Senate.]

Suppression of Piracy.

[JAN. 31, 1825.

tion,now proposed to be stricken out, and the first, which sistent with obligations of an equally imperative chacontained no new principle, he considered the bill as of little value.

The first section provided for the increase of the Navy, by the addition of ten sloops of war; this he warmly approved; it would be useful in the suppression of piratical depredation, but it grew not out of that consideration alone; the subject was fully considered and discussed, and approved the past winter; it was advocated as needful in any event, for the completion of our naval peace establishment, as necessary for the security of our interests, and the protection of our rights on the coast of Africa, in the Mediterranean, and in the Pacific, as well as in the Gulf of Mexico-as a measure of economy; for five sloops of war could be built for the same cost as one 74; and as a needful school for our young officers to qualify them for higher and important commands. This was the origin of the measure of an increase of ten sloops of war; which he hoped would be adopted.

racter.

Although the immediate question before the Senate was to strike out the third section, authorizing, in certain cases, a blockade of the ports of the Spanish Islands in the West Indies, the discussion had embraced the whole subject. He thought this course justifiable, and would himself follow the example which had been set. As early as the year 1822, piracies in the Gulf of Mexico and West India seas, had arrived at so great a height, and assumed a character so alarming, as to call for the most rigorous exertion of the Government for their suppression. The call was not made in vain. In December, 1822, a law was passed, "authorizing an additional naval force for the suppression of piracy;" making an ample appropriation for the object, and placing the means provided at the disposal of the Executive. Those means had been put in prompt and effectual requisition, under his direction. In February, 1823, a squadron, consisting of seventeen vessels, of different sizes, besides barges, The other principles of the bill, independent of the was prepared for sea, and despatched upon the service blockade, were, the authority to pursue on shore, to arm authorized by the act, under the command of the most the merchant vessels at their own expense, to require gallant and meritorious officer of the navy, Captain bonds that an ill use should not be made of the arma- David Porter. The success which crowned the exerment, to distribute prize money, subject, however, to the tions of Capt. Porter, and the gallant men under his comparamount private agreement of the parties, and to mand, was fresh in the recollection of all. Although grant pensions from the proceeds of their own captures, driven from the station by pestilence, in the latter part and from no other source, to the heirs of those who are of the season, such had been the destruction, and such killed, and to the survivors who were wounded; all the impression made on the pirates, that Captain Porter, which, he contended, were of scarcely any importance. in his letter to the Secretary of the Navy, of Nov. 19, The right of pursuit had been given two years ago, by||1823, declared “that he had no knowledge of the exist Mr. Secretary Thompson, to Commodore Porter. The ence of any piratical establishment, vessel, or boat, or a arming of merchant vessels was now unrestricted; the pirate afloat in the West Indies and Gulf of Mexico. merchants did it on their own responsibility, without That they had all been burnt, taken, destroyed, and bond, and this provision was an incumbrance rather than driven to the shore, where the latter had, in most cases, an accommodation to them. The distribution of prize been speedily captured by the local military." And the money, they could regulate as well by private agree- Secretary of the Navy, in his report to the President, of ments, without the law, as with it; and this they could the 1st of December, 1823, which accompanied his mesalso do with regard to pensions, of which it was difficult sage to Congress, stated that "piracy, as a system, had to speak seriously. These pensions were to be derived, been suppressed in the neighborhood of the Island of from what? From captures made of Pirate's row boats, Cuba, and now required only to be watched by a proper which could not be found ten miles from the shores, and force, to be prevented from afflicting commerce any which it would cost ten times as much to bring to the further in that quarter." Such were the results produ United States as they would be worth when they got ced by the exertions made for the suppression of pirathere; and this is the only source from which the pen-cy in 1823. Let us now, (said Mr. V. B.) direct our sions are to arise, for the act provides that it is to be attention, for a few moments, to those of the past year. from this source, and from no other; merchant vessels The Secretary of the Navy, in his communication of the could not make other captures; ships of war might get 12th of January last, informs us, that all the vessels, maksalvage occasionally-their business was to cruize along ing the squadron of 1823, (except four small schooners the coast, the object of the merchant ship was to get in- two of which had been lost, and two abandoned, as unto port as soon as possible. He would not pursue the fit for service,)" had been uniformly employed in the subject, but again repeat, that, if the third section were object, so far as their size, and the necessity of occasionstricken out, except for the provision with regard to al returns into port for stores and repairs, would permit; sloops of war, he was wholly regardless of the fate of the that the effect produced had fallen far short of that of bill. the preceding season, was most apparent. From the Mr. VAN BUREN said that the subject under consi- month of July down to the last accounts, the horrid deration was justly considered by the gentlemen who practice had been gradually extending and assuming had spoken before him, as one of the utmost import-new features of atrocity, until it had arrived at a height ance, requiring the prompt, zealous, and efficient atten- not only ruinous to our commerce in those seas, but, in tion of the government. It was one in which a great an unprecedented degree, destructive of the lives of our portion of his immediate constituents, from their situa- citizens, and distressing to the cause of humanity." tion and pursuits, had a deep interest, and thinking so, To what cause, he asked, are we to attribute this unpartook largely of the general solicitude which was fortunate and distressing disparity in the results of the every where felt in relation to the proceedings of Con-service of the two successive seasons? He put the gress in the matter. That circumstance must be his question, not with a view to implicate any one, but to be apology for prolonging a discussion which had been con- informed, by those more capable, and who had better ducted with so much ability. At the commencement of means of information: To the end that, if in the power the session, this subject was referred to the Committee of Congress, the appropriate remedy might be applied. on Foreign Relations; they had given to it their early He knew too well, and prized too highly, the gallantry, and zealous attention, and the bill on the table was the fortitude, and perseverance, of our naval officers and searesult of their deliberations. Although he might not be men, to believe, for a moment, that they could be defiable to approve all its provisions, he was led, by inclina-cient in any thing which duty required at their hands; tion as well as duty, to give them a liberal and candid examination-to aid in their improvement, if that should be in his power, and support such as he could, con

and he did not feel himself at liberty, from all the information before us, to say that there had been dishonor or misconduct upon the part of those to whose control the

66

66

JAN. 31, 1825.]

Suppression of Piracy.

[Senate.

force employed was entrusted. In the communications cient aid from the local authorities of the Island. It is made to the Department of State by the commercial now said, that that aid has been withheld during the agents at the Havana, (Mr. Randall and Mr. Mountain,) last season, and that, instead thereof, there has been and laid before the Senate, in pursuance of their call, the criminal confederacy with the pirates on the part of the explanation is attempted to be given. In their several great body of the inhabitants of the Island, and a partiletters, from July to late in November, they complain of cipation in their plunder-that, with the exception of the withdrawal of the squadron from that station. They the Captain General, and some of the higher officers, put this matter strongly before the Government-they there has not only been a total remissness on the part of say, "that since the spring, the vessels have been dis- the local authorities in the use of means for the detecpersed on various services remote from the Island; tion and destruction of the pirates; but that they have "that they have merely made it a touching point, in received countenance and protection from most of the "transitu, without remaining long enough to make any officers of the Government. It is on the assumption of permanent impression on the system." They do not those positions, that the committee have recommended question, but, on the contrary, highly applaud the zeal, measures which are intended to bear upon the inhabienterprise, and courage, of our officers and seamen ac- tants themselves. That these measures, or others of tually engaged in pursuit of the pirates, but attribute the same tendency, may change the existing relations the consequence to the diversion of the force to other between Spain and our Government, is understood; and and incompatible objects; of which, the chief one, they the consequent propriety of looking well to the facts on say, is the employment of the vessels, destined for the which they are predicated, has been duly appreciated. suppression of piracy, to the transportation of specie The Executive has been called upon for information. from ports in the Gulf of Mexico to the United States. He has furnished it. Of the credibility of the sources They are very explicit on this subject, and as he (Mr. from which it is derived, we cannot judge; but we are VAN BUREN,) had already observed, expressed them to presume it good-the ability of its author is apparent. selves very strongly. On the other hand, Commodore The statements made by Mr. Randall, and by Mr. MounPorter repelled the complaints which had been made to tain, are full of, to us, the most distressing, and to the the Government by merchants and others, with great people and local government of Cuba, discreditable and force, attributing the revival of piracy to causes other even criminal facts. We are told, that there is not the than those spoken of by Randall and Mountain. It was least doubt, that many of the inhabitants are concerned not, Mr. VAN BUREN said, for the Senate to decide whe- in the equipment of the vessels employed by the pirates; ther there was blame any where, or if there was, where and in the participation of their plunder-that the moit lay. The act of 1822 did not (as its title would seem ment a prize to the pirates arrives on the coast, persons to indicate,) confine the appropriation exclusively to the from the interior throng to the spot to share in or pursuppression of piracy, but provides " for affording effec- chase the plunder; that the property soon finds its way tual protection to the citizens and commerce of the Unit- into the cities, and tempts the cupidity of all by the aded States, in the Gulf of Mexico and the seas and terri- vantage of the treasure; that large quantities of the tories adjacent." Under it, Commodore Porter had been plunder have been known to be introduced into Matancharged by the Navy Department, in his first instruc- zas, and publicly sold, at prices which alone betray the tions, in addition to the suppression of piracy, not only nature of the property; that retailers of goods are seen to extend his attention to the suppression of the slave travelling to the coast with pack horses, for the known trade, to the system of privateering on our commerce, purposes of purchasing from the pirates; that this was carried on from Porto Rico and Porto Cavello, but also carried to so great an extent, that a respectable Englishto the protection of the convoy of specie from Vera man, who owned a ferry near the city, informed Mr. RanCruz and the Mexican coast generally to the United dall that the returns from his ferry gave certain indicaStates. There was, Mr. V. B. said, no complaint from the tion when prizes were on the coast, from the number of Department, that any greater attention had been paid persons who resort from Matanzas to their rendezvous; to the latter branch of duty than was warranted by its that persons, known to be pirates, walk the streets of instructions. that city unmolested, wearing upon their persons goods But he thought there was reason to apprehend, that known to have been obtained by violence. One case the main object, the suppression of piracy, had been se- which is mentioned by Mr. Randall, will serve to illusriously affected by the multiplication and variety, and trate, in the most striking manner, the extent of this supposed incompatibility of the duties he had spoken of. evil. A large sum of money in doubloons, which had He advanced this suggestion, however, with diffidence. been plundered from a Boston vessel, had been traced His inexperience in these matters might lead him into to the village of Regla. The Captain General was inerror-but if there was ground for the apprehension he formed of the fact, and his aid asked for its recovery. entertained, he respectfully submitted whether measures Having caused inquiry to be made, he sent for the claimought not now to be taken to prevent a recurrence of ant, and informed him that he feared all Regla would be the evil. Mr. VAN BUREN said, he would not detain the implicated in the robbery, and that, in the then disturbSenate longer on that branch of the subject, but proceeded and critical condition of the island, he dared not push to the consideration of the different sections of the bill. [He then adverted to the provisions of the bill authorizing the building of ten sloops of war, the privileges given and rights secured to merchant vessels who should arm for their own defence, and the authority to place on the pension list those seamen in the merchant service who should be wounded by the pirates, and the widows or children of the slain, explaining the grounds on which they rested, and his ideas of their propriety.] These, said Mr. V. B. are all the provisions recommended by the committee looking to attacks upon the pirates on the ocean. They are appropriate, and, as far as such measures can go, will doubtless be found sufficient. But it is supposed that, in consequence of the changed condition of things on the Island of Cuba, other measures, and of a different character, are called for.

In 1823, Commodore Porter ultimately received effi-
VOL. I.-25

the investigation further. And, to give countenance to the practices enumerated, we are told that men of responsibility on the island, openly justify the conduct of the pirates, making it a political question, and urging the commission of what they call similar practices of the Americans, in capturing Spanish property, under the South American flag. To redress those atrocious disorders, frequent and unavailing applications have been made to the local government. Circumstantial and well authenticated accounts of them have been repeatedly laid before the Government of Spain by our Minister at that Court, and the attention of the Spanish Government to the subject, solicited with much eloquence and great force. The appeal thereto has been made in vain; on the contrary, all the indications we can derive from the documents, of the disposition of the Spanish marine, are of a character, evincing an indisposition to aid in the

Senate.]

Suppression of Piracy.

[JAN. 31, 1825.

destruction of the pirates. A Spanish brig of war board them. If that pursuit was continued into the Thames, ed a piratical vessel in the neighborhood of Cuba, re- to the city of London, even to Westminster Hall itself, ceived presents from, and exchanged civilities with her, the act of the pursuer would not give just cause of comand suffered her to pass, on being informed by the pi- plaint to the Government whose territory was so invaded. rate that he cruized only against the enemies of Spain. The motive and the object were laudable, and no ofIn another case, a Spanish vessel of war was laying in fence or injury being intended, none would be considerMatanzas when the American brig Industry, from Balti-ed as done. The truth and justice of this position, he more, was attacked by pirates in the harbor without interference on the part of the Spaniard, although the attack was well known at Matanzas at the time of it.

It

said, might be illustrated by familiar allusion to the personal rights of individuals, and he made them.-There is, therefore, no doubt, said Mr. V. B. that, if our vessels It is from these and other facts, established by the do- come in contact with the pirates at sea, and they fly, the cuments on our tables, said Mr. V. B. that the committee right of pursuit to the land, settled or unsettled, athave drawn the strong inference of a participation in the taches, and the bill upon the table gave no more. guilt of the pirates on the part of the inhabitants of was most evident that, unless Spain could be induced Cuba-remissness, if not encouragement, on the part of to interfere, or the mischief in some other form repressthe local government, and a total disregard of our com-ed, a further authority to our forces would become indisplaint on the part of Spain. In his judgment, the com- pensable-the authority to land on the island in search mittee were well warranted in the opinion they had of pirates, to exercise municipal authority there, to formed and expressed. The case was one which he wrest the sword of justice from the hands of those who thought called for the exercise of the best means at the were unable or unwilling to wield it for the ends of jusdisposal of the Government. That the extermination of tice. He would give the right to the President, to authose atrocious robbers was due to the character of the thorize the exercise of such powers, under the circumcountry, to the cause of humanity, and to the rights and stances he would thereafter state. injuries of our oppressed citizens, was a sentiment in Mr. VAN BUREN said, that the views he had thus far which all concurred. We have, said he, the physical taken of the subject, brought him to the consideration power to effect it-we have the moral power--that is, of the immediate question before the Senate, the mothe right to do it, and the duty of its accomplishment tion made by the gentleman from Virginia to strike out rests upon us. If they differed, it could only be as to the third section, which authorizes the blockade of the the means to be employed, and the manner of their ap- Spanish ports upon the establishment of certain facts. plication. On that subject, he would submit his ideas Mr. V. B. said he fully concurred with the honorable with freedom, but with diffidence, and with an entire gentleman who had made the motion, in considering the willingness to yield to the views of those who were bet-measure the section contemplated as utterly unwarrantter able to judge. The Executive, in his message, had able by the law of nations, and (if that view of it could suggested three expedients, in addition to the other and be entertained) wholly inexpedient. Mr. V. B. said undisputed provisions of the bill, viz. "the pursuit of the that the two gentlemen of the committee who had pre"offenders to the settled as well as unsettled part of the ceded him, and the gentleman from Massachusetts, who "the island, reprisals on the property of the inhabitants, had last addressed the chair, (Mr. LLOYD,) bad attempt"and a blockade of the island from which the pirates is-ed to support the measure on various, but, in Mr. VAN "sued." The committee had adopted the first and last only.

Mr. V. B. said he complained of the provisions of the bill professing to give the right of pursuit, because it fell short of what it ought to be, and he was constrained, by obligations of the most imperative character, to oppose that which authorizes a blockade of the Spanish ports, as wholly unwarrantable. He would state the grounds on which his objection rested. The section confines the right to land and capture the pirates, to cases of fresh pursuit. That right existed to the full extent, by the law of nations, to which it was professed to be given by the bill, except, perhaps, the alternative of bringing the pirates to this country for trial, if they were captured in the inhabited parts of the Spanish territory. That such, too, was the opinion of our Government, would be seen on a reference to the instructions given to Captain Portar by the former Secretary of the Navy.

But a slight consideration of the subject was necessary to show that that opinion was well founded. Although pirates are not regarded as enemies in the sense in which we speak of the public wars of belligerants and neutrals, still, the inferences which have been drawn by the former Secretary, by analogy to the rights of a belligerant to follow his enemy in certain cases, into a neutral port or country, are founded in reason and good sense. That a belligerant has a right so to follow his enemy, is certain, but in what case can he (without fault on the part of the neutral) alone exercise this right-it is in case of eager pursuit, on account of some conflict or violence which has preceded and which is followed up, whilst the matter is warm. Otherwise, he has no right to seek his enemy in the port or country of his friend. So too, in regard to pirates, if a vessel is attacked by them, and in its defence, or if, knowing them to be such, and in a lawful attempt to arrest them, they fly any where, by land or water, you have a right to pursue

BUREN's opinion, untenable grounds. The gentleman last up had endeavored to do it in part on the score of the authority derived from the recommendation of the Executive, inferring from thence the opinion of his cabinet, composed, as it undoubtedly was, of men of learning and talents, in favor of the fitness of authorizing of blockades under the circumstances contemplated by the bill. The first we hear of the measure is from our agent at Havana; the next in the report of the Secretary of the Navy, accompanying the President's message at the commencement of the session, as explained by the Secretary in his letter to the chairman of our Naval Committee; and, lastly, in the suggestion of the President in his late message to the Senate.

Mr. VAN BUREN said that he had reason to doubt the correctness of the inference of the honorable gentleman; that he had accidentally been possessed of the knowledge, that at least one of the persons alluded to, and him whom the honorable gentleman possibly refer red to as the one who had spent a great portion of his life in the study of Grotius, Puffendorff, and Vattel, and other writers on national law, was not of the opinion supposed. But, waiving further remark on that head, what, said Mr. V. B. is the right of blockade? It is, said he, one of the highest acts of sovereignty which the law of nations allows to a belligerant, and, however well established the right is, its exercise is universally conceded to be most harsh and oppressive in its operation upon the rights of third parties of any that is contained in the code. By it a belligerant extends the hardships and sacrifices of war, from the parties concerned to their neutral friends, by interrupting their accustomed and otherwise lawful commerce. He does this when and where, on the coast of his enemy, he pleases, and to any extent his passions or supposed interests dictate, and his means can accomplish; all others must submit to it under heavy and well defined penalties.

Senate.]

Suppression of Piracy.

[JAN. 31, 1825.

that he would now state, in a few words, what the provi- | But, if, contrary to all expectations, they should refuse, sions were which he would substitute, for those of the bill; they were:

then the Executive could exercise the additional powers with which you invest him. To make these explanations, some longer time might be required than to obtain the evidence necessary to authorize this blockade

1st. Power to the President to authorize our forces to land on the Island of Cuba, in quest of the pirates, and there exercise all the power necessary to their suppres--but there would be time enough. sion, of which he had already spoken.

In the mean time, our forces in those seas would not be idle-they would act with all the means and authority they had in 1823-and if, after taking such steps, the Executive should authorize measures, which it is conceded might, and probably would, lead to a war with Spain-the nation would support, and all the world approve our course.

2d. Power to the President, on being satisfied of the facts stated in the section; or some other of a similar character, to authorize reprisals upon the commerce and property of the inhabitants of the Island, or by way of contribution on the places, participating in the pirati cal acts upon our commerce, or both, or in such other `form as those more acquainted with the matter should Mr. BARBOUR next took the floor. In rising again, prescribe. He would give this power to the President said he, the Senate will do justice to my sincerity when I now, because Congress must adjourn in a few days, not declare, that it is under a deep sense of duty. Standing, to meet again in nine months, and because, during that as I do, in relation to the Committee of Foreign Relaperiod, the exercise of such a power might become tions, whose humble organ I am, when its measures are indispensable, and he would leave that question to the severely animadverted on, and as I think, from their discretion of the Executive, by whom, he had no doubt, being misunderstood, I am compelled to speak. From it would be wisely and safely exercised. the commencement of my honorable friend from New In that exercise, he had no doubt every thing belong-York, when he arrayed all the enormities of which we ing to the subject would be regarded, and in connexion complain, and in glowing colors-when he proved that with that part of the subject, he would take the liberty the whole Island of Cuba was affected with this dreadof suggesting what, in his humble opinion, might be done ful crime, justifying the atrocities, and participating in with profit and propriety, by the Executive, previous to the plunder, when we had solicited, and in vain, the inthe exercise of the strong power with which Congress terposition of the mother country to stay the hand of her would clothe him. There was, said Mr. VAN BUREN, people from robbery and murder—when it was admitted not only something in the nature of the crime we seek that our measures, as at present employed, were into suppress, but in the place where our power is to be sufficient, I had hoped to have had the aid of his conexercised, which not only authorize us to ask, but may fessedly great powers in support of our measures, what perhaps be deemed sufficient to require that we should was my surprise and mortification to learn, that he was ask the co-operation of some, at least, of the other opposed to the whole, or, at least, to whatever is effipowers of Europe. From the present condition of Spain, cient in our bill. It is easy to make exceptions-to find depressed as she has been by her foreign and domestic fault. If our plan is not fit, what is his? With that we wars, and pressed almost to the earth by her late inglori- have not been favored. I beg his pardon: he proposes ous conflict with her own subjects, the question of her negotiation with Spain, France, and England, to permit ability to maintain her power in the Island of Cuba had us to take possession of some part of Cuba, and exercise for some years heen entertained. It was now, he said, municipal jurisdiction. Indeed! Pray when does he well known, that that circumstance, added to the extreme expect that Spain will give permission to a foreign powimportance of the Island to several of the powers of er over her transatlantic possessions? Upon what subEurope, and particularly to this country, had given rise ject can you excite her indignation more than this; to much jealousy among those nations in regard to it. relative to which she has always evinced the most morRumors of cessions, and apprehension of cessions, had bid sensibility; and I demand to know whether we are been frequently heard and entertained. Such was the to fold our hands together, and suffer our people to be jealousy of the inhabitants themselves upon the subject, plundered, and tortured to death, till Spain shall concede that when Captain Porter last arrived, orders were un- this privilege? How long will you wait on Spain, how derstood to have been given, refusing the admission of long submit to these injuries, beforeyou interpose? So his squadron into their ports, avowing, as the reason, far back as '22 we were called upon to protect our cititheir apprehension that his object was conquest. That zens from the horrors of piracy. In '25 we are advised was, however, explained by the present Captain Ge- to suspend our proceedings till we negotiate with neral, who knew, and was capable of appreciating our Spain. With Spain! How often has she been called on? motives. how often warned, if she did not interpose, we should be compelled to resort to our own resources? No-little has been received from Spain which has promised even an interference, and yet we are to wait negotiation. In the mean time, your people are given up to plunder and to death.

Is there not reason to apprehend that, if, without cousultation with England and France, the measures necessary to the entire extinction of this abhorred race, (on the assumption that Spain will do nothing,) may excite jealousies on the part of the Government to which he had alluded, that may lead to unpleasant embarrasments; and is there not, on the contrary, every reason to hope that on application made to them, they would cordially concur in uniting their exertions with our own, in a cause in which their interests and ours are identified? In conjuction with them, the Spanish Government might be addressed in a manner which could not fail of its effect. She might be told that she owed it to the world to suppress this odious practice; that her delinquency was palpable-that, if she desired its suppression, and had not the means to effect it, she ought to say so, and to consent to the occupation of such parts of her Islands as were necessary to that end. If she still refused, the necessary means might be used by the powers of which he had spoken, and a final end would be put to piracy. We have, said Mr. V. B., a right to count on their zealous and ready co-operation.

This will not do. If you like not our plan, give us one less exceptionable, but adequate to the crisis. Delude us not with promises-let us have the authentic act-let us see some protection afforded our suffering people-save your flag from violation-let it not be, as it now is, an inducement to outrage, rather than a shield of protection. But it is objected that the second section of the bill gives no new power; that the power therein granted already exists. Be it so, it does no harm. It confirms an existing right. Yet the authorities of Cuba deny this right. Your President, by asking it, among the means proposed for remedying the evil, must doubt its existence. Then give it. If we have it already, it barely is confirmatory; if we have it without law, this will confer it. Sir, I was struck upon this point with the facility with which gentlemen propose projects, which, according to my reading, are equally without