of war, of the United States', and the vessel brought to this port ; and the declarants, with the rest of the crew of the same vessel, were carri- ed to Pensacola, where they were presented as pirates, and treated in the manner which they have expressed in the protest which they have exhibited, and of which a copy is annexed, and having made oath to God and the Cross, in faith of which they promised to speak the truth, they declared that besides the (acts of which they have made mention in their said protest, they witnessed the capture of other Spanish vessels, whilst they were prisoners on board the said Corvette, in the following manner. On the night of the 29th, 30th, September last, they saw the boats of the said Corvette go off arm- ed, the launch with a 9 to 12 pounder carronade, and all armed with pistols and cutlasses, and with marines and sailors, and by morning they returned on hoard without the declarant? having seen any prize ; on the following night the armed boats again went away, during which time they heard no noise, but after day light they heard great guns on shore, or in the river Puereos, and afterwards they aw brought from said river, in the course of that day, five barge?, which they brought with a red flag hoisted under the American, aud they saw taken from on board some of those vessels (they were two schooners) about a hundred bags of coffee, which they brought on board the Corvette, and another schooner marked with the No. 66 in the sail, and side of the bow ; she was brought along side, and they took from her wood and ropes, of which was all her cargo, and after they despoiled her of her sails and running rigging, with some useful rope and an old fowling piece, they afterwards took the mainmast and carried it on board the Corvette ; the other schooner appeared entirely loaded with part of the cargo over the covered 508 ftatches with ropes, in the form which the coasting vessels of that Island commonly call, hogsheads of sugar, the other two vessels ap- peared also loaded and marked or numbered, but they did not ap- proach sufficiently for the declarants to be able to distinguish the numbers, or to form a judgment of the nature of the cargo which they carried ; besides the above mentioned five vessels, they seem- ed to set another, which was stranded, on fire, as they heard on tbeir departure from the said river of Puereos. They also saw them take on board the Corvette, house furniture, birds of various kinds, such as turkies, geese, pigeons, parrots, &.c. and they heard two sailors, who spoke Spanish, say that they had gone on shore, and the people had abandoned their houses and every thing ; the three ves- sels which the declarants had an opportunity of seeing near, had not any armament, at least they were certain they had no artillery ; and they add that they made no mention of these captures in their said protest, as being taken and unjustly prosecuted as pirate- ; they judged that they should confine themselves solely to their case and to nothing else. Thus they have declared under the solemnity of the oath which they have made, protesting it to be the truth, and that it does not proceed from malice, and they sign it in my presence, on the said day, month, and year. JACINTO CORREA. RAMEN DE ECHEVAVRIA. Before me, ANTOMO ARGOTE VILLALOBOZ. A true copy. [TRANSLATION.] Protest of the Captain, Officers and Crew, of the Carmen. In the city of Pensacola, on the 27th of the month of November, 1822, before me, Don Jose" E. Caro, Notary Public of the Terri- tory of Florida, and County of Escambia, appeared in my office Don Jacinto Correa, Captain of the schooner called the Carmen, alias Gallega the third, about half past eleven of the said day, and requested that he might note his protest, to verify its formality in due form, in its proper time, and in evidence thereof, he signed it with me, the said Notary, which 1 attest. JACINTO CORREA before me, JOSE E. CARRO. Recorded in book A, folio 2, date as above, one dash. PROTEST. In the city of Pensacola, on the 29th of the month of November, ef the year 1822, before me Don Jose" Estevan Caro, Notary Pub- lic of this city, and Territory of Florida, and County of Escambia, duly authorized and received, appeared Don Jacinto Correa, Cap- tain and master of the Spanish Schooner, named the Carmen, alias Gallega the third, whom I certify and know, by his having present- ed himself to me in the morning of the 27th of the current month 509 aod year, about half past eleven of the said day, and requested t note the protest, which he now makes in due form, and in virtue thereof says : That he sailed from the port of Havana on the 4th of August, of the current year, under the protection of His Catho- lic Majesty's schooner brig packet the Mexico, and verified his en- try in the port of San Juan de Ulloa, on the 15th of the same month of August, with a cargo of candles and cloths, and sailed from that port for that of Campeachy on the 23d of the same, his arrival in which he verified on the first day of September, of the current year, and sailed for that of Sisal on the 10th of said month of Sep- tember, where he arrived on the 12th, taking, in the said port, the cargo destined for said vessel by means of Messrs. Quijano, Guz- man & Sons said cargo consisting of the produce of that province such as sole-leather, hung-beef, dried venison, bags of quenique, cotton wick, barrels of tallow, casks of the same, hides, tierces of garlic, tierces of dry fish, and hats : and he verified his sailing on the 19th of said month, pursuing his voyage, without any thing new, until the 27th, when, about half past eleven, he saw land, and, at twelve, found that it was the Pan de Guaigabon ; and during the whole day nothing new occurred. At sun-set, he sat the said \ran at S. E. by compass, without any fresh occurrence, and went on with steady winds at day-break he was in view of the cottages, and set them within a short distance at S. S. E. At said hour he saw a sail upon the bow, and in a short time it came upon his sternwhere- fore he suspected it to be an enemy, trying to do what it eventually effected, by spreading all possible sail, and in a short time fired a gun shotted, and at the same time displayed the Spanish war flag, discovering that the chase was a corvette, which had fired, and was pursuing in chase, continuing the firing. At this time he saw another sail ahead, and a little afterwards it fired a gun, and displayed the American flag ; and he discovered, at the same time, that it was a schooner, and with a light wind from S. S. E. approached him with sails and oars, and fired at him another gun, by which means, being between two fires, he found himself under the absolute necessity of lying to. In a few minutes a boat from the corvette came on board of him, with a suitable crew, armed with cutlasses, and some three or four officers, to whom demanding the ,vessel's papers, he immediately exhibited them namely, the Royal Patent, the Roll d' equipage, the ship's Journal, the entry of the cargo, which he had on board, sealed, as usual, and which they then took away, and kept in their possession, along with the other papers which he had exhibited, and at the same instant they ordered the hatches to be opened, which was very particularly opposed, and upon this, the second commander of the said corvette Peacock, (which he soon under- stood was her name,) threatened him by telling him that he would divide his head from his body if he opposed what he had ordered, and what else they should determine ; in this case he proposed to protest at the same time, but he was not permitted, nor was his en- 510 Ireaty attended to, not even to inform him of the name of the cor- vette, or of her commander. They then caused him to embark in the boat with the steward and the cook, leaving the hatches open, as decided owners of the vessel and cargo, altho* the pilot and the rest of the crew remained on board proceeding to the examinations which they judged neces- sary, in the manner which best suited them. He considered by the return of the boat, which had brought him to the schooner already mentioned, that it was no longer under his authority : they carried to the corvette the Pilot and the rest of the crew, and part of the provisions, having previ- ously caused the pilot to deliver to one of the officers who had come from the corvette Peacock the public correspondence of the province of Yucatan, from whence he proceeded, the nautical in- struments, and other letters and papers of the greatest value not here making mention of the clothes and money, which from forget-* fulness, and the precipitation of embarking, and being conducted on board the corvette Peacock, he left forgotten on board the said ves- sel, making in the whole about 373 dollars, of which sum no account has been made by the officer of the troop of that vessel, except of 39 dollars, and which he will declare at a more fit opportunity, un- der due oath. Being a prioner, with all the rest of his crew in the corvette Peacock, he begged the commander of the said corvette, in the name of the whole crew, to carry them to Havana, which was not permitted, nor his solicitude attended to he himself, as well as the crew, experiencing from that time rigours not seen in the lawof na- tions having manacles put upon him, as also upon his crew, b^tng tre-ited and looked upon as guilty ot the greatest crime in the world, during the five days that they remained in th;it vessel. After the five days mentioned, he was conducted with the crew to the schoo- ner Louisiana, and the commander was impressed in his mind with the idea that three individuals of the crew were English, and that by compulsion they might be made to speak the English lan- guage, whilst they did not understand one word of such lan- guage, and under this suspicion, he threatened them with the yard arm, from whence he made signs that he would hang them if they did not comply with his proposition. Oo that day there was a new pillage with regard to him and the crew, when each one opened his trunk on board the corvette Peacock, yet they appropriated nothing to themselves ; but from the schooner Louisia- na the said trunks came into their power in Pensacola, in the camp where the United States' troops reside ; and they were carried pri- soners under the guard of said vessel Louisiana, on the 16th of Oc- tober, of the current year ; and his trunk, as well as those of the rest, were brought to said encampment where they were prisoners, and were delivered to them empty ; observing that the cabin boy, nam"d Jose Silvestre, of an Indian nation, taken on board in Sisal, remained on broard the corvette Peacock ; and 27 dollars which 511 were delivered to the second in command, and 39 which the officer of the troops declared he had met with on board of his vessel ; and in the schooner Louisiana 47 dollars, and seven reals, of which sums, as yet, he had taken no notice ; declaring in the same manner, that when the Corvette Peacock fired the three cannons, she raised the Spanish flag of war, and they were taken under the same ; and as soon as he was a prisoner, she hoisted the war flag of the United States, and while a prisoner in said encampment with the rest of the crew of his vessel, whither they were conducted in the custody of said vessel, the Louisiana, and a beginning w as made to their justifi- cation against the crime of piracy, charged against them. The said Captain and the Pilot, Dn. Ramon Echevria, and the passenger, Dr. Juan Ferreria, were set at liberty on bail, on the 27th day of the current month and year, still leaving the rest of the crew cap- tives in said encampment, adding that the Spanish inhabitants of this city, condoling with the said situation in which they were, had co- vered their nakedness, and for as much as at no time could there be attributed to him any blame in a similar occurrence, nor was he chargeable with it in way or manner ; he protests once, twice, and thrice, and as often as the law permits him against said vessels Lou- isiana and Peacock for all the damages, losses, and deteriorations which, by the capture, may or might originate to the said Carmen, alias Gallega the third ; and for proof, presents as witnesses, the pilot Dn Ramon Echeveria; the boatswain, Manuel Agaio, and the sailors, Vicente Arias, Manuel Lopez, Jose Chanzino, and the pas- senger, Dn. Ferreria, whose oath I took in the same act ; and having read to them the present protest, which the said Captain was re- solved to verify, they declared unanimously and together, that as far as the said Captain had explained was true ; the Captain, Boat- swain, Pilot and crew signing it : in faith of which, I, the said Nota- ry, sign and seal, with the seal of my office, in Pensacola, the pro- per day, month and year, which I attest. Jacinto Correa, Raman de Echevarria, Manuel Agacio, Juaft Martin Ferreria, Vincente Arias, Manuel Lopez, Jose Channe. Before me, JOSE E. CARO, Notary Public. [L. S.) By George Walton, Governor of the Territory of Florida, and county of Escambia. I do hereby certify, that Joseph E. Caro, Esquire, whose name is subscribed to the within Instrument of Protest, was, at the time of signing the same, and is now the regularly appointed Notary Pub- lic for the said Territory and county aforesaid, and that full faith and credit are to be given to all his acts and doings in that capacity. Given under my hand, and private seal, (there being no seal of office) at Pensacola, in the Territory aforesaid this 29th day of No- vember, 1822, and of the Independence of the United States the forty-sixth. (Signed) GEORGE WALTON, Secretary and Acting Governor of the Territory of Florida- 512 Recorded in book A, folio 2, 3, 4, and 5, of the book intended for that purpose. Pensacola, date as above, Jose E. Caro, Notary Public. A true copy of the protest which they have presented to me, and I return to the interested. NEW ORLEANS, 3rd of February, 1823. (Signed) ANTONIO ARGOTE VILLALOBOS. A true copy. (Copy.) [TRANSLATION.] Don Joaquin de Anduaga to the Secretary of State. NEW-YORK, 1th March, 1823. SIR : I have the honour to send you enclosed, copies of the pro- test made in Pensacola, by Don Jacinto Correa, Captain of the Spanish schooner, called the Carmen, Alias Galliga the third, and of a judical declaration made by the same, before the Consul of Spain in New Orleans. In both documents are set forth the capture of the said schooner, by the United States ship of war Peacock, and the oppression and robbery committed by her crew, all which has been confirmed to me, by the Captain General of the Havana, and by the Consul of Spain in New Orleans. As the circumstances of these crimes are expressed in the enclosed documents, I avoid repeating them in this note, and shall rest content with calling your attention to three of the principal, which are, the Peacock having made the capture with the Spanish flag, the violation of the public correspondence be- tween two provinces of His Catholic Majesty, and the malicious contrivance of Captain Cassin, in sending the crew of the Carmen to Pensacola, and the vessel to New Orleans, that there might be no one to defend her there. Such violations of all public law, and such refined perfidy, are so evident and odious, that I think it un- necessary to insist upon them, since it would be doing an injury to the sense and justice of this government. Notwithstanding the in- sidious precaution of Captain Cassin, scarcely had the courts of Pensacola and New Orleans examined the case, when the former declared the crew innocent and set them at liberty, and the other ordered the restitution of the vessel, which saves me the trouble of proving the illegality of the capture : and it only remains with me to request, that the President would be pleased to order satis- faction to the owners of the schooner Carmen, for the losses and damages which they have sustained, and that the money and effects of which they have been plundered, be restored to the crew. This it what it concerns me to a?k in favour of said individuals : but the just satisfaction of my government, the assurance in future of due respect to the Spanish flag, and the live? and property of Spanish citizens, impose upon me the obligation of speaking to you with that frankness which ought to subsist between two friendly powers, and whose interest it is to maintain the greatest harmony. The injuries done by this country to His Catholic Majesty, and to 513 his subjects, are not confined to expeditions of individuals for the Conquest of his provinces, to hostilities under the insurgent flag, to building armed ships for the enemies of Spain, to furnish these men with munitions of war, &c. but they have gone to attack publicly the vessels of Spain, by ships of war of the United States, and to trample upon Spanish citizens by American officers ; the excess be- ing carried to such a pitch, that His Catholic Majesty's territory is violated, and if a speedy check be not put to it, the Spanish com- merce must be in dread of the ships of war of a nation which is said to be friendly, as it would be of another with which it was in a complete state of rupture. The violations of neutrality and of friendship between two na- tions, committed by individuals, always give room to the offended power to believe that they have tiken place without the knowledge, and against the will, of the government of the aggressors, and that it will grant a competent satisfaction ; but when this is not only re- fused, and not even private citizens, but the ships and officers of that government give the insult, and commit hostilities with its approba- tion, since it neither puuishes them nor prevents them from contin- uingtheir aggressions, the illusion must cease ; and, alarmed for the intentions of said government, the imperious obligation which it is under of protecting its subjects, lays it under the necessity of de- manding a frank explanation of them, and indispensable provisions for the putting a stop to the scandal of acts, which continued, could only be followed by consequences which His Catholic Majesty has a lively desire of avoiding ; it being his most sincere wish to pre- serve inviolate the friendship which he professes towards this Re- public. Vain have been my repeated remonstrances to obtain satisfaction for the insult* offered to my government and fellow oftizens by the American officers ; and if in the courts of the United States, the Spaniards have found justice, the government has not only refused my petitions, but has not even given an answer to the greater part of my notes. The very sentences of the courts, prove the justice of my complaints against the said officers ; and when it is seen that this government, in spite of these complaints, and the opinion of the most eminent and just judges of this Republic, refuses to his Catholic Majesty the satisfaction which is his due, does not answer the representations of his Minister, and continues its protection and favour to the officers accused, the suspicion is allowed, that its friendly sentiments towards Spain, have undergone an alteration. This doubt will be extremely painful to His Catholic Majesty ; wherefore I spend more time in requesting you to be pleased to clear it up ; and this can be done in no other way than by giving to His Majesty the satisfaction which he has demanded for so great injuries, with the punishment of the officers who have committed them, and especially of Captain Cassin, and giving the most peremp' ry orders that they be not repeated. The multiplied proofs of friendship which His Majesty has given 65 514 to this Republic, the sacrifices which he has made in its favour, and the utility which results to both nations in the continuance of a good understanding between both, are to me, a sure guarantee that the President, deigning to lake into consideration the important contents of this note, will be pleased to order such an answer to it, as will at once dissipate the disagreeable impressions which the acts of the American officers have made, and assure His Catholic Majesty, that his desires for the continuance of the strictest friend- ship with this Republic will be fulfilled. I repeat my devotion to you, Sir, and pray you to accept the as- surance of my high consideration. (Signed,) JOAQUIN DE ANDUAGA. DEPARTMENT op STATE, 1 August, 1825. I have compared the above copy with my original translation, and found it correct. 1 also kuow of no answer having been given to it. GEORGE C. IRONSIDE, Clerk and t ranslator of foreign languages. NAV* DEPARTMENT, April 9th, 1823. SIR : The enclosed copies, from the Spanish Minister, Joaquin de Anduaga, exhibit very strong complaints against Capt. Stephen Casin, Commander of the U. S. Ship Peacock, which will render his re- turn to the United States necessary, unless he can meet the accusa- tions by denial, or evidence, so as to enable the Secretary of State to reply, promptly, to the Spanish Minister upon the several grounds of complaint. You will, therefore, communicate the enclosed to Capt. Cassin, and either order him home, or return to me, as early as may be practicable, the evidence necessary to repel the charges. I am, very respectfully, sir, your most obedient servant, SMITH THOMPSON. Commre. DAVID PORTER, Comd'g U. S. JYaval force West Indies and Gulf of Mexico. (A.) To JAMES BARRON, Esq. Captain in the Navy of the United States : Certain charges of misconduct having been alleged against David Porter, Esq. a Captain in the Navy of the United States, and thers, a General Court Martial, to consist of Capf. JAMES BARRON, President. Capt'i. THOMAS TINGEY, JESSE D. ELLIOTT, JAMES BIDDLE, JAMES RENSHAW, CHARLES G. RIDGELV, THOMAS BROWN, ROBERT T. SPENCE, CHA'S C. B. THOMPSON, JOHN DOWNES, ALEX'R S. WADSWORTH, and JOHN D. HENLEY, GEORGE W. RODGERS, Members. or any five, or more of them, is hereby authorized and ordered to assemble at the United States' Navy Yard, in Washington, on Thursday the seventh day of July next, for the trial of the said Captain David Porter, and others, for the offences with which they do severally stand charged ; which charges, together with the tes- timony in their support, will be laid before the Court, by the- Judge Advocate. Richard S. Cose, Esq. is hereby appointed Judge Advocate, to the Court, hereby ordered to assemble ; and if he should decline acting, the said Court will appoint such other suitable gentleman, learned in the Law, to discharge the duties of Judge Advocate to the said Court, as they, or a majority of them, may, in their wis- dom, deem fit and proper. In faith of which, I have hereunto signed my name, and affixed the Seal of the Navy Department of the United States, [L. S.] this twenty-third day of June, in the year of our Lord one thousand eight hundred and twenty-five, and of the inde,- pendence of the United States the forty-ninth. SAM'L L. SOUTHARD. (B.) MR. PRESIDENT : Thus called upon to declare my exceptions, if any I have, to any of those members of the General Court Mar- tial, here assembled, who are to exercise a judicative function in my case, and to have a voice in pronouncing my guilt or innocence I do, without hesitation, renounce every such exception. Even if it were so, that any member of Ibis Court should, unknown to me, be affected by any prejudice or bias, unfavourable to an impar- tial judgment on my case, f rely too implicitly on the known char- acter of my brethren in arms, to think of scrutinizing the motives of any : their own breasts are sufficiently informed by justice and honour, of the proper course to be pursued in such case. But, sir, I do find myself very reluctantly impelled, not more by 516 a sense of the justice due to myself, than by a regard for the honour of the service, and for the wholesome safeguards of military jurispru- dence, to interpose at this precise stage of the business, some fundamental objections to so much of the essential material of the Court, as consists in the functions of the Judge Advocate. The grounds of my exceptions to the gentleman named as Judge Advocate in the order for convening this Court, detract no- thing from the great learning and abilities for which he is so well known, nor from the general integrity and fairness of his character. That a juror summoned on a criminal trial, before a Court of ordi- nary judicature, or a member of a Court Martial, may be challenged either peremptorily or for cause, without the least disparagement of bis personal or professional character, is too well established to re- quire a contrary inference to be disclaimed, on any occasion. My exceptions go first to his legal competency and authority to assume and exercise the functions assigned him by the Secretary of the Navy ; and, secondly, if he should be found duly appointed, to the temper and bias of his mind, in relation to this particular case. 1. Then, I ask, does he claim to be Judge Advocate, ex officio, or merely to officiate as such, under a temporary delegation of au- thority, for this particular occasion ? If the first, let his commis- sion be produced, and the question on this point is at once settled. A Judge Advocate is an officer of such importance in every military establishment, whether of the land or naval service, the due ad- ministration of his office so vitally affects the most inestimable rights of the officers and men attached to the service, as makes it altogether inconceivable how his appointment should emanate from, any less authority, or be manifested by any less solemn act, than that of any other officer, civil or military, under the Government. This brings us directly to the authority of the President of the United States, executed in the solemn form of a regular commission. Under the constitution and laws of the United States, it cannot be pretended that the Secretary of the Navy, or any authority less than that of the supreme executive, can make such an appointment. If, however, it be no Judge Advocate, ex officio, who presents him- self, but merely one with a temporary delegation of authority to act as such on this special occasion, then I ask who is competent to such delegation of authority, and from whom does it actually pro- ceed in this instance ? No express provision appears to have been made in the naval, as there has been in the military, establishment for the appointment, either of regular Judge Advocate, or of persons specially deputed to act as such. Yet the existence of the office, and the practical exercise of its functions, in both descriptions of persons, are recog- nized in the rules and regulations for the government of the Navy, which speak of " the Judge Advocate" as distinguished from the " per- son officiating as such ;" thus implicitly admitting an authority some- where, to appoint to the office, or to delegate its functions in either mode. 311 I do not, therefore, question the propriety of assigning 1 the func* tionsof Judge Advocate, as well in naval as in military Courts Mar- tial, to any person, either regularly appointed to the office, or spe- .cially deputed to officiate as such in a particular trial. Then the on- ly question is, how, and by whom may a person be so deputed to act in the place of an official Judge Advocate, to a naval Court Mar- tial ? The laws of the United States being silent on the question, it follows that, wherever the power may reside, it is in its nature strictly incidental ; and, as such, can be claimed only by that offi- cer, or that tribunal, to whose fundamental constitution and inherent powers, it bears the nearest affinity, and the strongest analogy. Up- on these principles I maintain, that it is altogether foreign to the general constitution and powers of the Navy Department, and bears no affinity or analogy to the ordinary functions assigned to the head of that Department ; but, on the contrary, that it is perfectly con- sistent, and in strict analogy with the peculiar constitution and pow- ers of the Court Martial itself; and devolves, among other incidental and resulting powers upon that tribunal, as the appropriate depository of every authority necessary to the orderly progress, and the due authentication of its proceedings. Such is the invariable practice of Naval Courts Martial in Eng- land ; and it is sustained by the most authoritative precedents in, our own service. I refer to one precedent, now in my mind namely, the Court of Inquiry on Capt. Hull, and, I doubt not, many others extant. The appointment of its own clerk, (an office dis- tinctly appertaining to the functions of Judge Advocate,) may in- deed, be assumed, as an universal incident to the constitution of every deliberative body and judicial tribunal, unless vested by ex- press enactment in some other Department. If, then, the deputa- tion of a person to officiate as Judge Advocate in this case, proceed from the sole authority of the Secretary of the Navy, (as I under- stand is the fact) I except to its competency, and maintain that it should be supplied by an appointment from this Court. 2. But, if the learned gentleman, named by the Secretary of the Navy, should be found, on examination, to be duly authorized, in any way, to officiate as Judge Advocate, I except to him, as being actuated bya manifest bias of prejudice and interest, to labour for my conviction ; and to exert the uttermost of his ingenuity, skill and learning, to fix upon me all, or the greater part of the charges exhibited against me. Before I state more particularly the facts, upon which this exception proceeds, I beg leave to advert, very cursorily, to the qualifications and functions of a Judge Advocate, as defined by the concurring authority of all the most approved writers on military jurisprudence, (a) According to these authori- ties, he is the primum mobile, as it has been termed, of the Court upon him, the Court depends for an impartial and candid exposition (a) 1 McArthur, (4th Ed. Lon.) 279, 291,441, App. No. 26 Judge Batnurst's Opinion. Adye (7th Ed. Lon.) 113, 115, 118. Macomb, 166, 167, 169, 518 > of the law, and should expect to lean upon his advice, with entire confidence. Not only is the absence of every sort and degree of prejudice or bias against the prisoner, indispensably required of him ; but absolute impartiality is the least favourable state of mind requisite to fulfil the humane behests of the law, by which his rela- tive duties towards the prisoner are defined ; for it is expected that he rather incline to the side of the prisoner, and, upon all doubtful questions, decide in his favour; that, as the recorder of the evi- dence and of the Court's proceeding, he be studious to collect and record every circumstance that may weigh in favour of the prison- er nay, in many instances, that he act as his counsel. This last office, 1 happen to be so fortunately situated, as to be able to dis- pense with. But cases may possibly arise, when it might be indis- pensable to the cause of justice and humanity ; and I am now con- tending upon this, as upon every other question involved in my ap- 1 preaching trial, for principles which apart from their practical ope- ration upon my particular interests, are important to the dearest interests of the service ; for principles in the subversion or con- tempt of which, no officer or man in the service can hold any secu- rity, for life or honour, inviolate. Then the Judge Advocate, as acting this essential and prominent part in the constitution and in the deliberations of a Court Martial, is unquestionably as fair a subject of challenge, whether perempto- ry, or for cause, as any other member of the Court. The reason and necessity of the thing are the same; the law cannot be dif- ferent. As to the cause of challenge : I might well maintain upon the. most respectable authority, that I am not hound to assign any ; but that 1 am entitled to a peremptory challenge. (6) 1 shall proceed, however, to assign my reasons openly and candidly ; with this pre- liminary illustration of the principles by which the sufficiency ot " challenges to the favour" is usually determined namely, that circumstances which raise a suspicion, very far short of any direct proof of bias or partiality, are deemed sufficient cause, either against ajuror, in a criminal trial, or against a member of a Court Martial ; a strict analogy between the two, being preserved in military jurisprudence, (c) When the functibns and relative duties of a Judge Advocate are considered, 'tis not to be imagined that any lower standard can be applied to the qualification of dispassionate, disinterested, and im- partial judgment in him ; if indeed, the absolute freedom of his mind from every interfering bias and passion, be not subject to a still se- verer test. The facts upon which my present exceptions are grounded, fur- nish superabundant matter for the application of these wholesome and necessary rales. I have direct and certain information, that (6) A dye 120 .3. ' ibe gentleman, now claiming to officiate as Judge Advocate, has written and published at least one anonymous piece, distinctly as- serting the truth of one of the specifications, now exhibited against me ; and so has pledged his credit in a way utterly incompatible with requisite impartiality, to fix a charge upon me, which, from its nature, may result in a question of veracity between himself and me. I am further informed, though not upon such direct and cer- tain authority as in the other instance, but from sources pregnant of probability and truth, that he has employed himself in writing, and has quite or nearly ready prepared for the press, a pamphlet pro- fessing to be a full answer to my published defence against the prin- cipal charge now to be tried ; and labouring to establish, by facts and reasonings, the conclusion of my guilt. Of these facts, I doubt not of being able to produce the most, satisfactory evidence ; if the voluntary and candid avowal of the gentleman himself should not dispense with it. Then I would ask, what is left for him, on this occasion, but to redeem his public pledge, and to vindicate his own preconceived, divulged and fixed opinion of my guilt ? And how is this to be re- conciled with any of the legitimate functions of a Judge Advocate ; Thursday, July 7, 1825. (C.) Charges and specifications exhibited against David Porter, Esquire, a Captain in the Navy of the United States. CHARGE FIRST. Disobedience of orders, and conduct unbeboming an officer. Specification. For that he, the said David Porter, being in com- mand of the Naval forces of the United States, in the West India Seas, Gulf of Mexico, &c. did, on or about the fourteenth day of November, in the year of our Lord one thousand eight hundred and twenty-four, with a part of said Naval forces, land on the Island of Porto Rico, in the dominions of his Catholic Majesty, the King ot' Spain, then, and still in amity and at peace with the United States, in a forcible and hostile manner, and in military array, and did. then and there, commit divers acts of hostility against the subjects, and property of the said King of Spain, in contravention of the con- stitution of the United States, and of the Laws of Nations, and in vio< lation of the instructions from the Government of the United State? to him the said David Porter. CHARGE SECOND. Insubordinate conduct, and conduct unbecoming an officer. Specification 1st. For that he, the said David Porter, did write and transmit to the President of the United States, a letter of an in- subordinate and disrespectful character ; to wit, on the seventeenth day of April, in the year of our Lord one thousand eight hundred and twenty five, and did, also, write, and transmit to the Secretary of the Navy, at sundry times hereinafter particularly mentioned. 520 various letters of an insubordinate and disrespectful character, viz. on the thirtieth day of January, the sixteenth day of March, the thirteenth day of April, and the fourteenth day of June, all in the year of our Lord one thousand eight hundred and twenty five, there- by violating the respect due from every officer in the Navy to the Head of the Department, impairing the discipline of the service, and setting a most dangerous and pernicions example. Specification 2nd. For that he, the said David Porter, after a Court of Inquiry had been convened, and directed to investigate, and make report of the facts, in relation to the matters embraced in the specification of the first charge, and after such Court had termi- nated its enquiries, and had transmitted its report to the Secretary of the Navy, and before the Executive had published, or authorized the publication of the proceedings of said Court, did publish, or cause to be published, a pamphlet, purporting to contain the pro- ceedings of the said Court of Inquiry. Specification 3rd. For that he, the said David Porter, in the publication made, as mentioned in the last preceding specification, did give an incorrect statement of the proceedings of the said Court of Inquiry. Specification 4th. For that he, the said David Porter, did, in the publication referred to in the said two last preceding specifica- tions, insert various remarks, statements, and insinuations, not war- ranted by the facts, highly disrespectful to the Secretary of the Na- vy, and to the said Court of Inquiry. Specification 5th. For that he, the said David Porter, did, in the same publication, referred to in the said last preceding specifica- tions, without any authority, or permission for that purpose, make public, official communications to the Government, and official cor- respondence with the Government ; and has, on other occasions, between the first of October, in the year of our Lord one thousand eight hundred and twenty-four, and the fifteenth day of June, in the year of our Lord one thousand eight hundred and twenty-five, with- out authority, or permission therefor, made public, orders and in- structions from the Government, and official correspondence with the Government. (D.) NAVT DEPARTMENT, July 8/A, 1825. SIR : Your letter of the 7th instant, stating that it is the desire of the Court, now convened at the United States' Navy Yard, Washington, to remove to the Marine Barracks, has been received. I accede, with pleasure, to the wish expressed by the Court ; and you are hereby authorized to have the future Sessions of the Court held at the Marine Barracks. I am, very respectfully, sir, your most obedient servant, SAM'L L. SOUTHARD. Capt. JAMES HARROW, President General Court Martial) Present. (E.) ^Original charges inclosed in the Secretary of the Navy's letter, dated 22nd June, 125.J Qiarges and specifications exhibited against David Porter, Esq. a Captain in the Navy of the United States. CHARGE FIRST. Disobedience of orders, and conduct unbecoming an officer Specification. For that he, the said David Porter, being in command of the Naval forces of the United States in the West India seas, <*ulf of Mexico, &c. did, on or about the fourteenth day of No- vember, in the year of our Lord one thousand eight hundred and twenty-four, with a part of said Naval forces, land on the Island of Porto Rico, in the dominions of his Catholic Majesty, the King of Spain, then and still in amity, and at peace with the United States, in a forcible and hostile manner, and in military array ; and did, then and there, commit divers acts of hostility against the subjects' and property of the said King of Spain, in contravention of the Constitution of the United States, and of the laws of Nations, and in violation of the instructions from the government of the United States, to him, the said David Porter. CHARGE SECOND. Insubordinate conduct, and conduct unbecoming an officer. Specification 1st. For that he, the said David Porter, did write and transmit to the President of the United States, a letter of an insubordinate and disrespectful character ; to wit, on the seventeenth. day of April, in the year of our Lord one thousand eight hundred and twenty-five ; and did also write, and transmit to the Secretary oi the Navy, at sundry times, hereinafter particularly mentioned, vari- ous letters of an insubordinate and disrespectful character, viz : on the thirtieth day of January, the sixteenth day of March, the thirtieth day of April, and the fourteenth day of June, all in the year of our Lord one thousand eight hundred and twenty-five, thereby violating the respect due from every officer in the Navy to the Head of the Department, impairing the discipline of the ser- vice, and setting a most dangerous and pernicious example. Specification 2nd. For that he, the said David Porter, after a Court of Inquiry had been convened, and directed to investigate, and make report of the facts in relation to the matters embraced in the specification of the first charge, and after such Court hud ter- minated its inquiries, and had transmitted its report to the Secre- tary of the Navy, and before the Executive had published, or au- thorized the publication of the proceedings of said Court, did pub- lish, or cause to be published, a pamphlet purporting to contain the proceedings of the said Court of Inquiry. Specification 3rd. For that he, the said David Porter in the pub- lication made, as mentioned in the last preceding specification, did 66 522 give an incorrect statement of the proceedings of the said Court of Inquiry. Specification 4th. For that he, the said David Porter, did, in the pub- lication referred to in the two last preceding Specifications, insert various remarks, statements, and insinuations, not warranted by the facts, highly disrespectful to the Secretary of the Navy, and to the said Court of Inquiry. Specification bth. For that he, the said David Porter, did, in the same publication, referred to in the said last preceding specifica- tions, without any authority, or permission, for that purpose, make public, official communications to the government, and official cor- respondence with the government ; and has, on other occasions, between the 1st of October, 1824, and the 15th June, 1825, with- out authority, or permission therefor, made public, orders and in- structions from the government, and official correspondence with the Government. ffO NAVY DEPARTMENT, 22nd June, 1825. SIR : I enclose to you the charges and specifications, upon which you will be tried, before a Court Martial, which will be convened on the seventh day of July next, at the Navy Yard Washington, and of which Captain James Barron has been appointed the President. At the time and place mentioned, you will report yourself to the Court for trial upon said charges. In the mean time you will be under no restraint in preparing for your defence. On the receipt of this letter, you will consider yourself under ar- rest. It is not deemed necessary to call upon you to surrender your sword, nor to assign limits to you. I am, respectfully, &c. SAML. L. SOUTHARD. CAPTAIN DAVID PORTER, United Stales Nary, Present. (G.) MR. PRESIDENT : Before I can be called upon, either to plead or to except to any charges and specifications, 'tis necessary that it be definitively ascertained what are the charges and specifications which I am expected to answer ; and, strange as it may appear at this stage of the prosecution, nothing is more uncertain. On the 22d day of June la?t, I received, enclosed in a letter from the Secretary of the Navy, ordering my arrest, and notifying me of my trial, a paper purporting to contain the original charges and spe- cifications exhibited against me. 'Tis true, the paper was signed by no one, and bore not upon its face any form of authentication what- ever ; nor did it name or refer to any prosecutor, informer, or Judge Advocate. Still the official source from which it proceeded, and the strictly official form and nature of the communication that accompanied it, and identified its characler, left me no doubt, and I presume now admit no doubt, of the authenticity of the paper, as 523 un exhibition of the original charges and specifications against me'-, which, as such, were definitive and conclusive, and altogether unal- terable, in form or substance ; but upon the proviso, and under the circumstances provided in the 38th article of the rules and regula- tions for the government of the Navy of the United States. When I was arraigned before this Court yesterday, a paper was produced and read by the Judge Advocate, purporting and profess- ing to be nothing more than a copy of the original charges and spe- cifications ; meaning, as I presumed, of the same exhibited against me at the time, and in the manner before mentioned. But what was my surprise, on a comparison of the two papers, to fiiui a very ma- terial variance in the 1st specification of the second charge. The " various letters of an insubordinate and disrespectful character," which I am therein charged with having written to the Secretary of the Navy, are no otherwise distinguished or identified, than by a naked reference to the dates ; neither their tenor nor their sub- stance and effect is set out, and so I have no sort of notice what let- ters are designated as of that character, but this naked reference to dates. Then the dates are of the essence of the accusation. I have been cited here to answer, and have come prepared to answer for those designated letters and no others. Let the dates be changed, and the substance of the charge is changed ; in so ru- as I am called upon to answer for other " letters, of an insubordiate and disrespectful character." Now, sir, the copy of the original charges and spe- cifications, produced by the Judge \dvocate, on my arraign- ment yesterday, specifies and complains, in the first specification of the second charge, of such a letter as dated on the thirteenth day of April, in the year 1825 ; whereas, no such letter is any where specified or referred to in the aforesaid original exhibition of charges and specifications. This variance is manifest, upon a comparison of the copy produced by the Judge Advocate, with the original, which I now here produce, for the inspection of the Court, with the ori- ginal letter that accompanied it. Universal military usage, and the imperative provisions of the afores.tiil iJiJth article of the rules and regulations for the govern- ment of the Navy, decide that I can be put to answer nothing be- yond the tenor of the charges ;md specifications originally exhibited against me. But, in this particular instance, I waive the objection, re quiring onlv that the prosecutor do now decide or declare i A ,is election, to abide the one or the other specification of the letters complained of, or to adopt both if he please. At any rate, let the form and ex- tent of the charges and specifications be now definitively arranged^ and conclusively settled. This point being settled, I shall pray the leave of the Court to enter my plea of not guilty to all, and singular the charges and spe- cifications, under a protest against their sufficiency : and reserving to myself the right, in the progress of the trial, and in due time, of excepting to the said charges and specifications, as designating no offence, known to any law enacted for the government of the Navy : 524 as vagne and indefinite, and altogether insufficient to put me upon my trial, for the matters therein charged, or supposed to be charg- ed. That these points may be submitted in a way to admit of the. maturest deliberation. 1 have concluded, if it be the pleasure of the Court, to suffer the trial to proceed, for the present, under the general issue, and to submit my exceptions to the charges and spe- cifications, or such of them as I shall conclude to be exceptionable, at a more convenient day. FRIDAY, July 8th, 1825. (H.) GENERAL INSTRUCTIONS. Having been appointed to the command of the Squadron, fitted out under an act of Congress, of the 20th of December last, to cruise in the West India seas and Gulf'of Mexico, for the purpose of repress- ing piracy and affording effectual protection to tbe citizens and com- merce of the United States ; and to the command of all of the Unit- ed States ships and vessels of war in the West Indies, fitted out for the aforesaid objects ; and for the suppression of the slave trade ; it becomes my duty (in order that a perfect understanding may be had by those under my command, of the extent of the authorities to be exercised by them in case of separation, or in case of being detached on special service,) to point out briefly to them the con- duct to be pursued under particular circumstances, and in doing so, shall confine myself to existing laws and the instructions of the Hon. Secretary of the Navy, and it is hoped, that in no case those orders will be exceeded, without my sanction first being obtained. First, then, with regard to piracy. On this subject there have been three several acts: that of March 3rd, 1819; of May 15tb, 1820, and that of the 20th of December last, authorizing the addi- tional force of schooners, &c. &.c. The 2nd section of the act of March 3rd, 1819, authorizes to "subdue, seize, take, and send into any port of the United States, any armed vessel or boat, or any vessel or boat the crew whereof shall be armed, and which shall have attempted or committed any pi- ratical aggression, search, restraint, depredation, or seizure upon any vessel of the United States, or of the citizens thereof, or upon any other vessels. From the generality of this latter description of vessels, it would seem to embrace those of every nation or country upon which any piratical aggressions may have been committed. Admitting the act might be extended thus far, it does not appear to be the general ob- ject of the law : and it was thought by the President most advisable at one time, not to give it a like indiscriminate practical construc- tion as to all vessels. The great object as pointed out in the first section of the act, was to protect the merchant vessels of the United States from piratical ^aggressions. This will, therefore, be considered a particular and special duty ; if, however, there should be discovered depreda- 525 uons on other vessels, committed under such gross and aggravated circumstance* as to leave little doubt of their piratical character, it will be agduty then to capture and bring in the aggressors. It is thought most advisable thus to distinguish in these instructions, be- cause, among other considerations it will be seen that, under the se- cond section of the act, authority is only given to retake vessels of the United States or its citizens, which may have been unlawfully captured on the high seas ; no positive authority is given by it to retake the vessels of any foreign nation or country. It will also be perceived, that under this 2nd section of the act, authority is only given to " subdue, seize, and take" such vessels or boats, &c. &c. as shall have attempted or committed some pirati- cal aggression. Whatever well grounded suspicions may be en- tertained that a vessel may have been fitted out, and is intended to be employed in such depredations, the act does not authorize her molestation, unless there is satisfactory evidence that she has either attempted, or actually committed, some piratical aggression, on some merchant vessel of the United States or her crew; or upon some other vessel under the special circumstances above mentioned. This, by this act, must be considered an important and leading re- gulation, as it will be a strong and almost controlling circumstance, (considering we are at peace with all the world,) in making up a judgment whether it would be safe and justifiable to treat them as pirates. Whenever, therefore, boats or vessels shall be found, the crews whereof have committed any actual violence, outrage, or depreda- tion, upon any vessels of the United States or citizens thereof, or any other vessel as above mentioned, it is to be sufficient to au- thorize their being " subdued, seized, and taken," and unless it should satisfactorily appear that they were acting under some law- ful authority, and notpiratically, they are to be sent in for adjudica- tion. The act of May 15th, 1820, continues in force the act of March 3rd, 1819 ; and makes farther provision for punishing the crime of piracy. The 3rd section of this act, declared as pirates " any per- son, who shall, upon the high seas, or in any open road-stead, or in any haven, basin, or bay, or in any river where the sea ebbs and flows, commit the crime of robbery in, or upon any ship or vessel, or upon any of the ships company of any ship or vessel, or the lad- ing thereof: such person shall be adjudged to be a pirate," and the penalty death, on conviction before the Circuit Court of the United States. The fourth and fifth section makes it piracy, for any citizen of the United States to be engaged in the slave trade, and the penalty, on conviction before the Circuit Court of the United States, death. This Act is more extended than the former, in its definition of the net of piracy, but in no part, (except in continuing in force the former law) authorizes capture by the armed vessels of the United States. The high and delicate power therefore vested in the Prc- .126 sident by the Act of March 3d, which authorizes and requests hicu lo employ so many of the public armed vessels, as in his judgment, the service may require, with suitable instructions to tbjp comman- ders thereof, in protecting the merchant vessels of the United States, and their crews, from piratical aggressions and depredations, has been resorted to and exercised, for the purpose of more clear- ly defining the duties to be performed. The trust reposed in me, is one of a peculiarly delicate charac- ter, for while it is made my duty to protect our commerce against all unlawful interruptions, and to guard the rights both of person anil property of the citizens of the United States, whenever it shall become necessary, it is enjoined on me not to encroach on the rights of others ; and whatever discussion or collision 1 may have with any foreign power, in relation to such rights, I am bound to conduct it with a* much moderation and forbearance as is consistent with the honour cf my country, and the just claims of its citizens. The system of piracy, from whatever cause it may have origina- ted, is of considerable extent, and from the sparse population of the Spanish Inlands, which cannot enforce the authority of the govern- ment, establishments have been u.ade by parties of those banditti in the uninhabited parts, to which they carry their plunder, and re- treat in time of danger. It c;mnot be presumed, that the govern- ment of any island will afford any protection or countenance to such robbers. It may, on the contrary, confidently be believed, that all governments, nd particularly those most exposed, will afford all means in their power, lor their suppression. Pirates are considered by the laws of nations, the enemies of the human race. It is the duty of all nations to put them down, and none who respect their own character, or interest, will refuse to do iu much less afford them an asylum and protection. The nation that makes the gre;rtest exertions to suppress such banditti, has the greatest merit. In making such exertions, it has a right to (he aid of every other power to the extent of its means, and to the enjoyment under its sanction, of all its rights, in the pur- suit of the object In the case of belligerents, when the army of one party enters the territory of a neutral power, the army of the other has a right to follow it there. In the case of pirates, the right of the armed force of one power to follow them into the territory of ano- ther, js more complete. In regard to pirates, there is no neutral p;irty, they being the enemies of the hutnan race, all nations nre parties against them, and may be considered as allies. The object and intention of our government is to respect the feelings as well as the rights, of others, both in substance and in form, in all the measures which may be adopted, to accomplish the end in view. Should, therefore, the cre\\s of any vessels seen engaged in any acts of pir.icy, or which there is just cause to suspect of being of that character 1 , retreat into the ports, harbours, or unsettled parts ot 527 the islands ; they may be pursued into such ports, harbours, and unsettled parts of the country, for the purpose of aiding the local authorities or people, as the case may be, to seize and bring the offenders to justice ; previous notice being given that this is the sole object. When a government exists and is felt, the local authorities must, in all instances, be respected, and every act must be in aid of, and in co-operation with them ; it being the exclusive purpose of the government of the United States, to suppress pira- cy, an object in which all nations are equally interested, and in the accomplishment of which, the Spanish authorities and people will, it is presumed, cordially co-operate with us. If, in the pursuit of pirates, found at sea, they shall retreat into the unsettled parts of the islands or foreign territory, liberty is given to pursue them, so long only as there is reasonable prospect of being able to apprehend them ; and in no case are we at liberty to pursue and apprehend any one, after having been forbidden sa to do by competent authority of the local government ; and if any such pirate should be apprehended on land, they are to be deliver- ed over to the proper authorities, to be dealt with according to law, and all the evidence that can be furnished, is to be given in proof of the offence alleged against them. Should the local authorities refuse to receive and prosecute such persons so apprehended, on reasonable evidence being furnished them of their guilt, they are then to be kept safely and securely, until information on the subject can be communicated to me. Gre^at complaints have been made to the government, of the in- terruption and injury to our commerce, by privateers fitted out from Spanish ports. Great discretion is required in giving to our vessels the necessary protection against their aggressors, without infringing on the rights of the belligerent. We know not how far they have been authorized and instructed to intercept our trade with Mexico and the Colombian Republic ; but according to the well settled rule of the laws of nations, the United States will not consider any portion of the coast upon the Gulf of Mexico, as le- gally blockaded, except where a naval force is stationed, sufficient to carry into effect the blockading order or decree. And our Gov- ernment, does not recognize the right or authority of Spain, to in- terdict or interrupt our commerce, with any portion of the coast, included within the Colombian Republic and Mexican Government, not actually blockaded by a competent force. Hence it is but reasonable to infer, that to arrest our vessels em- ployed in lawful trade, from the fangs of the numerous privateers which have lately been fitted out from Porto Rico, and to " subdue, seize, take, and send into any port " those depredators on our com- merce, would be right and proper ; but in doing this, great discre- tion and prudence must be exercised, and the fact must be clearly ascertained, that they come within the provisions of the second section of the Act of March 3rd, 1819. Bv recent decisions of oar Courts, and officers competent to judge ; and by the wording; of the 5th section of the Act 6f March 3rd, 1819, it would appear that piracy may be committed by ves- sels legally authorized to cruize, and engaged in mercantile pur- suits ; and that the persons alone committing; the act, are responsi- ble for the same ; I all'ide particularly to the Panchitta, sent in by the Grampus, some of the crew of which, were imprisoned, to be tried for piracy, and the vessel liberated, by decision of the Judge : And to the Nympha Catalina, sent in by the Spark, for an act of piracy, on a former voyage. The vessel and cargo, im- mediately on her arrival in the United States, were restored to the owners ; part of her crew liberated, and those who committed the act, only confined for trial. I might cite other cases to justify the opinion I entertain, as to the course proper to be pursued, to effect the object of our expedition with the least possible injury to those not implicated in the crime ; but these will suffice. In the first case cited, the decision of the Judge justified the sonduct of the capturing officer, and in the other case, the law would seem equally to authorize her being " subdued, seized, taken," &c. The language of the fifth section of the law, as above cited, is as follows : " And be its further enacted, that if any person what- soever, shall, on the high seas, commit the crime of piracy, as de- fined by the laws of nations, such offenders shall afterwards be found, and be brought into the United States, any such offender or offenders, shall, on conviction thereof, before the Circuit Court of the United States, for the district into which he or they may be brought, or in which he or they shall be found, be punished with death. But it does not appear to me to be necessary, in order to the attainment of justice, that the innocent should suffer for the guilty. If the ship is not answerable for the acts of the crew, there can be no necessity or propriety in sending in the ship for adjudication, be- cause by so doing, injury is brought on the owners, the innocent party ; and to us they look for indemnity, who have no other ap- peal than to the liberality of our country. But piracy must be punished, and we are bound by the second section of the Act of March 3rd, 1819, to "subdue, seize, and take" all vessel.*, which commit it. And after we have done so, and it is found that the vessel committing the act, is a legally au- thorized cruiser, the most that it would seem proper to do on the occasion, would be to take from on board her the persons commit- ting the act, arid to send them to the United States, for trial. For the same principle that would justify their capture on land, will apply with equal propriety to their seizure on board ships on the ocean, and perhaps if any competent authority should be near at hand, it would be equally proper to deliver them up to it with proofs of their guilt, on a pledge that they shid! be brought to trial; but on a refusal to give such pledge, they must be reported f with as little delay as possible. 529 The next subject to which attention is to be directed, is the sup- pression of the Slave Trade ; and it is expected that the utmost vi- gilance shall be exercised, in order that this inhuman practice may be put down. By the Act of the 20th of April, 1818, it is made unlawful to import or bring, in any manner whatsoever, into the United States, or the Territory thereof, from any foreign place, any person of colour, with intent to hold, sell, or dispose of such person as a slave, or to be held to service. By this Act it is also made unlawful for any citizen of the United States, or other person, to build, equip, load, fit, or otherwise pre- pare, any ship or vessel, in any port or place within the jurisdic- tion of the United States, or to cause any ship or vessel to sail from any port or place whatsoever, within the jurisdiction of the United States, for the purpose of procuring and transporting any such slaves to any port or place whatever : and any ship or vessel em- ployed in such importation of slaves, or so built or fitted out, or pre- pared, is liable to be seized and forfeited. And by Act the 3d of March, 1819, the President is authorized to employ any of the armed vessels of the United States to cruise in such places as he may think proper, where he may judge attempts may be n.ade to carry on the slave trade by citizens of the United States, or residents thereof, in contravention of the Acts of Con- gress prohibiting the same, and to instruct such armed vessels to seize, take, and bring, into any port of the United States, to be pro- ceeded against according to law, all ships or vessels of the United States, wheresoever found, or which may be intended for the pur- pose of taking on board or of transporting, or may have transport- ed any person of colour, in violation of any provisions of the Act of the 20th of April, 1818, above referred to, or in violation of any other act or acts prohibiting the traffic in slaves. From the generality of the provisions of the slave acts, authority is given to take and bring into port all vessels of the United States which may have been in any manner employed, or intended to be employed, in the slave trade, or any other vessel which may be employed in the importation of slaves into the United States. It will be observed that the first provision applies only to vessels of the United States, the second applied to vessels of every nation. The rest of the laws go to explain the manner of disposing of the slaves and persons taken in the trade ; prescribe the punishment to the offenders, and the bounty to the captors. It will be sufficient, therefore, that the capture should be made Tinder the foregoing circumstances, and that reference should be had to me for instructions as to the disposal of the vessels, slaves and offenders, and to the laws for a final decision. There is one thing that must be particularly observed ; it is not to be considered in these general instructions for the suppression of the slave trade, that authority is given at any place out of the waters of the United States, to search, capture, or in any manner whatever 1o interrupt vessels under any other than the American flag. 67 530 As regards the re-capture of vessels which mdy be found n the hands of the pirates, and not belonging to the United States ; al- though there are no laws which authorize our rescuing them from the fangs of those monsters ; aud although the President has given no positive instructions on this head ; still, as humanity obviously calls on us to exercise the power, having the means in our hands 3 as it is a duty implied by instructions subsequently given me by the measures adopted for the suppression of piracy, and as it is enjoin- ed on me by the government to harmonize and co-operate with the forces of any other power engaged in the same pursuit with our- selves, thereby shewing a common interest, I will take on myself to supply the omission, (as it certainly is one,) by authorizing the act whenever it may become necessary. All vessels, therefore, of any nation whatever, found in the pos- session of pirates, may be taken from them as though they belonged to the United States, and as though their recapture was provided for by the laws for the suppression of piracy, and by the most posi- tive instructions of the Government. Those instructions, although swelled to an unusual length, are rendered as concise as the subject would admit of, to enable me to inform you fully as to the views of the Government. We have a very delicate duty to perform and with full confidence in the dis- cretion of those 1 have the honour to command, I hope it may be fulfilled to the satisfaction of our country, to our own honour, and to the honour and general interests of the Navy. ID time of actual warfare between nations, there can be no diffi- culty in discriminating between right and wrong ; but the service on which we are engaged, requires the exercise of our soundest judgment, and in proportion to the difficulty of discriminating, will be the merit of doing what is proper. The eyes of the world are on us, and while we must not fail ia, energy, we must not want in circumspection. D. PORTER, U. S. SHIP JOHN ADAMS, Norfolk, Jan. 28(h, 1824. (10 The counsel of Commodore Porter suggests that the second charge, and what purport to be the five specifications of the facts and circumstances, intended to be proved in support of such charge, are altogether insufficient to put the accused to answer, or to give this Court jurisdiction to try any matter therein alleged. The following objections to the same are deemed unanswerable and fatal. 1. The principal charge itself describes no offence, within the terms of any of the Naval articles of war, by which all the militarjr crimes and punishments, affecting officers of the Navy, are enumer- ated and defined : and is altogether vague and uncertain, as to the nature and degree of the offence intended to be charged. 531 2. The specifications are not conceived in terms, any more ap* propriate or precise, to constitute any offence known to the Naval code, established by such articles. 3. Even if any such offence could be inferred, either substantially, from the charge itself, or from the charge and specifications, collec- tively, still the specifications are altogether vague, indefinite, and uncertain, as to the facts, circumstances and criminal intents, to be adduced and proved in support of the principal charge. 4. The specifications do not follow and support, but are a depar- ture from the gravamen of the principal charge : and (if conceived in terms tending to any sensible and legal conclusion) constitute separate and distinct charges; not necessarily comprehended in the terms of the principal charge. If the learned Judge Advocate should conceive that this charge, and the several specifications of the same, are susceptible of being justified and supported, the counsel of Commodore Porter would very respectfully ask for an opportunity to corroborate his objec- tions by authority : and to reply to any reasons that may be advan- ced, on the part of the prosecution, in answer to such objections. 13th July, 1325. NAVY DEPARTMENT, July 19/A, 1825. SIR: In compliance with your wish, I have requested, of the Attorney General of the United States, an answer to the questions, proposed in your letter of the 18th instant. I now enclose to you, a copy of my letter to him, and of his answer. I am, very respectfully, sir, your most obedient servant, SAML. L. SOUTHARD. RICHARD S. COXE, Esq. Judge Advocate Genl. Court Martial. (M.) NAVY DEPARTMENT, July 18tk, 1825. SIR : I have this evening received from the Court Martial, now silting at the Marine Barracks, Washington, a letter of which the en- closed is a copy. It proposes certain questions, on which your opinion is desired. I have, therefore, to beg the favour of you, to furnish me, at as early an hour as your convenience will permit, an answer to the questions proposed, that I may transmit it to the Court. Should any papers, or documents, be required, in preparing an answer, I will endeavour to procure, and furnish them, without delay. I have the honour to be, with very great respect, sir, your most obedient, (Signed,) SAML. L. SOUTHARD. Honourable Waf. WlRT, AMrnty Omeral U. States. 532 (N.) OFFICE OF THE ATTORNEY GENERAL OF THI UNitED STATES, July I'.th, 1825. SIR : I am just honoured with your letter of last night, enclosing one from Mr. Coxe, the Judge Advocate of the Court Martial, now sitting on the trial of Commodore Porter, expressive of the wish of that tribunal, that you would take the opinion of the Attorney General on two questions of law, which have been presented for their decision in the course of the discharge of their judicial duties. T beg leave to observe, that the Attorney General has no authority to give an official opinion, except in the cases especially provided by law " whose duty it shall be," says the law, " to give his advice "and opinion upon questions of law, when required by the Presi- " dent of the United States, or when requested by the heads of any " of the Departments, touching any matters that may concern their " departments." The construction of thi$ provision has been, that whensoever the President, or any head of a Department, has an of- ficial duty to perform, he has a right to call for the opinion of the Attorney General, on any question of law, for the purpose of assist- ing him in the discharge of that duty. This has been the construc- tion on which I have acted since 1 have been in office, and with the entire approbation of the President and heads of Departments. In- deed, on any other construction, the duties of the Attorney General would be wholly impracticable. Now, I apprehend, that the Court Martial, in this case, having been organized, and the charges laid before them, the Head of the Navy Department has DO duties to perform in giving their judicial decisions. "And since it is only in relation to his own duties that the Secretary can call for the opinion of the Attorney General, or that the Attorney General has any authority to give an opinion, it follows, that I must, on this, as I have been constrained to do on se- veral former occasions, beg to be excused from doing what 1 think unauthorized, and therefore wrong. I have the honour to remain, sir, with very great respect, Sec. (Signed) WM. WIRT. To the Honourable SAMUEL L. SOUTHARD, ./Vary Department. MR. PRESIDENT : Since the course which has been taken, with the objections of my counsel to the terms of the second charge, and its specifications, i* likely to produce delay ; and, instead of simpli- fying, as was intended, rather to perplex and embarrass the proce- dure of the Court, 1 have determined to withdraw these objections, in so far as they present any preliminary question to be discussed and decided upon the face of the charge and specifications them- selves, independent of any examination of the evidence to be ad- duced in support of them. 1 have deoided on this course, with the less hesitation, in consi- deration of being distinctly advised, by my counsel, that all these ob- 533 jections are equally available, under the general issue of" notguif- ty," as in any other form ; unless that which turns upon the defect of sufficient minuteness and precision in the specifications of time, place, manner and circumstances of the acts imputed to me, may be an exception. 'Tis not that the latter objection, or the rule, which it supposes to have been violated, is by any means, to he regarded as frivolous or captious ; or as unessential to the great principles of ->uustantial justice, by which the salutary forms of procedure in such cases, have been prescribed. On the contrary, I am made ex- perimentally sensible, in this very instance, of the value of the rule, and of the practical mischief and injustice resulting from the palpa- ble breach of it, apparent on the face of my pending accusation ; for I solemnly declare, that after the minutest recollection, and the most mature reflection, upon all the passages of my professional life, which, by any possibility, may be the subject of this complaint; and after all that has been said in the recent discussion, 1 remain at this moment, utterly perplexed and puzzled, even to conjecture what are the particular facts and circumstances of my imputed guilt, that are pointed at, and intended to be adduced against me, under several of the most important of these fire specifications : I am unable to do more than to form a probable, though vague conjec- ture. Yet, so long as I am assured that I am not to be entrapped, by taking issue upon the charge, to be held to a conclusive admission of its validity, or of the legal sufficiency of the facts to be given in evidence under it, as describing or constituting any offence for which I am amenable to martial law, I must be content to forego, (if such be the necessary consequence of pleading to issue) every advantage from the defect of reasonable certainty and minuteness, in the specifications ; and to encounter every disadvantage of igno- rance, from the want of fair and regular notice of the circumstances wherein my offence is supposed to consist. Since it appears that I am not entitled to reply to any of these to- pics in the discussion of a preliminary point, and since it is most un- expectedly intimated that doubts on the subject exist with the Court ; and as I feel that justice to myself requires, that I should have an opportunity of controverting whatever may have been ad- vanced to effect either my honour or the mere law of my case ; I have taken the only course left open to me, which is to waive the objections as matter of separate and preliminary discussion; and to reserve them, or such of them, as may be available for my general aeience. . , I do therefore, Mr. President, offer myself ready to go on witt the trial ot this second charge, and its specifications, upon the gene- ral issue, before tendered under protest ; reserving for my general defence, all such exceptions of law or fact, as shall be admissible and available in that defence. I beg leave further to suggest, that it is essential to my d ce, that I should be more precisely and minutely intormed of the pro- 534 positions of Fact or law, advanced against me, than I can be from a cursory reading of the long and elaborate argument of the Judge Advocate ; many parts of which, were but indistinctly heard and comprehended, in the course of that reading. 1 therefore request to be favoured with a copy of that document, as a part of the pro- ceedings of the Court, or such access to it as may be equivalent. I do not anticipate that there can be objection to this request, since the reasonableness of it is apparent. Although the nature of my objections was distinctly intimated on the second day of this Court's session ; and were specifically drawn out and stated in writing, as early as Wednesday the 13th instant, and though the reasons and authorities at large were distinctly read in open Court, on Friday the 15th ; yet, it seems, that because from some accidents, which I extremely regret, as it must have infinitely enhanced the labours of the Judge Advocate, the fair transcript of the argument in sup- port of the objections, was not put into his hands 'till ten or eleven o'clock on Sunday the 17th he was compelled to defer the pre- paration of his argument 'till he was in full possession of the written transcript of that which he was to answer. If a gentleman, possess- ing the acuteness and quickness of perception, the learning and in- genuity thus strongly manifested in the composition of an argument, so full of learned research, and various illustration; and so elaborate, and so diffuse, which occupied no longer time than from ten or ele- ven on Sunday morning, 'till it tvas time to meet the Court next morning; if a gentleman so gifted, laboured under so much disad- vantage from the absence of the paper he was to answer, you may judge, Mr. President, bow necessary it is for me to be possessed in extenso* of the argument by which many important points of my defence are so strongly affected. A. NAVY DEPARTMENT, dugiut llth, 1825. SIR : In pursuance of the application of the General Court Mar- tial, of which you are President, and for the better accommodation of all concerned, permission is hereby granted to the Court, to ad- journ, for the remainder of its sessions, to that central, and commo- dious building, on 1st street east, and the corner of Maryland ave- nue, formerly occupied by the Congress of the United States. I am, very respectfully, sir, your most obedient servant, SAML. L. SOUTHARD. Capt. JAMES BARRON, President General Court, Martial. B. WAV* DEPARTMENT, I2lh dugwt, 1825. SIR : 1 have received and submitted to the Executive, your let- ter of yesterday's date, in which you say " 1 transmit a paper "handed me by Commodore Porter, since the adjournment of the " Court this day, purporting, as I understood from him, to be a con- " tinuation of hi? defence. He stated, also, that the residue wouW 536 h defence. But u would be o bv u IT 7 thiD le *% ** jure to rece.ve and consider any n 3 1 " 1 P r P e ' > for the Execu- te Court Uself, as faS^SSKS transmitted to him by I am therefore direct- Proceedings. submit it to the Cou t, *&? jW> yon, that you handed to you , that the Court my!, man er ' in whi <* it OWn J ad ent upoa wfnch tbe accus - on the paper as a part "f P r P er ^ode of obtaining a deci- h ha r al l th ? *tt*tfS&* C Ptain PorTer he length of the document and hl ce ' th L at IS Possible. be consumed in reducing it tKrit^l "^ might necess '- ndulgence, with the most pSSnSSK ^^ m tives for th ^ questioning the pr oprietv g S?2S ^ for ^ Court, and without made m relation to the defence hlch lt has heretofore again in possess^n of thl^onrt* ^^ that y U ma ^ P la THOUSAND' DOLLARS REWARD- n e nigll( of ror n. K ~J J L | I-I, 7 4 recovered. s ' one ourth part of the Goods , , 824 . BOT ' BAILEV & co (No. 2.) SIR : I this morning received a letter from Mr. J. J. Atkinson, of Ponce, Porto Rico, who states that while on board the Mary Ann, of Baltimore, J. Dukehart, master, from this place bound for Ponce, the crew of said brig mutinied, and in the fray the papers of the vessel were lost overboard. He also mentioned that the crew of the brig Cadmus, of Kennebunk, has also mutinied in the port of Ponce the mutineers are confined in the jail of Ponce, but the au- thorities of the Island have informed the Captains that they would be kept till the vessels were ready for sea only. It will be necessary for either you or Captain Sloat to proceed, if possible, to Ponce, and give the Mary Ann a document with which she can proceed to Baltimore, as the shippers have refused to ship till she is regularly documented. I remain, with respect, your obe- dient servant, WM. FURN1SS. St. Thomas, 1st Ftbruary, 1825. To CHARLES T. PLATT, Esq. Commdt. U. S. Seh. Beagle, St. Thomas. (No. 3.) U. S. Sen. BEAGLE, Harbour St. Tfiomas, February lOlh, 1825. SIR : Having this day returned from a visit to Ponce, a village in the Island of Porto Rico, somewhat similar, and not far distant from Faxardo, under circumstances so widely different from those of my former visit to that Island, I do therefore beg leave to lay before you the circumstances that induced me to visit it, and more partic- ularly the reception that 1 met with, although no part of my uniform was different from that which I wore at Faxardo, nor had I in any res- pect improved in my address. I mention this with feelings of pure American pride, as prejudices much to my injury, particularly with such as I am not personally acquainted with, may have grown out of the Spanish account, of my piratical appearance*at Faxardo. On the 2d day of this month, I received from Mr. Furniss, Com- mercial Agent al St. Thomas, a letter stating that the crews of two American merchant vessels had mutinied, and that those vessels were then at anchor in the harbour of Ponce, and in want of the assistance of some one of the U. S. vessels of war ; and further more, that the master of a vessel then at St. Thomas, was desirous of obtaining convoy to the same place. Under such circumstances, I could not hesitate for a moment in fully complying with the re- quest. Consequently, as soon as was practicable, 1 got under wa} r , and two days after anchored in the harbour of Ponce, at which place as at Faxardo, I visited the shore in person. No indignation nor in- dignities were offered to my person, or the flag the Beagle bore ; but on landing was invited to a public house, refreshments were of- fered me, and in a very short time I arranged all things relating to the merchantmen, to the entire satisfaction o" their respective mas- ters. As soon as was practicable, the Captain of the Fort, accom- panied with numbers of the most respectable citizens, made their appearance ; when, to my no small gratification, they sajuted roe in 537 the most cordial and friendly manner. He, the Captain, did not ask or demand my commission. He beheld nothing in my features that indicated that cowardly and hell-like visage of a Pirate ; nor did he discover any thing other than that deportment which I have honestly inherited. In evidence of which 1 need only to observe, that I was waited upon, and requested to exchange salutes with the Fort, which was complied with. A carriage was prepared, as well as one of the tnost genteel dwellings, for my sole use during my stay. It was not my intention to have remained longer than was absolutely necessa- ry to accomplish the object of my visit, but from the urgent and num- berless invitations, pressing me to remain and accept of a dinner al- ready ordered for myself and officers, (a refusal of which would have carried with it a conviction of the truth of my uncouth man- ners, which had been so elegantly polished by the Faxardians,) I was induced to accept the invitation, and on the day following par- took of a splendid dinner, (the Alcalde at the head of the table,) with not less than thirty-five of the first and most respectable citi- zens and planters in that vicinity. After the cloth was removed, many complimentary toasts were given, which in turn were recip- rocated by the officers of the Beagle and myself. At 9 in the eve- ning I withdrew, and returned on board the Beagle, after having spent five hours, during which time the most cordial degree of friendship prevailed throughout the company. The next morning I left the port, having previously established private signals with the Captain of the Fort, that our respective forces might co-operate in the suppression of piracy. I have the honour to be, respectfully, your obedient servant, CHARLES T. PLATT, Lt. Com'dt, Beagle. Com. DAVID PORTER. (No. 4.) NAVY DEPARTMENT, 1st February, 1823. Com. DAVID PORTER, Comnd'g U. S. Naval forces in the West Indies, present; SIR : You have been appointed to the command of a squadron fitted out under an act of Congress of the 20th of December last, to cruise in the West India Seas and Gulf of Mexico, for the purpose of suppressing piracy, and affording effectual protection to the citi- zens and commerce of the United States. Your attention will also be extended to the suppression of the slave trade, according to the provisions of the several acts of Congress on that subject ; copies of which, and of the instructions heretofore given to our Naval Com- manders thereon, are herewith sent to you, while it is your duty tc protect our commerce against all unlawful interruption, and to guard the rights, both of person and property, of the citizens of the Unit- ed States, wherever it shall become necessary : you will observe the utmost caution not to encroach upon the rights of others ; and should you at any time be brought into discussion or collision, witf any foreign power, in relation to such rights, it will be expedient 68 jnd proper that the same should be conducted with as much modera- tion and forbearance, as is consistent with the honour of your country, and the just claims of its citizens. Should you, in your cruise, fall in with any foreign Naval force, engaged in the suppression of piracy, it is desirable that harmony and a good understanding should be cultivated between you ; and you will do every thing on your part, that accords with the honour of the American Hag, to promote this object So soon as the vessels at Norfolk shall be ready for sea, you will proceed to the West Indies, by such route as you shall judge best for the purpose of effecting the object of your cruise ; you will es- tablish at Thompson's Island, usually called Key West, a depot, and land the ordnance and marines, to protect the stores and pro- visions ; if however you shall find any important objection to this place, and a more suitable and convenient one can be found, you are at liberty to select it as a depot. You will announce your arri- val and object to the authorities, civil and military, of the Island of Cuba, and endeavour to obtain, as far as shall be practicable, their co-operation ; or at least their favourable and friendly support, giving them the most unequivocal assurance, that your sole object is the destruction of pirates. The system of piracy which has grown up in the West Indies, has obviously arisen from the war between Spain and the new gov- ernments, her late provinces in this hemisphere ; and from the limited force in the Islands, and their sparse population, many por- tions of each being entirely uninhabited and desolate, to which the active authority of the Government does not extend. It is under- stood that establishments have been made by parties of these ban ditti in those uninhabited parts, to which they carry their plunder, and retreat in time of danger. It cannot be presumed that the gov- ernment of any Island will jjfford any protection or countenance to such robbers. It may, on the contrary, confidently be believed that all governments, and particularly those most exposed, will afford all means in their power for their suppression. Pirates are considered by the law of nations, the enemies of the human race. It is the duty of all nations to put them down ; and none who respect their own character or interest, will refuse to do it, much less afford them an a?ylum and protection. The nation that makes the greatest ex- ertions to suppress *uch banditti, has the greatest merit. In making such exertions, it has a light to the aid of every other power, to the extent of its means, and to the enjoyment, under its sanction, of all its rights in the pursuit of the object. In the case of belligerents, where the army of one party enters the territory of the neutral power, the army of the other has a right to follow it there. In the case of pirate?, the right of the armed force of one power, to followr them into the territory of another, is more complete. In regard to pirates, there is no neutral party ; they being the enemies of the human race, all nations are parties against them, and may be consid- ered as allies. The object and intention of our government is to respect the feelmgs as well as the rights of others, both in substance and in form, in all the measures which may be adopted to accom- plish the end in view. Should, therefore, the crews of any vessels winch you have seen engaged in acts of piracy, or which you have just cause to suspect of being of that character, retreat into the ports, harbours, or settled parts of the Islands, you may enter in pursuit of them, such ports, harbours or settled parts of the country, for the purpose of aiding the local authorities, or people, as the case may be, to sei/e and bring the offenders to justice, previously giving notice that this is your sole object. Where a government exists, and is felt, you will in all instances respect the local authorities, and only act in aid of, and co-operation with them, it being the exclusive purpose of the government of the United States to suppress piracy an object in which all nations are equally interested ; and in the accomplishment of which, tne Spanish authorities and people will, it is presumed, cordially co-operate with you. If, in the pursuit of pirates found at sea, they shall retreat into the unsettled parts of the Islands, or foreign territory, you are at liberty to pursue them, so long only as there is reasonable prospect of being able to appre- hend them ; and in no case are you at liberty to pursue and appre- hend any one, after having been forbidden so to do, by competent au- thority of the local government ; and should you, on such pursuit, ap- prehend any pirates upon land, you will deliver them over to the proper authority, to be dealt with according to law, and you will furnish such evidence as shall be in your power, to prove the of- fence alleged against them. Should the local authorities refuse to receive and prosecute such persons so apprehended, on your fur- nishing them with reasonable evidence of their guilt, you will then keep them safdy and securely on board some of the vessels under your command, and report, without delay, to this Department, the particular circumstances of such cases. Great complaints are made of the interruption and injury to our commerce, by privateers fitted out from Spanish ports. You will endeavour to obtain from the Spanish authorities a list of the ves- sels so commissioned, arid ascertain how tar they have been instruct- ed to intercept our trade with Mexico and the Colombian Republic; impressing upon them, that, according to the well settled rule oi the law of nations, the United States will not consider any portion of coast upon the Gulf of Mexico as legally blockaded, except where a naval force is stationed sufficient to carry into effect the blockad- ing order or decree ; and that this government does not recognise the right or authority of Spain to interdict or interrupt our com- merce with any portion of the coat included within the Colombian Republic or Mexican government, not actually blockaded by a com- petent force. All the United States ships and vessels of war in the West Indies, of which a list is herewith enclosed, are placed under your com- mand ; and you will distribute them to such stations as shall appear to you best calculated to afford complete protection to our com 540 merce, in which you will embrace the object of protecting the con- voy of specie from Vera Cruz and the Mexican coast generally, to the United States ; keep one vessel at least, upon this service, to be at or near Vera Cruz, during the healthy season of the year, and to be relieved as occasion shall require, both for convoy of trade, and to bring specie to the United States confining the transportation to the United States only. You will be particularly watchful to preserve the health of the officers and crews under your command, and to guard in every possible manner against the unhealthiness of the climate ; not permitting any intercourse with the shore ivhere the yellow fever prevails, except in cases of absolute necessity. Wishing you good health, and a successful cruise, I am, very re- spectfully, sir, your obedient servant, (Signed,) SMITH THOMPSON. I certify the foregoing to be a true copy from the original on file in this Department. CHAS. HAY, Chief Clerk. NAVY DEPARTMENT, July 6, 1825. (No. 5.) Captain Porter has the honour respectfully to state to the Presi- dent of the United States, that, agreeable to the suggestion of the Prest. he, on the 16th of last month, addressed a letter to the Secre- tary of the Navy, requesting an investigation of his conduct, in re- lation to the affair of Faxardo, and the charges of Mr. Kandal, as early as was consistent with the public interests ; and on the same da^ he received what purported to be the Secretary's reply, inform- ing him the Executive had determined that a Court should be form- ed, to examine into the occurrences, so soon as circumstances will permit. Captain P. consequently waited with patience until the 13th of this month, when, not being able to learn that any steps were taken towards the accomplishment of the Executive will, he again ad- dressed the Secretary in the most urgent but respectful manner, to cause his conduct to be investigated, and allow him, if innocent, to relieve himself from the truly unpleasant situation in which the or- der for his recall has placed him. No notice has yet been taken of this request, and Captn. P. des- pairing of justice from any other quarter, begs and intreats that the President of the United States will cause it to be rendered to him. WASHINGTON, April 17//J, 1825. I certify the foregoing to be a true copy from the original on file in this Department. CHAS. HAY, Chief Clerk. NAVY DEPARTMENT, July 6, 1825. 041 (No. 5.) U. S. SHIP JOHN ADAMS, Pottage Island, \Sth Aw. 1824. Sm : I have the honour to inform you that, on my arrival at St. Thomas, I was informed that Lieut. Comdt. Platt, of the U. S. schooner Beagle, who had visited Faxardo, a town on the east coast of Porto Rico, about two miles from the sea, for the purpose of making inquiries respecting a quantity of dry goods, supposed to have been deposited there by pirates, was, after being recognized as an American officer, by the proper authorities there, imprisoned and shamefully treated. Indignant at the outrages which have so repeatedly been heaped on us, by the authorities of Porto Rico, I proceeded to this place, where 1 left the ship, and taking with me the schrs. Grampus and Bea- gle, and the boats of the John Adams, with Captain Dallas, and part of his officers, seamen and marines, proceeded to the port of Faxar- do, where, finding preparations were making to fire on us from the battery onshore, 1 ent a party of seamen and marines to spike the guns, which was done in a few minutes, as the Spaniards fled on the landing of the party. I then landed with two hundred men, and marched to the town, spiking on the way the guns of a small batte- ry, placed for the defence of a pass on the road, and reached the town in about thirty minutes after landing. I found them prepared for defence, as they received information from St. Thomas's of my intentions of visiting the place. I halted about pistol shot from their forces, drawn up on the outskirts of the town, and sent in a flag, re- quiring the Alcalde or Governor, with the Captain of the Port, the principal offenders, to come to me to make atonement for the out- rage, giving them one hour to deliberate. They appeared accord- ingly, and after begging pardon (in the presence of all the officers) of the officer who had been insulted, and expressing great peni- tence, I permitted them to return to the town, on their promising to respect all American officers who may visit them hereafter. We then returned to the vessels, and left the harbour, after being at anchor three hours. As we \vere getting under way, a number of persons appeared .on the beach, bearing a white flag, and having with them some bul- locks and a number of horses, apparently laden no doubt a pre- sent from the authorities of the place, which they informed me they should send me. There is no doubt that our persons and our flag will be more re- spected hereafter than it has been by the authorities of Porto Rico. Every officer and man, on the occasion, conducted themselves in a manner to meet my entire approbation. 1 have the honour to be, very respectfully, your obedient servant, D. PORTER. The Hon. SAM'L L. SOUTHARD, Secretary of the Navy, Washington. I certify the foregoing to be a true copy from the original on file in this Department. CHAS. HAY. JVAVY DEPARTMENT, July 6, 1825. This paper admitted to have been received by the Department on the 4th December, 1824. S42 (No. 6.) U. S. SHIP Joins ADAMS, Thompson's Island, 30th January, I52o* SIR : I have the honour to acknowledge the receipt of your or- ders of the 27th ult. informing me of your reception of mine, of the 15th of November, relating what you have been pleased to term " the extraordinary transactions at Faxardo," and recalling me from my command for a full investigation of my conduct in that af- fair. Agreeable to your orders I shall leave this place for Washington, " without unnecessary delay," and have taken measures to obtain all the testimony necessary, and such written evidence as I supposed useful ; and on my arrival in the United States shall hold myself ready to justify my conduct in every particular, not only by the laws of nations and of nature, and by highly approved precedent, but, if necessary, by the orders of the Secretary of the Navy. To use the emphatic language of Mr. Adams, " by all the laws of neutrality and war, as well as of prudence and humanity,'" I was warranted in chastising and intimidating the authorities of a place who had not only become the allies and protectors of outlaws and pirates, but our active enemies, by the imprisonment and forci- ble detention of an American Officer, while in the performance of his duties. " There will need" (continues Mr. Adams,) " no ci- tation from printed treatises on international law, to prove the cor- rectness of this principle. It is engraved in Adamant on the com- mon sense of mankind, no writer upon the laws of nations, ever pretended to contradict it ; none of any reputation or authority ever omitted to insert it." I am willing sir to submit my conduct in this affair to the strictest investigation, and if 1 cannot fully justify, it, I shall cheerfully sub- mit to the severest punishment that can be inflicted ; but if it shall appear that the motives which influenced me, were founded in pa- triotism, that the necessity for my conduct really existed, and that " my vindication is written in every page ot the law of nations, as -well as the first law of nature, self defence," I shall then hope that atonement will be made for the forcible withdrawal, for an al- leged offence, from my command, by restoring me to my former station, and allowing me to retire from it in a manner more honour- able to myself and my country, and less injurious to my feelings and character. This, sir, will be an act of justice that I hope will not be denied to me. 1 have the honour to be, with great respect, your ob't serv't, (Signed,) DAVID PORTER. Honourable SAMUEL L. SOUTHARD, Secretary of the ./Vary, Washington. I certify the foregoing to be a true copy from the original on file in this Department. CHAS. HAY, Chief Clerk. XAV\ DEPARTMENT, 6th July, W25. 543 (No. 6.) V. . SCHOONER BEAGLE, Si. Thomas, lU&nfo. 1824. STR: At ten in the morning of the 26th of October last, I receiv- ed intelligence that the American Consul's store had been forcibly entered on the preceding night, and robbed of goods to the amount of five thousand dollars. With this report, the American Consul requested mo, provided it would prove consistent with my duties, {o sail in quest of those whom it was supposed had clandestinely left the harbour the night preceding, in a small boat, and generally believed by those acquainted in St. Thomas', to have proceeded to the port of Faxardo, on the east end of Porto Rico. I directly gave the necessary orders to prepare for sea ; having received a good pilot on board, I was enabled, by noon, to proceed in quest of the marauders. Standing along the south side of Crabb Island, discovered a sloop in Settlement bay ; boarded her and received information of a pira- tical sloop-rigged boat to leeward, that had been for some time past infesting the coast. This information induced me to alter my course and steer for the west end of Crabb Island. At 10 A. M. discover- ed a sloop beating to windward, and the small sloop rigged boat standing from the land. At 10. 50, fired a shot to bring the sloop to ; At 10. 55, fired again, she hove about and stood for the land. Spoke the sloop from St. Croix bound to St. Tho- mas ; made all sail for the sloop boat, which run into Bay, and her crew abandoned her. At 11. 15, came to, and took possession of the deserted boat. At 11. 45, made sail and stood for the S. E. end of Porto Rico at sun set came to in the harbour of Port Faxardo. On the morning of the 27th, a Creole visited me from shore, who bore an invitation from the Commandant to me to visit him. At 7, A. M. in company with Lieut. Ritchie, the Pilot and the Consul's Clerk, I landed. For our better success we appeared in the char- acters of citizens. On my reaching the shore, the register of tny vessel was demanded. 1 explained the object of my visit, and the policy of my appearing in disguise. This, however, proved of no avail ; I was not allowed to proceed to Faxardo.* Supposing that the person who made these demands had no authority to detain me, 1, in company with Lieut Ritchie, proceeded to the port of Faxar- do, and explained in the most satisfactory manner, to the Captain of the port, the object of my visit, and produced a private letter from Mr. Cabot, American Consul, to a merchant in that place, in relation to the service in which we were engaged. Having observed the necessary forms and ceremonies with regard to the Captain of the Port, we then waited upon the Alcalde and further acquainted him with our mission, &.c. who proffered us every assistance ; having made a few enquiries in some of the retail stores, which had an immediate tendency to bring to light any who- may have been engaged in this traffic, we received a positive order to repair to the Alcalde's house, where we were also receiv 544 ed by the (Captain of the Port, who damned us as pirates, and re- quested of me, register, papers, &.c. &c. I stated I possessed no register, I carried no papers, other than my commission, and that of my oflicers ; we were seized as culprits, and conveyed to prison. To satisfy them of my real character, of which they pre- tended they had no positive proof, I consented, though repugnant to my feelings, to have my commission sent me. After its produc- tion they declared it a forgery, and again remanded us to prison, de- claring he would not release us until he had heard from St. Johns. 1 ihen demanded to know what was further required ; the reply was, "your appointment as Lieut. Commandant of that vessel is what you must produce. " 1 at first hesitated, and would not comply, but not wishing on my part to commit any action which might have a tendency to disturb the harmony existing between our respective governments, I pro- duced my appointment as Lieut. Commandant. A council of offi- cers was called with other citizens of the place, who. after having heaped upon us the most shameful outrages, permitted us to depart on board. I have the honour to be, very respectfully, your obe- dient servant, (Signed,) CHAS. T. PLATT, Lieut. Comtft U. S. Schr. Beagle. To Com. D. PORTEU, U. S. Nary. I certify the foregoing to be a true copy from the file of this De- partment. CHAS. HAY, Chief Clerk. NAVY DEPARTMENT, July 6//t, 1825. (No. 7.) WASHINGTON, I6lh March, 1825. SIR : It is now sixteen days since I had the honour to report to you my arrival here in obedience to your orders, of 27th December, and 1 have anxiously since awaited your further instructions. 1 am aware, sir, of the interruptions the recent changes in govern- ment, and other circumstances, have occasioned to the transaction of public business, and however irksome and uncertain may be my present situation, and whatever anxiety I may feel on the occasion, it is not my/ wish to press on the Department my own aflairs in pre- ference to those of more importance; I cannot, however, help re- questing that there ma> be as little delay in the investigation of my conduct, both as regards the affair of Faxardo, and the statements oi Mf. Randall and Mountain, and is consistent with the public interests. The state of ignorance and uncertainty in which I have been kept, as to the intentions of the government and the desire of vindicating myself to the government and the public, and relieving myself from a species of suspension and supposed condemnation, must be my apology for now troubling you. Officers continue to make to me their reports, and to request of me orders. N 7 ot knowing whether the Department still consider 343 me in command of the West Indies Squadron, I have been at a loss how to act : will you be pleased to instruct me on the subject. I have the honour to be, with great respect, your obd't serv't, D. PORTER. Hon. SAMUEL L. SOUTHARD. I certify the foregoing to be a true copy from the original on file in this Department. CHAS. HAY Chief Clerk. NAVY DEPARTMENT, July 6, 182.5. (No. 7.) ST. THOMAS, \2th November, 1824. ' SIR : 1 have the honour to inform you, that the store of Cabot, Bai- ley &Co. was broken open on the night of the 24th ulto. and property to a considerable amount stolen ; and having strong reasons to be- lieve that the robbery was committed by a gang of thieves, who harbour in the Island of Porto Rico, 1 communicated the same to Captain Platt, of the U. States schooner Beagle, and very promptly offered to go there in pursuit of them, and started for Faxardo on the morning of the 25th with a pilot which I furnished him, and a young man from the counting house, with a description of the goods, and a letter ot introduction to Mr. Juan Campos, from one of the most respectable houses in this place, and well known in that quar- ter. The manner in which Capt. Platt was received and treated, has no doubt, been communicated to you by him. I beg leave to enclose a letter from Messrs. Bergeest &. Whlhorn, confirming the facts of the late robberies in this Island having, in most instances, been traced to the quarter of Porto Rico, where Capt. Pl-ilt went. I have the honour, sir, with great respect, your most ob't serv't, (Signed,) STEPHEN CABOT. To Commodore DAVID PORTER. U. S. Consular dgenl. I certify the foregoing to be a true copy from the files of this Department. CHAS. HAY, Chief Clerk. NAVY DEPARTMENT, July 6, 1825. (No. 8.) WASHINGTON, l^th dpril, 1825. SIR : I hope it will not be considered obtrusive in me to remind you of the extremely unpleasant situation in which your orders of the 27th December has placed me. You will recollect, no doubt, that they required me to repair to this place izithout unnecessary delay, to explain my conduct in re- lation to the Faxardo affair ; from this positive injunction, they de- prived me of the opportunity, without taking on myself great re- sponsibility, of obtaining by personal application, the written testi- mony necessary in the case; not knowing the causes which influ- enced you in urging my recall so speedily, and not wishing to, have unnecessary delay ascribed to any wish on my part, the day of my> 69 546 arrival here (the 1st of March,) 1 reported to you my attendance on your further orders. No notice being paid to this report, after an interview had with the President, I again addressed you at his suggestion, on the 16th of the same month, and on the same day I received your letter, apprising me that, by the determination of the Executive, a Court of Inquiry would be formed, to examine into the occurrences at Faxardo, as well as the charges of Mr. Randall, so soon as circumstances will permit. Since that time, 1 have \vaited patiently your convenience, re- gardless of the anxiety and importunity of my friends, not wishing to press my business on you to the exclusion of matters which might now appear to you of more importance to the public interest, than the investigation of my conduct in the Faxardo affair, or the charges against myself and others as contained in Mr. Randall's statement*. 1 mu>-t beg leave to observe to you, however, that the manner of my recall, proves that, at the time your order of the 27th December was issued, the investigation of the affair which caused it, \vas considered of great national importance, and a note subse- quently received from Mr. Monroe, not only confirms this belief, but proves that he still thought so after he had gone out of office. 1 must also beg leave to observe, that whatever opinion may be en- tertained now, the punishment to me is none the less on account of the change, if any change has taken place. The affair of Faxardo was the occasion of my recall the affair of Faxardo was the occasion of my being displaced from my command it is that affair which now keeps me suspended from the exercise of my official functions it was that which caused you to pronounce censure on me, to pun- ish and degrade me, before any complaint against me, before trial, and before I was called on for explanation. If, sir, opinion is changed ; if, by information since received from other quarters, you have been induced to believe that the public interests do not require so much haste in the investigation as you at first supposed, it would seem but just that my own anxieties, anJ the anxieties of those whose peace of mind 1 regard, and good opin- ion 1 highly respect, should be relieved, by some intimation of your intentions with regard to me, that there should be in fact some re- laxation in the severity of the course adopted toward me. It is with reluctance that 1 trouble you with any complaint what- ever, but I feel that 1 should neither do my duty to myself, to what I owe to others, and indeed to the service to which 1 belong, if by a lougr silence, 1 gave reason to believe that I acquiesced in a course of conduct toward me, which, when a full investigation takes place, and all the facts are known, few I think, will acknowledge is founded on justice. Executive, it appears, has decided that a Court of Inquiry shall be ordered to investigate my conduct Why then deprive tun i the opportunity of making my explanation, by del tying the ution ol the Executive will ? Upwards of six weeks have olaps- ed since I reported my arrival here, -and as yet I only know the determination of the Executive. 547 The time when, the place where, and by whom the investigation 11 to be made, are unknown to me ; no definite period is fixed on for the holding of the Court, and I therefore most respectfully ask, what is your determination with respect to me ? that 1 may kno\v what course of conduct it would be proper for me to pursue. I have the honour to be, your obedient servant, D. PORTER. Honourable SAML. L. SOUTHARD. I certify that the foregoing is a true copy from the original on file in this Department. CHAS. HAY, Chief Clerk. NAVT DEPARTMENT, July 6, 1825. (No. 8.) SIR : At the request of our friend, Mr. Stephen Cabot, we be leave to state to you some facts relative to the robbery lately conv- nitted in this Island. Our own store, and amongst others, those of our neighbours, Messrs. Ellis, Gibson & Co. John Kettle, Esq. Robert Alexander, Esq Saubot, Zobert, & Co. were forcibly broken open, property to a very large amount stolen, and a considerable part of the goods traced to Naguabo, near Faxardo; in consequence of which, and the circumstance that about ten days previous to the robbery committed in the store of Messrs. Cabot, Bailey, & Co. a gang of desperate thieves made their escape from the prison, at the City of Puerto Rico ; as also every search had been made here on shore, as well as in the harbour, and nothing discovered, except that the goods stolen had been carried off by the sea side, induced us to recommend to those gentlemen sending down a person to Faxardo, as being pro- bable the means oftracing the robbers. Desirous of assisting our friends Messrs. Cabot, Bailey, & Co. in this object, we gave one of their Clerks, and whom we understood was to go down in the U. S. schooner Beagle, a letter of recommen- dation to our friend, Mr. Juan Campos in Faxardo. who had on for- mer occasions of the same nature, been the means of discovering the property and perpetrators, in the case of Messrs. Ellis, Gibson, & Co. and our own. We have the honour to be, with sentiments of the highest regard, sir, your obedient humble servants, BERGEEST & WHLHORN. ST. THOMAS, llth November, 1824. To Commodore DAVID PORTER. I certify the foregoing to be a true copy from the files of this Department. CHAS. HAY, Chief Clerk. NAVY DEPARTMENT, July 6, 1825. 548 (No. 9.) MERIDIAN HIM,, lllh June, 182S. S'IR : I have received your letter of yesterday's date, acknowl- edging the receipt of a pamphlet published by me, respecting the proceedings of the Court of Inquiry, and transactions at Faxardo j and expressing your surprise that I should have considered it pro- per, while my case and the report of the Court of Inquiry, were still under consideration of the Executive, to make a publication re- lating therto ; and especially a publication, in so many respects, de- ficient and inaccurate. I beg leave to state to you, that the publication alluded to. was put to press, and nearly ready for distribution, before I received any intimation from you of an opinion on the p..rt of the Executive, that further proceedings in the case were deemed necessary ; an intima- tion which occasioned to me great surprise, and it was only the hope of removing from the mind of the Executive an idea of this neces- sity which induced me to circulate it, after being so notified, a? you will perceive by the note accompanying the pamphlet sent you a few days aflr.ryour notification ; a notification which, pardon me, sir, I did believe was intended for the sole purpose of slopping my publication, as 1 could find no other motive for it, nor have 1 yet been able to find any other, as I am to this day not arrested, as I was informed by you I should be in a few days. If, by an intimation of the deficiencies and inaccuracies which my paaiphl >t contains, it is intended to convey the idea of a wilful mis- representation on my part, 1 begyou to point out in what it consists. The record of the proceedings as published, are copied from the record of the Judge Advocate, and the documents, whether reject- ed or otherwise, for or against me, so far as I coulr 1 possess myself of them, accompany the publication, and I certainly have not omit- ted any against me, that were admitted by the Court as testimony ; to the contrary. I have inserted one of that character, which was rejected by the Court as unauthentic, to wit, the Porto Rico publi- cation. There are one or two trifling typographical errors, the most important of which is the word clothes instead of colours, in the tes- timony of Mr. Plult, page 15, and 1 think an omission to italjcise the words " fearful odds," in page 37, which surely cannot be the in- accuracies and deficiencies alluded to, as the first error is calcula- ted to operate against myself, and the other, if it really exists, is of no importance. There is also an unimportant letter from you to the Court, transmitting the rejected documents!, which by a note in pHge 31, and the report of the Court, which by a remark in page 32, I acknowledge not to be in my possession. The first was refused to me by the Judge Advocate ; the latter, I am still ignorant of, but the publication of both I now respectfully invite. I he anonymous publication ii < -tenlav'* Journal, of the same, of your letter, and tak' n in connexion with the language of it, .149 leaves no doubt of the source whence it originated ; I, consequently, considering my relationship to the Department, feel restrained from making suitable comments thereon ; it is therefore only left for me to express the hope that the promised period for rectifying the er- rors, and supplying the deficiencies which are said to exist in the pamphlet, rn -y soon arrive, and until it does, I hereby voluntarily pledge my " vr:red honour" that none will appear in it, except those I have indicated, so far as 1 could, by every effort on my part, ob- tain a knowledge of the proceedings of the Court, and I have no doubt 1 have obtained them correctly. If it is intended to intimate that the reasonings contained in my defence are fallacious, and present an improper view of the subject, I can only say that they are the expressions of rny honest, unaided opinions and conviction*, and that 1 should have delivered them be- fore the Court, had 1 been allowed the opportunity of doing so. They are before the public ; the public will judge of their val- ue, and I now more than ever feel the necessity of appealing to its decision. I am not impatient of it, and wait the convenience of the Depart- ment, in whatever measures it may think proper to adopt towards me. I take the liberty to remind you that I am still ignorant of the opinion of the Court of Inquiry on the charges of Messrs. Randall and Mountain, and to request that it may be laid before the public, that it may be able to judge whether I am innocent or guilty of them. If the Court have pronounced me innocent, I am entitled to all the benefits of their opinion ; if I am guilty, I arn unworthy of holding my commission, and should wish no longer to disgrace it. I have the honour to be, your obedient servant, D. PORTER. lion. SAMI.. L. SOUTHARD. I certify the foregoing to be a true copy from the original in this Department. CHAS. HAY, Chief Clerk. NAVT DEPARTMKJTT, July 6, 1825. (No. 10.) WASHINGTON, 2nd May, 182.5. SIR : The accompanying pamphlet, which was put to press short- ly after the proceedings of the Court of Inquiry on the Faxardo affair, contains all the explanations I shall ever be able to make, in justification of my conduct. I never had, at any time, any doubts of the propriety of the course 1 pursued, nor have I now, and it will be the source of great regret to me, if, after a perusal of the pamphlet, further proceed- ings in the case should be thought necessary. If it be thought that I have erred in judgment, the purity of my intentions r I presume, cannot be doubted, 550 I have the honour to be, with great respect, your obedient ser- vant, (Signed) D. PORTER. Hon. SAM'L L. S onlv to disap- any one for a service 'rendered o L m KtTh '^ K? ^"^ gost respectfully to decline a compSce w th th ? ^ take Jeave Hon. Secretary, assuring him *t th the there is not stated, G and S h n, K , '" Comn S >e .- . i-o taken : from the Cincinn.t, Gaxette and Nnser e , yet, notwithstanding that tt of hi. conduct in of or p consequence of that affair bfen r 'ecalled TnTh'- re P r ' er ? a8 ' in nation should know the true position X ?%" ' hat the