JAN. 31, 1825.] Suppression of Piracy. the pale of the laws of nations; nay, more so than our plan. They applaud their own, and condemn ours. My colleague proposes a war of extermination on the Island-the gentleman of New York, thinks this short of the occasion. He insists on taking possession, and exercising municipal jurisdiction. What proportion does the blockade bear to these measures? The breeze to a desolating whirlwind! Theirs embrace alike (if there be any such) the innocent and the guilty. The bill proposes an exclusive application of the force to the guilty. Decide between then. The difficulty in this discussion results from a confounding of the laws of warfare between civilized powers, and an effort against pirates. Between the former, the principles of international law are applicable-but in reference to the latter, they are without the law. Fastidiously to require the application of the principles of law to a set of brigands, who trample under feet all law, is a perversion. What is the case actually before us? A distant colony, under a nominal allegiance, but refusing obedience except when in coincidence with their feelings, to any measure directed by the mother country, has become a den of pirates. Exempting the mother country from their guilt, from her inability, (the foundation of this measure,) our measures are directed against the Islands, as the abode of piratical hordes. The measure of blockade is indispensable to their extermination; but, say gentlemen, declare war before you blockade—against whom? Spain? Why we have acquitted her of participation. To declare war against her would be unjust. Declare war against Cuba? Who ever head of a war against pirates? You declare war against Algiers, because, however imperfect the Government, you admit the existence of a Government, by treating with her. Indeed, a declaration of war presupposes the existence of a Government capable of the relations of peace, otherwise, the war is interminable. But, with pirates, war, in its technical form, cannot exist. You may hang them, but to declare war, or to treat with pirates, would be a degradation. This measure, therefore, released entirely from the principles of international law, is a mere instrument for the extirpation of pirates. But neutrals are to be affected. War-war, and all the dire chimeras are to ensue. Where are the neutrals? Neutrals in regard to pirates! There can be none. They are enemies of human kind, and all mankind are against them. It is matter of profound regret, to hear gentlemen of great capacity, and full of horror as they themselves state, against these pests, and which I do not deny, conjuring up difficulties which are the creatures of their own imagination, and yet suffer them to weigh against the cries and lamentations of the widows and orphans of the murdered. The difficulty of a prize question weighs down the loss of millions, and the murder of hundreds of our people. Sir, it is impossible that any civilized power can make cause of war, the occlusion of the den of murderers, for the purpose of their apprehension; but if, against all human calculation, it should be so, for one I am prepared to encounter it. Tell me not of possible collisions with other powers, without adequate cause. But show me the way by which to protect our citizens from plunder and from death. The latter I will travel, reckless of the consequences. Justice, necessity, are on our side; results may be committed to Heaven; but our character is implicated-the labor of fifty years are to be lost in an instant. The temple of glory, constructed by years of prudence and propriety, and whose dome is so lofty as to be seen in the most distant land, is to be undermined by this measure, and to tumble into ruins! This is, indeed, a grave view of this subject. But how is all this to be produced by an attempt to put down piracy by the only measure which can effect it? Sir, I will not make professions as to my zeal for the prosperity and glory of my country. No, sir; severe as the test is, and imperfect as I am, I am willing to abide the ordeal [Sen. & H. of R. of the rule; by the fruit ye shall judge the tree. If the character of the nation is at all concerned in what we shall not do, rather than in what we shall-if a band of ruffians is permitted, in sight of our shores, to practise these abominations with impunity-if the lamentations of the surviving relatives of the dead, and the well grounded apprehensions of the living-if the urgent remonstrances of our suffering fellow-citizens—if a violated flag, which awakens, or should awaken, the pride of every man calling himself American-if all this cannot arouse us, then, indeed, our character must sustain an injury; the vindication of violated rights against unprincipled ruffians, never can. History informs us that a British sailor, in the very waters now the theatre of these outrages, had been mutilated only, by the Spaniard. In his examination before the House of Commons, when asked what were his feelings in the hour of his peril, he replied, that he committed his soul to God, and his wrongs to the vengeance of his country. War was echoed through the Hall. But here, where hundreds have been consigned to an untimely grave, with every species of contumely, and every species of torture, we are deterred from the necessary measure of defence, from the difficulty of a prize case. The living and the dead invoke our aid. We cannot reanimate the dead, but we can avenge their wrongs; and we can save the living by timely interposition. Give the power to your Executive; if negotiation is indispensable to redress, it will be a stimulus to his exertions-if it be not necessary, it will become a dormant power, and without avail. If it be necessary, it will be quickened into active and beneficent operation. But, if you withhold, and occurrences should demonstrate its utility, where, during the recess, is the power to give it ? Grant it, it may be beneficial and can do no mischief; withhold it, it may cost us millions of property and the lives of hundreds of our fellow-citizens. Sir, withhold the necessary means, and what will be the effect? Think ye these brigands do not watch the course of our measures? Let them be told that, after years of suffering and of patience, instead of smiting, as with the besom of desolation, these scourges of our race, our Senate gravely propose to open negotiations with Spain in search of redress-and what is the inevitable result? Your conduct is equal to a proclamation to the refuse of all the world to embark in a scene of plunder, whose reward is tedious negotiation instead of the halter. The evil, you know, has risen to an alarming height already. Your policy of delay, and forbearance, and negotiation, is destined to swell the dreadful tide-vires acquirit eundo-of which thousands of our people will be the victim. Then, with unavailing regret, we may look back on the idle fears whose consequences shall have been so fatal. Make, however, your own election, as I have made mine. As it is my duty, so shall I endeavor to acquiesce cheerfully in your decision. On motion of Mr. HAYNE, HOUSE OF REPRESENTATIVES-SAME DAY. On motion of Mr. FORSYTH, of Geo., it was Resolved, That the Committee on Indian Affairs be instructed to inquire into the expediency of making an appropriation for the extinguishment of the Indian title to land lying in the state of Georgia, by purchases from those Creek and Cherokee Indians who reside within the limits of the said state. Mr. FORSYTH said, that the Message of the President on the civilization of Indians, communicated to the House last week, suggested the propriety of making an appropriation to comply with the obligations of a treaty which it was expected would be formed with the Creek Indians for a cession of land in Georgia. The H. of R. & Sen.] Suppression of Piracy. [JAN. 31, & FEB. 1, 1825. Secretary of the War Department stated, in his report though, without certain modifications, (which Mr. H. to the President, that the Creek Indians in Georgia were said he would take the liberty of suggesting,) he could desirous to make a cession, if the consent of the whole not bring his mind to vote for the clause, yet he should nation could be obtained. Mr. F. said his information be influenced in his vote by considerations entirely dif on this subject differed from that of the Secretary. The ferent from those which had been urged. He had no Creek Indians in Georgia were willing to make a cession scruples whatever on the subject of a blockade of the without the consent of the rest of the nation. The Ex-ports of Cuba, when the case should occur which should, ecutive doubted the propriety of making such a contract, in his opinion, make_that_measure indispensably necesbecause those willing to treat were only a part of the sary for the suppression of piracy. He would endeavor, tribe. It was with a view to obtain the expression of as briefly as he could, to put the question on what apthe opinion of Congress on this point that he had offered peared to him to be the true ground; the ground on this resolution. which we may not only safely act now, but on which we By referring to the statute book, it would be found might proceed in all our future measures on this subject. that two treaties, in 1816, had been made with portions The question is one of such vast importance, involving, of Indian tribes. The treaty of Fort Jackson was in fact to so large an extent, the property and lives of our felmade with a part of the Creek nation. A large portion low citizens, and touching so closely the honor of the of the nation were neither present, or represented, but country, that it could not command too much of the time were in fact at war with us when the treaty was made. and attention of the Senate, or receive too thorough an During the last session of Congress, a treaty was rati- investigation. He should, after the example of the genfied by the Senate with the Florida Indians: it contains tleman who had preceded him, consider the whole bill an additional article, made with six chiefs only. Mr. F. as open for discussion, and should therefore present his did not doubt that the President might have given, or views of the several measures it proposes, and endeavor might give, the power to Commissioners to treat with a to show their relative importance in the accomplishportion of a nation. That all doubt might be removed, ment of the great object which we all have in view he proposed a reference to the Committee on Indian Af--the suppression of the atrocious crime of piracy. fairs, and could not but hope, as there was now a mean Mr. H. said he would begin with the question of blockby which the extinguishment of the Indian title to land ade. The honorable gentleman from Virginia, (Mr. in Georgia could be obtained peaceably, and upon rea- TAZEWELL,) who had moved to strike out that feature sonable terms, that Congress would adopt it without in the bill, had told us emphatically that it was a meahesitation. He proposed to procure, from the War De- sure of war; while his colleague, the Chairman of the partment, by a resolution which he should presently Committee of Foreign Relations, (Mr. BARBOUR,) inoffer, the documents necessary to enable the committee sists that it is a measure of peace-peaceful in its char to act on the subject. acter, as well as in its objects. The character of the measure seems to be the only point in issue, between the friends and opponents of the bill. But, sir, said Mr. H. Resolved, That the Secretary of the Department of I will submit that this is not the true question; the meWar be, and he is hereby, directed to lay before the rits of the particular proposition cannot depend on the House a copy of the report of the Commissioners ap-name by which it may be called. If the blockade of the pointed by the President to treat with the Creek Indians ports of the Island of Cuba be the only means of affordfor the extinguishment of their claim to land lying in ing to the commerce of the United States that protecthe state of Georgia, of the journals kept by the said tion which it has a right to receive at your hands; if the Commissioners, and the correspondence respecting the monstrous and desolating crime of piracy cannot othercauses that have prevented them from effecting the ob-wise be effectually suppressed; then the measure beject of their appointment; also, a copy of all the letters written to the Creek Indian Agent on that subject, from the Department of War. Mr. FORSYTH then offered the following, which lies one day: [This resolution was adopted on the day following.] IN SENATE-TUESDAY, FEBRUARY 1, 1825. SUPPRESSION OF PIRACY. comes just and necessary, and must be resorted to whether it be a measure of peace or of war. The gentle. man from Virginia seems to take it for granted that, when he proves that a blockade is a belligerant measure, he has proved enough, and that it follows, as a matter of course, that it is inexpedient and unjust; nay, that it will even impair the moral character of the Government and the people of the United States. The Senate again proceeded to the consideration of the bill for the suppression of piracy in the West In-cording to my view of the subject, a blockade is an act I am disposed, said Mr. H. freely to admit that, acdies; the motion to strike out the third section, (which authorizes a blockade of the ports of Cuba,under certain circumstances,) being still pending. Mr. HAYNE, of South Carolina, rose, and said, that, as he could not entirely concur in the views which had been taken of this subject by either of the gentlemen who had spoken, he would ask the indulgence of the Senate in stating the principles on which he was disposed to act in the suppression of piracy. When this ques tion of blockade was first suggested, Mr. H. confessed that it had excited scruples in his mind, in respect to the principles which it seemed to involve, and these scruples had certainly not been diminished by the learned and ingenious arguments of the gentleman from Virginia, (Mr. TAZEWELL.) He was constrained to confess, that the magic wand of that gentleman's eloquence, by which he gave, at pleasure, any form or hue to the subjects which he touched, had exerted its influence on his mind and his feelings. A more deliberate examination of the subject, however, had dispelled the charm, and convinced him that the proposed measure, involved no sacrifice of principle, and of war. to dissent from the proposition, laid down with so much It may [Senate. also be affected; but the effect upon them is altogether half century would show numerous instances of the reincidental, and consequential, and it is suffered only be- dress of national wrongs by reprisals, and the partial excause the belligerant cannot otherwise destroy the trade ertion of force, without general hostilities. Our French of his enemy. Look at the practical operation of the war, as it is called, was an example of this. The pracblockade proposed by this bill? Is it true that it would tice of nations also, for the same period, would show, have no effect upon Cuba," the guilty party," but only that declarations of war were not considered as indis(in the language of the gentleman from Virginia,) on pensable. Look at the practice of England in these rethe innocent and unoffending neutrals?" It is true that spects. In 1748, she captured the L'Alcide, and the a blackade would, of necessity, cut off some of our trade Lys, without any declaration of war. In 1664, she capwith Cuba, as well as that of France, England, Russia, tured a Dutch fleet in the same way, and subsequently, Holland, and the other nations of the earth. But, at the off Cape May, took four Spanish frigates, under similar same time, you would deprive Cuba of her trade with all circumstances. But, said Mr. H. I will not fatigue the the world, and would therefore affect her to at least ten Senate by multiplying instances. Every nation of Eutimes the amount that you would affect any other power. rope had, in a majority of cases, made war without a The object of the blockade, then, is directly to affect declaration. Indeed, it was more usual to resort to ma Cuba, and it is no objection to the proposition (provid- nifestoes after a war, than declarations beforehand; to ed the measure be in itself just and necessary,) that it resort to particular acts of war, than to general hostilimust also operate against neutrals. ties. The writers on the law of nations had, indeed, laid down the rule that a declaration ought to be first made; nay, that time and due notice should be given to the enemy. But these rules were seldom observed. Even Bynkershoek, one of the soundest writers on the laws of nations, had allowed, "that, after satisfaction had "been demanded and refused, a declaration of war was not required by the law of nature or of nations.' Taking blockade, then, to be an act of war, what is the true question which we are called upon to decide ? | It is, whether such a measure is called for by the circumstances of our present situation. But here it is objected that, if this blockade be an act of war, it must be preceded by a formal declaration of war against Spain, and be followed by general hostilities. But this does not appear to my mind, said Mr. H. to be absolutely neces sary. And here I will suggest a distinction between an act of war, and general hostilities. No one can doubt that, to march an army into an adjoining territory, to attack and capture a town, is an act of war. During the siege or investment you would claim and lawfully exercise all the rights of war, and yet such a capture might, under certain circumstances, be lawfully made, without a declaration of war. Suppose an armed force to issue from adjacent territory, from Canada, for instance, and to devastate our frontier and kill our people, taking refuge in a town or fortress on the other side of the line, and that the British Government, (as Spain has done on the present occasion, refused to interfere-can any one doubt that we would cross over and capture the place? Now this would be an act of war, and yet it need not be accompanied by a declaration of war against Great Britain--nor would it necessarily be followed by a general war. 66 I will only further notice, said Mr. H. the attack by Great Britain, upon Copenhagen. Great Britain did not declare war against Denmark, but she sent a powerful fleet, which blockaded the harbor of Copenhagen, besieged the town, interrupted the access of neutrals, and finally captured the Danish fleet. Here was an act of war-here was force, siege, and capture, which did not even lead, in its consequences, to a general war. I know, said Mr. H. that this act on the part of the British Government, has been universally reprobated. But the odium which rests on the transaction has arisen from the belief that the British Government took advantage of the weakness of Denmark to spoil her of her fleet. If the grounds taken by the British Government, however, were founded in truth, will it be said that they would not justify an act of war? They alleged that Denmark had made terms with the enemy; that her fleet was destined for Bonaparte; and that a public declaration of war would only have hastened an event already determined on. Suppose these facts to be known to the British Government, and she would have been justified in seizing the Danish fleet. Every resort to force by a power that has authority to make war, is an act of war. Nay, the definition of war, by the writers on the laws of nations, is "the prosecution of a nation's right by force,"—by force, either partial or But, said Mr. H. if this blockade be a war measure, and general; by force adequate to the object, and applied a declaration be necessary, he would submit to the genhow and when, and where, the circumstances of the tleman whether the act of Congress which enjoins it, may particular case may require. When you make war, you not be considered as a declaration, sufficient to satisfy may carry it on either by general or by partial operations; the most fastidious advocates of form. The gentleman and the latter are always to be preferred where they from New York, (Mr. VAN BUREN,) had yielded the can accomplish the object. All measures of forcible re- whole question when he stated that he was willing, withprisals: all levies of contributions, are acts of force-in-out war, to invade, and occupy a portion of the island of deed of war, or they must constitute acts of plunder; and yet they are seldom accompanied by a formal declaration of war. Suppose, said Mr. H. on the occasion of the attack on the Chesapeake, (one of the deepest wounds the honor of this country had ever received,) the gallant officer to whose command was confided the disgraced ship-the ever to be lamented-the incomparable DECATUR, had been ordered, he would not say by the President, but by the sovereign authority of this nation, to wipe off the foul stain by bringing into our ports a British frigate, and he had happily executed those orders, would not that have been a war measure? and yet, who would have contended that we had become pirates, and had put ourselves out of the social relations of nations, by making a capture without a declaration of war? With respect to declarations of war, Mr. H. said, he would consider it unfortunate for the cause of humanity, if the law of nations required that they should, in all cases, precede acts of hostility. The history of the last Cuba. He protests against a blockade of the Havana, because, should we attack a neutr 1 vessel, forcing the blockade, " war would, thereby, exist between you and the nation to which she belongs" but he would capture, and hold the Havana, without war. What then is to become of neutral trade to that port? Surely, if you have a right to besiege, and capture, you have a right to blockade. The greater power must include the less. Nor would such a blockade, as is here proposed, have any affinity to the paper blockades, of which we have so often complained. The proposal is for an actual investment, and such an investment Mr. H. would consider as attended by all the incidents of blockade. Mr. H. was much mistaken if Sir William Scott had not frequently held, that an actual investment, a blockade, de facto, was all that neutral nations had a right to look to; and, if he was not very much mistaken, that great judge had, in one case, the blockade of Monte Video, by Sir Home Popham, in 1807, refused to hear evidence of the illegality of the blockade, it being admitted that the Senate.] Suppression of Piracy. place was actually invested by the public ships of Great Britain. [FEB. 1, 1825. in detail, the depredations committed on our commerce by pirates, who found refuge in Cuba, and other Spanish Islands in the West Indies, detailing the nature of their proceedings, and the protection afforded to them by the subjects and officers of Spain. No notice was taken of this remonstrance. It was renewed on the 23d of January, and on the 3d of February, but the Spanish Government remained as cold and silent as the grave. On the 7th of September, Mr. Nelson, for the last time, brought the subject to the view of the Spanish Government. Language is incapable of making a stronger appeal. He states our grievances; tells the King" that the patience of the American Government had been tried to the fullest extent of sufferance, and that the time is at hand when we must resort to measures of a more efficient character." This representation has also been treated with the most sovereign contempt. By this conduct, the King of Spain has refused us redress; he has adopted the acts of his officers, and made himself responsible for the injuries of which we complain. The Romans, from whom we have borrowed so many of our principles, civil and political, had a custom, on this subject, worthy of much commendation. By their Fecial law, the Pater Patratus, or Chief of the Heralds, was s nt to demand satisfaction for injuries, and if, in thirty-three days no answer was returned, the Gods were called to be witnesses of the wrong, and war was forthwith declared. Now, I do contend, that the conduct I have detailed gives us justifiable cause of war. But we are gravely told, that all this arises from the weakness of Spain, and that this cannot furnish just cause of war. What! shall the subjects of Spain be suffered to depredate on our property, and murder our people, and shall we be told that we must submit to this because Spain is weak? Sir, Spain either can prevent these outrages, and wants the inclination to do so, or she is unable to prevent them. In either case, our right to protect ourselves is complete. 1 consider, this blockade, then, said Mr. H. as a mea. sure of force: as putting us into a belligerant attitude, in relation to Spain, and as giving us belligerant rights, as far as we may think proper to exercise them. And now, sir, I will go a step farther, and contend that we have just cause of war against Spain; and, though this may be a war measure, yet there is nothing to restrain us from taking it but our own interests or convenience. The facts, as disclosed by the documents on our table, are, that the Island of Cuba is occupied by pirates; that, from their secure asylums on shore, they issue forth, and attack the defenceless merchantman, murdering the crew, and converting the property to their own use; that these depredations are committed by men known to the Spanish authorities in Cuba, and suffered with impunity to live in their cities, and openly to sell their plunder. I will advert, for a moment, said Mr. HAYNE, to a few facts, to show the extent of this practice and the protection afforded to the pirates by the officers of Spain. The documents on our table show, that, from July to October, a period of less than four months, there were no less than twenty-three vessels captured, and plundered by the pirates-manned, by not less, certainly, than two hundred seamen, of whom scarcely one escaped to tell the tale. When the gallant Captain Graham, of the British sloop of war Icarus, rescued from the hands of the pirates, the Henry, of Hartford, he found twelve merchant vessels in their possession, the crews of which were no where to be found. When the pirates were asked what had become of them, we are told that "they shrugged up their shoulders, and were silent." These merchant vessels, says Captain Graham must have been navigated by at least one hundred and twenty menand it is obvious they had all been murdered. Mr. HAYNE would not attempt to describe the horrors which must have attended the scenes transacted by those fell mur derers on the bloody decks of our defenceless merchant vessels. Among the garments, pierced through with holes and stained with blood, were some which had belonged to innocent and defenceless females. Language was inadequate to depict the condition of those who were exposed to the mercy of these fiends in human shape, A nation which has just cause of war, is not bound to whose usual practice it was, first to torture, and then to go to war. That is always a question of prudence for slay their victims, in the solitude of night, when there the nation itself. Now, sir, though I am convinced of was no ear to hear their cries, no heart to pity, and no the right of this Government to go to war, I am of opinarm to save them. "It is painful, (says Mr. Randall,) to ion that the object which we have in view, to wit the "reflect on the numbers who may have fallen victims suppression of piracy, may be attained at less expense; "to the same fate, but whose tragical stories are buried and, therefore, that it is our duty to ourselves to post"in the ocean with their mangled bodies.” Now, sir, pone a measure which should never be resorted to, but said Mr. HAYNE, it is proved that not only the inhabi- under the last necessity. A blockade of Cuba must detants of Cuba, but the authorities wink at these acts-stroy, not only our own trade with that island, but it must nay, they share the plunder, and the Captain General himself, when a case was brought before him of plundered property deposited in Regla, inquired just so far as to ascertain the truth of the charge, and then declared "that, as he feared all Regla would be found to be implicated in the robbery, in the present disturbed and critical condition of the Island, he dared not push the investigation further," or, in more plain terms, "I will not, because I dare not, grant you redress." But it may be said, that the Captain General of Cuba is not the Sovereign of Spain, and that our redress is to be sought for from the King. Well, sir, we have ap pealed unto Cæsar. We have represented these matters to him in language as strong as is at all consistent with the rules of diplomacy, and a becoming self respect. We have made these representations over and over again, and to this very hour he has never even condescended to give us an answer of any sort. By referring to the correspondence of Mr. Nelson, our Minister to Spain, it will appear that, on the 10th of January, of the last year, he made a strong and formal remonstrance to the Spanish Government on this subject, setting forth, But, said Mr. II. though I contend that there is just cause of war against Spain-war, in any shape, which may suit our convenience to wage; yet, I admit that there is still another weighty consideration, viz : Is it indispensably necessary? destroy the trade of all neutral nations, and these would be evils of great magnitude. Should the honor of our country, and the protection of the property and lives of our fellow citizens require this sacrifice, why, then, sir, let it be made. God forbid that we should consent to weigh profit against honor, or that the glory of our flag, or the lives of our citizens, should be thrown into the same scale with pounds, shillings, and pence. But this trade is too important to be lightly jeopardized. It appears, from documents submitted to this House at the last session, that the amount of our annual import from Cuba is near eight millions of dollars: that our exports amount to near six millions: making, together, a trade of thirteen millions of dollars, employing upwards of one hundred and seventeen thousand tons of American shipping, and between four and five thousand seamen. This trade, too, consists in the exchange of articles which we can best spare, chiefly our bread stuffs und lumber, for those which are most essential to the comfort of our people. The interruption of it would be most severely felt by the poor, who would be deprived of the little luxuries which spread cheerfulness around their FEB. 1, 1825.] Suppression of Piracy. [Senate. fire-sides. The trade of Great Britain and France, of far between," afforded the only protection which our Holland, Sweden, and Russia, with these islands, is commerce received, if we are to rely on the documents equally important, and entitled to great consideration. on our table. The pirates, said Mr. Randall, boasted Now, said Mr. HAYNE, my opinion is, that piracy may be" that they had nothing to fear." I beg leave, said Mr. suppressed without resorting to a blockade, so injurious H. to read one or two passages from the letters of Mr. in its consequences to the commerce of the world. I Randall and Mr. Mountain, which seems to set this matagree that piracy must be suppressed. I acknowledge ter in a very strong light. that the conduct of Spain gives her no claim for forbearance on our part. I have no scruple to a war measure, and of calling it so in plain terms, if it be necessary. But I do not believe that necessity now exists, and at all events, I am disposed to make a fair experiment on the subject. I am, said Mr. H. a lover of peace. I believe it to be the interest of the United States to remain at peace with all the world. A few years will pay all our debts, and double our resources and our strength. I would therefore avoid war, on our own account, as long as it can possibly be avoided with honor. Now, I think it can be proved, from known facts, as well as the documents before us, that piracy in the West Indies can be suppressed by the vigorous, energetic, and unceasing efforts of a competent naval force, having authority to land and to pursue the pirates into the settled as well as the unsettled parts of the country. It will be recollected, said Mr. H. that, at the last session of Congress, the report of Com. Porter was submitted to us, in which he stated, in substance, that piracy had been suppressed-" their boats burned and destroyed, and the pirates killed or driven ashore." Mr. Randall, in his letter of the 6th of Sept. says"It is also, in my opinion, necessary, that the force employed should be always present, with an undivided view and attention to this business. Their occasional absence on other duties, materially impairs their efficacy. Their operations against the pirates should be consecutive and unremitting. It has been found that occasional visits to suspected places, by different vessels, and at long intervals, produce no serious impression on the pirates. "I cannot but lament, however, the causes, (sufficient, no doubt,) which have induced the withdrawing of so large a portion of the force. Recent events here have proved, that, if this was induced by the supposition that piracy was effectually put down, or that the force left was adequate to restrain it, the opinion was erroneous, and its consequences deplorable.' And again, in his letter of the 31st October, Mr. Randall says, For a consid any permanent impression on the system. "It is here a matter of common observation and complaint, that the anti-piratical squadron has effected nothing against the pirates, commensurate with its numbers The Secretary of the Navy was so fully convinced that and force, during the last six months. This has not been piracy was suppressed, that he stated it was only neces- owing to the want of zeal, of enterprise, or courage, on sary in future "to watch them." The facts supported the part of our officers and seamen actually engaged in this opinion: piracy was suppressed, though the pirates this pursuit, but to their diversion to other objects, inhad not been rooted out. This state of things continued compatible with the efficient performance of this highly up to the beginning of last summer, when it appears, important service. Since the spring, the vessels have from the documents before us, that Commodore Porter, been dispersed on various services remote from this being fully convinced that piracy was suppressed, re- island, which they have merely made a touching point turned home, and the fleet was detached on various" in transitu," without remaining long enough to make duties, leaving a few small schooners, which could not remain long at sea, to watch the shores of Cuba. I beg, sir, that I may not be misunderstood; I do not mean to cast any censure on any officer of the Government, much less to pluck a single leaf from the wreath which encircles the brow of the gallant Porter. Sir, the country owes him a debt of gratitude for the addition he has made to our naval wealth, which I shall never forget. But I am constrained to state my conviction, that an erroneous opinion of the complete suppression of piracy; an opinion not confined to Commodore Porter, but pervading all classes of the community, by occasioning the Mr. Mountain, the American consul, holds the same diversion of the force, led to "the revival" of the prac- language: "It is too true, says he, that our commerce has tice. When the United States' schooner Jackall arriv- not been protected on this side of Cuba, since early last ed in Norfolk, early in the summer, she reported, that spring. Our men of war have occasionally been here, "for three months no act of piracy had been heard of;" and off here, on their way to and from the ports of Mexiand so confident were our officers that we should hear co," &c. Now, sir, said Mr. H. is it not fair to conclude no more of piracy, that when Lieut. Skinner's account that, if piracy ceased to exist while the force was kept reached the United States, an article was published in a constantly on the coast, and if it broke out as soon as paper in this city, in the nature of censure on that officer, their presence was withdrawn, that an investment of the for creating a false alarm; stating "that there was not island of Cuba by a still larger force, kept constantly emthe least doubt that the accounts of piracies were exag-ployed in that service, with a vessel anchored in the hargerated." It has been shown, sir, that all the cases disclosed in the reports of Messrs. Randall and Mountain, took place after the withdrawal of the force from Cuba. In Mr. Randall's letter of the 1st July, he tells us "that there were pirates lying off Matanzas, but there was no vessel of war of the United States there." On the 5th July, he writes, "that the absence of our cruizers had emboldened these men to renew their piracies." On the 14th July he writes, "that the Grampus had arrived off the Havana, on the 7th, from the coast of Mexico, bound to New York." On the 12th the John A lams arrived, to sail this day, (14th,) or to-morrow, from the Bay of Mexico, bound to Philadelphia. In short, Mr. President, these occasional stoppages, in the course of other voyages, "like angel visits, short, and VOL. I.-26 "The temporary cessation of piracies some time before, caused by the presence of a large force on the coast, seems to have induced a delusive and fatal opinion that the evil was extinguished, and to have led to the diversion of too large a portion of the force, to objects of infinitely less pecuniary, and of scarcely any national importance." bor of Havana, and another at Matanzas, will suppress the practice entirely? The sloops of war will be much more efficient than the worthless schooners now employed on that service, not only on account of being able to remain longer at sea, but because they can carry a number of barges, for service near the shore. Let, then, said Mr. H. the experiment be fairly tried, and if it fail, it will be time enough to blockade or seize the city of Havana. The right to follow the pirates on shore, Mr. H. also considered as a material means for the accomplishment of the object. He could not concur with the gentleman from New York, (Mr. VAN BUREN,) that we had a right to pursue and take a felon, even in the Halls of Westminster. Where a Government exists, you must appy to the Magistrate, and nations were not in the habit of |