,^ 
 
 •a? ^<v 
 
 <^ 
 
 
 
 .0' 
 
 o. 
 
 
 i ,-0- 
 
 
 'V^.v''^ 
 
 
 
 
 
 
 ,4. 
 
 
 2. ^^ 
 
 ^^. 
 
 
 
 
 ..0 -> 
 
 
 
 O > 
 
 
 /'. 
 
 .*' V 
 
 
 «f 
 
 °'y^#.-"./ \ 
 
 1^ » .-,-77 » 
 
 ■-^^^ 
 
 
 ^0 
 
 . "^.-l 
 
 
 CO, 'Q 
 
 
 
 
 ^"-■*-. 
 
 
 ,>l" 
 
 
 
 
 
 
 4 o 
 
 
 Sc- 
 
 v<> A ' 
 
 
 
 'K 
 
 
 -v^ 
 
 
 /L. o 
 
 
' o . S \* 
 
 < 
 
 °o 
 
 v-J^^ , ^ '" . ^^. 
 
 
 -y- 
 
 ^oV" 
 
 
 ^Ov-^ ■.i:m^-^< 
 
 
 .0 
 
 :<>o 4: 
 
 V 
 
 '^^.^'' yMk^ \/^ /Jte'^ ^.^'^ 
 
 o *' V^ s * A 
 
 
 > . t^ .; c 'P 
 
 
 ^O 
 
 A' 
 
 'bv" 
 
 -'f^^. 
 
 > 
 
 
 V 
 
 
 •p- 
 
 c"^* 
 
 V„ 
 
 K^ 
 
 1^ 
 
 ^' 
 
 
 
 
 
 
 o V 
 
 
 
 
 . '"% ^^^ym^ /\ ^^^^, /^--' ' .^/ . 
 
 ^.^•- "f* 
 
 
 
 ^^-V. 
 
 
 Z'jyy^,^^ \'-^?ffc^>^ V^-^fTf'^^G^ \'^^ 
 
 
 ■*A0< 
 
 ^' % ■'■■ 
 
 ^ * o « ' O,^ 
 
 
^s? 3ESSip©^ii^a©: 
 
 FACTS AND CIRCUMSTANCES 
 
 WHieH JUSTIFIED THK 
 
 EXPEDITION TO FOXARBO. 
 
 AND 
 
 THE COjYSEQUEKCES THEREOF, 
 
 TOGETHER 
 
 WITH THE FROCEEDINGS 
 
 OF THE 
 
 COVSIT OF XSJaUI]ftY THEREON, 
 
 HELD BY ORDER OF THE 
 
 HON. SECRETARY OF THE NAVY. 
 
 BY U>^ PORTER. 
 
 DE HOC MULTI MULTA, OMNMS ALIQUID, NEMO SATIS. 
 
 EXTREMIS MALIS, EXTREMA UEMEDIA. 
 
 VTASHIiraTON : 
 
 IRINTF.I) BY DAVIS & FORCE, (FRASKLIN's HEAD,) 
 PENNSYLVANIA AVENCE. 
 
 18-25. 
 
 fi:^y i 
 

 DEDICATION 
 
 To JOHN QUINCY ADAMS, 
 
 PRESIDENT OF THE UNITED STATES, 
 
 This humble effort to vindicate my conduct and 
 character is most respectfully Dedicated by his very 
 obedient, 
 
 And faithful servant, 
 
 D, PORTER. 
 
 Washington, Mai/W, 1825. 
 
OCT 2 1958 
 
JlBrERTISEMEJHT^ 
 
 The reader will bear in mind that when I was re- 
 called from my command, to account for the affair 
 at Foxardo, I pledged myself to justify it. By the 
 conduct of the Court, to which the subject was re- 
 ferred for investigation, I was driven from its pre- 
 sence, and prevented from making the explanations 
 on which I founded my justification. Therefore, to 
 redeem my pledge, I submit the following sheets. 
 
 D. P. 
 
EXTEDITIOX TO ¥OXaTll>0. 
 
 (Copy.) 
 
 Washingtok-, Marrhlst, 1825, 
 ritR : I have the Isonour to inform you, that, in obedience 
 to your orders, I have come to this place, and I now await 
 your further directions. 
 
 With the greatest respect, your obedient servant, 
 
 (Signed) D. PORTER. 
 
 Hoii. Samtel L. Southard. 
 
 (Copy.) 
 
 Washington, March 2d, 1825. 
 Sir : Having this day seen in a print several letters fronj 
 Mr. Thomas Randall and Mr. John Mountain, communicated 
 through the State Department to Congress, and highly inju- 
 rious 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 injurious remarks they have 
 elicited on the floor of Congress. 
 
 I have the honour to be, with great respect, your obedi- 
 ent servant, 
 
 (Signed) D. PORTER. 
 
 Hon. Samdbl L. Socthard. 
 
 (Copy.) 
 
 Washington, March 8lh, 1825, 
 
 Sir : The officers named in the enclosed list, will be ne- 
 cessary as witnesses, to enable me to repel, in a suitable man- 
 ner, the foul charges of Mr. Thomas Randall, and Mr. John 
 Mountain, and the injurious insinuations and assertions on the 
 floor of Congress, against myself, and the oflicers under my 
 command. 
 
 Understanding that vessels having some of them on board 
 are about sailing, I beg that they may be detained, provided 
 ^itean be done vvithout injury to the [)ubiic service. 
 
 1 have the honour to be, your obedient servant, 
 
 (Signed) D. PORTER 
 
 Hon. Samitf.i. h. SoffTUAiiri. 
 
6 
 
 t'liptains. — Stephen Cassin, i\Iex. Dallas, Wm. B. Finch, L. 
 
 Kearney, T, H. Stevens. 
 Lieutenants. — C. W. Skinner. J. T. Newton, F. A.Gregory, 
 
 Silas Duncan, J. P. Zantzinger, Bell, C. 
 
 Boannan, R. V'oorhees, C, R. Stribling, D. G. 
 
 Farragut, J. G. Baughan, F. A. Thornton, Purser. 
 
 (Copy.) 
 
 V/AsniNCTON, March I6lh, 1824. 
 
 Sm : U IS now s-ixtcen tla3's since I had the honour to re- 
 y)ort to you my arrival here, in obedience to your order oi 
 the 27th December, and I have anxiously since awaited your 
 further instructions. 
 
 I am aware, sir, of the interruptions the recent changes in 
 govornment and other circumstances have occasioned to the 
 transactions ofpublic business, and however irksome and uncer- 
 tain may be my present situation, and whatever anxiety I may 
 feel on the occasion, it is not my wish to press on the Depart- 
 ment my own atfairs, in preference to those of greater impor- 
 tance. I cannot, however, help requesting that there may 
 be as little delay in the investigation of my conduct, both as 
 regards the affair of Foxardo, and the statements of Mr. Ran- 
 dall and 3Ir. Mountain, as is consistent with the public inter- 
 ests. 
 
 The state of ignorance and uncertainty in which 1 have 
 been kept, a? to the intentions of the government, and the 
 desire of vindicating myself to the government and the pub- 
 lic, and relieving myself from a species of suspension and 
 supposed condemnation, must be my apology for now troub- 
 ling you. 
 
 Officers continue to make to me their reports, and to re- 
 quest of me orders. Not knowing whether the Department 
 still considers me in command of the West India squadron, 1 
 have been at a loss how to act. Will you be jjleased to in- 
 struct me on the subject. 
 
 I have the honour to be, with great respect, your obedient 
 servant, 
 
 (Signed) D. PORTER. 
 
 Hon. SAMCEL L. Sol'TUARU. 
 
 (Copy.) 
 Navx Department, lUh March, 1825. 
 
 Sin : It h;TS become my duty to apprise you of the deter- 
 mination oj' the F.xecutive, that a Court of Inquiry will be 
 
formed, as soon as circumstances will permit, to examine into 
 the occurrence al Foxardo, which was the occapion 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 Capt. 
 Warrington to the West Indies, to relieve you from the com- 
 mand of the squadron there. 
 
 I am, respectfully, &c. 
 
 (Signed) SAML. L. SOUTHARD. 
 
 Com. David Porter, U, S. J^avi/, praent. 
 
 (Copy.) 
 
 WaSbiivgton, Jlpril Itith, 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 of December have placed me. Yon 
 will recollect, no doubt, that they required me to repair to 
 this place, without unnecessary delay, to explain my condnct in 
 relation to the Foxardo affair. From this positive injunction, 
 they deprived me of the opportunity, without taking on my- 
 self great responsibility, of obtaining, by personal application, 
 the written testimony necessary in the case ; not knowing the 
 cause which influenced you in urging my recal so speedily, 
 and not wishing to have unnecessary delay ascribed to 
 any wish on my part, the day of my arrival here, (the 1st of 
 March) I reported to you my attendance on your further or- 
 ders. No notice being paid to this report, after an interview 
 had with the President, I again addressed you at his sugges- 
 tion, on the 16th of the same month, and on the same day I 
 received your letter, apprizing me, that, by the determination 
 of the Executive, a Court of Inquiry would be formed to ex- 
 amine into the occurrence at Foxardo, as well as the charges 
 of Mr. Randall, so soon as circumstances will permit. 
 
 Since that time I have waited patiently your convenience, 
 regardless of the anxiety and importunity of my friends, not 
 wishing to press my business on you to the exclusion of mat- 
 ters which might now appear to you of more importance to 
 the public interest, than the investigation of my conduct in 
 the Foxardo affair, or the charges against myself and others, 
 as contained in Mr. Randall's statements. I must beg leave 
 to observe to you, however, that the manner of my recal 
 proves, that at the time your order of the 27th December 
 was issued, the investigation of the affair which caused it, was 
 considered of great national importance, and a note subsequent- 
 
8 
 
 \y receivGil 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 hei; leave to observe, that whatever opinion may 
 be entertained now, the punishment to me is none the less on 
 account of the change, if any change has taken place. The 
 afl'air of Foxardo was the occasion of my recal — the affair of 
 Foxanlo 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 punish and de- 
 j^rade me, before any complaint against me, before trial, and 
 before I was called on for an explanation. 
 
 If, Sir, opinion is changed ; if, by information since re- 
 ceived from other quarters, you have been induced to be- 
 lieve that the public interfst do not require so much haste in 
 the investigation as you at first supposed, it would seem but just 
 that my own anxieties, and the anxieties of those whose peace 
 of mind I regard, and good opinion I highly respect, should 
 be relieved, by some intimation of your intentions, with re- 
 gard to me — that there should be in fact some relaxation ia 
 the severit}' of the course adopted towards me. 
 
 It is with reluctance that I trouble you with any complaint, 
 whatever, but 1 feel that I should neither do my duty to my- 
 self, to what I owe to others, and indeed to the service to 
 which i belong, if, by a longer silence, 1 gave reason to be- 
 lieve that I acquiesced in a course of conduct towards me, 
 which, when a full investigation takes place, and all the facts 
 are known, fe»v, 1 think, will acknowledge is founded on 
 justice. 
 
 The Executive, it appears, has decided that a Court of 
 Inquiry shall be onlered to investigate my conduct. Why 
 then deprive me of the opportunity of making my explana- 
 tion, by delaying the execution of the Executive will? Up- 
 wards of six weeks have elapsed since 1 reported my arrival 
 here, and, as yet, I only know the determination of the Exe- 
 cutive. 
 
 The time when, the place where, and by whom the inves- 
 tigation is to be made, are unknown to me. No definite 
 period is fixed on for the holding of the Court, and 1 therefore 
 most respectfully ask, what is your determination with re- 
 spect to me ? that I may know what course of conduct it 
 would be proper for me to pursue. 
 
 I have the honour to be, your obedient servant, 
 
 (Signed) D. PORTER, 
 
 lion. Sam'i. L. Sovthakd. 
 
9 
 
 (Copy) 
 Navv Department, j1pril20lk 1825. 
 
 iSiR : Enclosed you will receive a copy of the precept, 
 which has been issued foi- a Court, to make the Inquiry, in- 
 f^tituted by the Executive, into your conduct at Foxardo. — 
 You will perceive that the same Court is also directed to 
 make the Inquiry which has been granted at your own request. 
 
 In your letter of the 13t.h instant, which has been received, 
 it created some surprise to find the declaration, that the " pos- 
 itive injunction " in the letter from the Department of the 
 37th December, 1824, to "• proceed, without unnecessary de- 
 lay, to this place," " deprived you of the opportunity, with- 
 out taking on yourself great responsibility of obtaining, by 
 personal application, the written testimony necessary in the 
 case." By referrmg to that letter, you will find that you are 
 expressly charged to •' bring with you those oflicers whose 
 testimony is necessary, particularly Lt. Flatt ; and such writ- 
 ten evidence as you may suppose tiseful," for the " full in- 
 vestigation," which it was declared the importance of the 
 transaction demanded.* 
 
 No change has taken place in the views of the Executive, 
 either as to the necessity or character of the investigation, 
 and any delay which has occurred in proceeding with it, must 
 be attributed to other causes. 
 
 In relation to that part of your letter, in which you say, 
 "the aflair at Foxardo was the occasion of my recal ; the af- 
 fair of Foxardo was the occasion of my being disj)laced from 
 my command ; it is that affair which now keeps me suspend- 
 ed from the exercise of my official functions," it is proper to 
 remark, that although that affair was the immediate cause 
 of your recal, yet you are not ignorant, that it was the pur- 
 pose of the Department to recal you from that command for 
 other reasons, as soon as it was found convenient to substi- 
 tute a competent officer in your place,! a purpose only pre- 
 vented by this transaction, which intervened previously to its 
 execution. 
 
 * Those acquainted with the Geograpliy ofllieWest Irnlif-, nerd not 
 be informed tliat it requires more tiaie to go from Tliotiipaon's Island, 
 where the Secretary's orders fouiid nie, to St. Thomas's where Lieut. 
 I'latt was, and where the documents were to be obtained, than to come 
 from Thompson's Island to the United States. The j)iil)lic, therefore, 
 will be able to judge whether I should have been justified by tlie Secri^ta- 
 t y^s ovders if I obtaining J Lj/ personal applicaiion, the vnllenltstimunij 
 ■i.ecessary in the case. \). P. 
 
 jOn the 19th of October, 1824, while at Washington, before going to 
 ■Ji West Indies, I requested, for various ref^sons, among otlicrs ili 
 
.i^- 
 
 10 
 
 No other notice of the style and manner of your letter i* 
 deemed necessary at this time, than to remind yon of the re- 
 lation which subsists between you ,md the Department. 
 
 I am very respectfully, sir, your most obechent servant, 
 
 (Signed) SAM'L L. SOUTHARD. 
 
 Com. David TonTER, U. S. J^ari/, present. 
 
 (Copy) A. 
 To Isaac Cbavncev, Esq., Captain in the J^ary of fhe United States : 
 
 It having been made to ap])ear to the President of the Uni- 
 tcil States, that on or about tlie fourteenth day of November, 
 in the year of our Lord one thousand eis^lit hundred and twen- 
 ty four, David Porter, Esquire, a Captain in the Navy of the 
 United States, then in command of the naval forces of the 
 United States in the West Indies and Gulf of Mexico, did, with 
 a part of the military force under his command, forcibly land 
 upon the Island of Porto Kico, 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 States, and 
 did then and there commit acts of hostility within the territo- 
 ries, 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 which led to the same, to be neces- 
 sary and proper. 
 
 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 
 year one thousand eight hundred and twenty-four, the said 
 naval forces were not employed in the suppression of piracy 
 in the most effective manner, but were employed in the trans- 
 portation of specie and in other objects of inferior moment, 
 to the neglect of the public interests ; and the said David Por- 
 
 heftltli, and apprehension of a West IiitHa climate, that the Secretar}- 
 woulct order me to be re/uredfrom the command of the Squadron. The 
 Secretar}', in hisrroly to this application of the 21st, informs me that ii 
 1 had made my a|)plication earlier I should have been relicrcd, and a 
 successor nppointi d, but having failed to do so, and the presence of it 
 commaiidei on the station bcinf; indispensable, I was ordered to proceed. 
 " When it is convenient to the Department," (says the Secretary,) " your 
 wish to be relieved siiall be graiifind.'' It is to this intimation the Sec- 
 ii'tary alludes, when he reminds me of the purpose of the Department tc 
 rccttl me. D. P' 
 
u 
 
 ter considering his conduct and character as the commander of 
 said forces to be thereb)' implicated, has requested of this De* 
 jjarlmeiit that an inquiry be made into the truth of said re- 
 prei*entations. 
 
 The President of the United States, in consideration of the 
 premises, has charged rne to convene a Court of Inquiry for 
 the purpose of examining into the matter aforesaid. — You 
 are therefore hereby ordered to proceed to the Navy Yard 
 at the City of Washington, on or before the second day of 
 Dlay next, to act as a member of the said court, and to otficiale 
 as the President thereof. 
 
 Orders are also transmitted to Captain VYm. 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 capa- 
 city at the time and place aforesaid. 
 
 And the said Court is hereby required to convene and or- 
 ganize 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 informa- 
 tion touching the matters aforesaid; and it 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 particular- 
 ly to examine into and report the causes which led to the con- 
 duct 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 
 effective 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 con?ideration. 
 
 And for your so doing, this shall be to you and to all con- 
 cerned, a sufficient vvarrant. 
 
 Given under my hand, and the seal of the Navy De- 
 partment of the United States at the City of Wash- 
 er,, s.] ington, this nineteenth day of April, in the year of 
 our Lord one thousand eight hundied and twenty- 
 five, and of the Independence of the United States 
 the forty-ninth. 
 
 (Signed) SAM'L L. SOUTHARP. 
 
J3 
 
 ^Minutes of the proceedings of a Court of Inquiry directed to 
 investigate the conduct of David Porter, Esquire, a Captain 
 in the Navy of the United States, convened at the Navy Yard 
 at the City of Washington, this second day of May, in the year 
 one thousand eight hundred and twenty-five, in obedience to 
 th<f precept of the Honourable the Secretary of the Navy, 
 bearing date the 19lh day of April, 1825 — which is hereunto 
 annexed and marked (A). 
 
 Cnptain Isaac Chauncey, appointed in and by the said pre- 
 cept as President of said Court, and Captains William M. 
 Craine, and George C Reed, members thereof, and Richard 
 S. Coxe, Judge Advocate, appeared. 
 
 Captain David Porter also appeared, and being asked whe- 
 ther he had any objection to offer against either of the mem- 
 bers of the Court, replied that he had no specific objection 
 to individuals, but he objected to the materials of which the 
 Court was composed ; and stated further, that he had some 
 remarks to make on the subject, as well as on the precept; 
 that he did not think the Court was legally formed. The oath 
 prescribed by law in such case was administered by the Judge 
 Advocate to the President and members of the Court — and 
 the President administered to the Judge Advocate the oatli 
 required by law to be taken by him. 
 
 Captain Porter then submitted, and read to the Court, a pa- 
 per containing certain remarks upon the precept by the au- 
 thority of which the Court had been convened, which was an- 
 nexed to the record, and marked (B). The room being clear- 
 ed, the Court proceeded maturely to deliberate on the same : 
 after some time it was opened, and the Judge Advocate in- 
 formed Captain Porter that he had been instructed to read to 
 him a letter which had been addressed by the Judge Advocate, 
 by the directions of the Court, to the Secretary of the Navy, 
 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 ailjourned till to-morrow morning at 11 
 o'clock. 
 
 TUESDAY, May 3d. 
 
 The Court met pursuant to adjournment ofyesterday : pre- 
 sent as before. 
 
 The Judge Advocate submitted and rejid to the Court a 
 communicatioa from the Hoaourable the Secretary of the Na- 
 
14 
 
 vy, in aij^vvcr to the letter yesterdny addressed to kiiu, which 
 »Yas annexed to the record and marked (D). 
 
 The Judge Advocate then suhmitted and read to the Court 
 certilied copies from the Navy Department, of certain papers, 
 annexed to the record and marked (Nos. 1, 2, 3, 4. 5 & 0). 
 
 Charles T. t'latt, a Lieutenant in the Navy of the United 
 Slates, beinj^duly sworn according to law, deposes and says: 
 
 On the 21lh October last, as 1 believe, about 7 o'clock in the 
 momini;, I received a communication from Messrs. Cabot, 
 Baily, c^ Co., Commercial Agents at St. Thomas, informing 
 me that their store had been forcibly entered the preceding 
 night, and robbed of goods to the amount of not less than five 
 thousand dollars. 1 commanded the Beagle then at St. Tho- 
 mas. With this communication I received also a request fro/n 
 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 the same place, 
 that Ihey had good reason for supposing that these goods had 
 been taken to Foxardo, or in that neighbourhood. I lost no 
 time in getting my vessel ready for sea ; took with me a pi- 
 lot furnished from the shore, and a clerk of Messrs. Cabot 
 and i>aiiy, with a description of the goods that had been stolen. 
 On the evening ot'the 2Gth, about G o'clock, 1 anchored with 
 my colours Hying in the harbour of Foxardo. It was then so 
 late that the pilot did not think it prudent to go on shore, or 
 was not capable of shewing me the way. Karly the next 
 morning, (the 27th) a boat came along side with a niessage 
 Irom the Captain of the port, who said he would be happy iu 
 see me on shore. I inquired whether he was acquainted 
 with the character of the vessel, to which he re|»(ied yes : lest 
 he might be mistaken, I directed him to inform the Captain of 
 the |)ort it was the United States' Schooner lieaglc, and that 
 1 should be onshore as soon as possible. At about half past 
 fcix 1 landed : I was there met i)y a parcel of ruflians, 1 could 
 hardly tell what they were. One of then) informed me that 
 T could not proceed up to the village. I intjuired of him 
 who he \vas, whether an oflicer or not ; he gave me no satis- 
 faction whatever, but merely repeated that I could not proceed 
 up to the town. I then proceeded on without any interruption 
 whatever ; having been advised so to do by some citizens who 
 were there, who informed me these people had no authority 
 to stop me. 
 
 Having entered the village, I first went to the Captain ot 
 the port, having been informed by a gentleman, a citizen of 
 the place, that this was proper. I informed the Captain of 
 the port ofthe object of my visit, and my reasons for appear- 
 
15 
 
 ing in citizfin's drps?, and after producing tho letter addressed 
 to Mr, Campos, he appeared perfectly satisfied with my cha- 
 racter, and directed me to call upon the Alcalde, and inform 
 him. I called on the Alcalde, and explained to him my object, 
 and again produced the letter to Mr, Campos, He was per- 
 fectly satisfied with my character, and appeared very much 
 pleased that i had taken the precaution to come on shore in 
 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, 
 fhat if it was necessary to offer a reward for the recovery of 
 the goods, I was authorized to offer on,, not to exceed one, 
 thousand dollars. I then proposed going round to the differ- 
 ent stores where it was possible these goods might have been 
 deposited, w ith the police, and examine the goods and see if 
 they corresponded with the sanplss and descriptions we had. 
 It was supposed that the goods whica had been stolen were the 
 only goods of that description in the country. He told me tc» 
 let that matter rest — to let him manage the affair. He observed, 
 that as I had very properly talien the precaution to come on 
 shore in citizen's clothes, he thought it advisable to let it 
 rest entirely with him ; that if I accompanied him, it might ex- 
 eite some suspicion. I accordingly went to a public house, and 
 took my breakfast. I received a message from the Alcalde, 
 requesting me to call at his office. I was then under the im- 
 pression that he had made some discoveries in respect to the 
 goods that I was in search of. I went over to his olhce di*- 
 rectly ; Lieut. Ritchie and the pilot were with me, to see 
 vi'hatthe result was. I inquired, on my arrival at the ofBce 
 efthe Alcalde, whether he had sent forme, and for what pur- 
 pose. 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 informed them that 
 I had previously offered to shew my commission, my uniform, 
 and my clothes ; that I had no register; that a man-of-war 
 carried none. He then told me, that if I did not produce my 
 register at once, he would imprison me. I then requested 
 permission to go on board my vessel with any officer they 
 might choose to send with me, and tirat 1 would satisfy them of 
 the character of my vessel and of myseh". I then stated to 
 them that the insult which I had received from them was of 
 that nature that it could not be overlooked on my part, anil 
 tthut 1 should make a formal report olil to Commodore Porlrr 
 
16 
 
 and lest they might deny that they liad arrested and imprison* 
 ed me, that I should |)rocced directly on board my vessel and 
 leave the port. I left the office with the design ot returning 
 to my vessel, when 1 was pursued by soldiers, who took me 
 by the collar, arrested, and brought me back. I then consid- 
 ered myselt^as a prisoner. After detaining me about an hour 
 undercharge of the sentry, with Mr. Hitchie and the pilot, 
 they const;nted to let me send Mr. Bedford, the clerk who 
 had been sent down by Messrs. Cabot &: Daily, on board the 
 vessel for my commission. I sent him on board, and directed 
 him to bring my commission and uniform, though they did not 
 require the latter. Mr. Bedford returned with them. 
 I put on my uniform and 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, 1 thought they were about taking me to the 
 most genteel house in the place. So soon as I approached 
 near enough to discover that it was a guard-house, well calcu- 
 lated to produce the yellow fever or plague, I objected to be- 
 ing confined there, and said I would not be, unless they com- 
 pelled it by force of arms. In about ten minutes they return- 
 ed me to the quarters from which they had taken me, and 
 placed me under charge of a sentry. After my return, I di- 
 rected the interpreter to inquire what their object was — whe- 
 ther they meant to detain me, or what 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 cha- 
 racter. 1 informed them that what I had already shewn them 
 was all that it would be in my power to shew them after hear- 
 ing from St John's. They informed me I had shewn nothing 
 to satisfy them that I was ever ordered to that vessel as a Lieu- 
 tenant Commandant. I then requested permission to send on 
 board for my orders — it was granted. I sent on board and 
 got them. After producing my orders, they called a council, 
 detained me till about fifteen minutes before sundown, cotined. 
 I was then set at liberty, and ordered to go on board my vessel, 
 which 1 did; laughed and hissed at by every blackguad in the 
 street. In this way I left the village, went on board my ves- 
 sel, and got under weigh. 
 
 On the 12th of November, I was standing out of the har- 
 bour of St. Thomas, and discovered the John Adams with 
 her broad pendant tlying, standing into the harbour. As soon 
 as the Commodore came to anchor, I went on board, and re- 
 ported myself to him, and mentioned the circumstances that 
 
11 
 
 had led to niy visit to Foxardo, 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 
 not expecting him so soon, was the cause why it had not al- 
 ready been made out. The Commodore further informed 
 me, that if the circumstances of the case would justify my 
 going there as I did, that he would visit Foxardo, and obtain 
 redress for the insult offered to my person, and to the tlag 
 of the United States. 1 referred the Commodore to Mr. 
 (>abot and Mr. Furniss, both Commercial Agents at that 
 place, who would inform him that robberies of the same 
 kmdhad been before committed, and the goods stolen traced 
 to Foxardo, 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 im- 
 mediately came on board with me. In the morning the pilot 
 came on board the Beagle, and I immediately got under weigh, 
 and stood out to the Adams, then under weigh by order of the 
 Commodore. I went on board the Commodore, and deliv- 
 ered my written report. I was then ordered to go ahead, 
 with the pilot on board the Beagle, and make the best of my 
 way to Foxardo. 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 pro- 
 ceed again ahead. At about 7 o'clock, a boat was sent on board 
 from the Commodore for the pilot, and I was directed to pro- 
 ceed on again to the South. At 8, signals were made to fol- 
 low the motions of the Commodore, who was standing in to 
 the land. At 9, we came to anchor under the lee of Passage 
 Island, where we remained mitil 12 at night, when the 
 Grampus, the Beagle, the barges of the Adams, with as ma- 
 ny of the officers and men as could be spared from the ves- 
 sels, got under weigh, and proceeded towards the harbour 
 of Foxardo. At 8 o'clock in the morning of the 14th, we 
 came to anchor, with the Grampus and Beagle, in the har- 
 bour of Foxardo. The barges were oflicered 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 Lieut. Stribling a flag of 
 truce to the Alcalde of the place. At half past 8, we com- 
 menced marchmg up from the landinu; to the village, which 
 was about a mile and a half distant. VVe 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. Com- 
 modore i'orter ordered us to halt. About fifteen minute? af- 
 
38 
 
 itt, we discovered a nhite iliig, which was accompanied Lf 
 Lieut Stribliiig, the Alcalde, the Captain of the port, and the 
 interpreter. They professed, when they met the Commo- 
 dore, not to know the object of his visit. Tfie Commodore 
 informed them they ou^hl to have known thatt'rom the tenor 
 of his note— asked them if they had not conlitted me after 
 knowing that I was an American officer, and why they had 
 done so. Tl)e Alcalde admitted he had confined me after know- 
 ing 1 was an American ofhcer, 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 the Alcalde and Chief Magistrate of the place, 
 and that he held him responsible for the insult oiTerpd to me, 
 and to the t^ag — that, as he had the power of confining, he 
 certainly had the power of releasing me. The Commodore 
 then informed there was no necessity for -my altercation — 
 that the tin»e he had allowed had nearly expired — that there 
 was about five or seven minutes remaming — that he requir- 
 ed of them a suitable apology, such a one as should be dic- 
 tated —the refusal of which would compel him to resort to 
 force of arms, which should terminate in the final destruction 
 of the viMage They acceded to this, and apologized in the 
 maimer the Commodore dictated, to the satisfaction of all 
 present. This being done, we proceeded dovvn 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. 1 do not 
 know that they were loaded. There was a battery on the 
 beach on the eminence with two cannon. 1 saw the Spaniards 
 by them with matches — they were training them upon the 
 vessels. This battery was attacked by a barge, and the 
 Spaniards ran without firing. The other barges landed at al- 
 most 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 ten to-morrow 
 morning. 
 
 WEDNESDAY, May 4x11. 
 
 The Court met pursuant to the adjournment of yesterday 
 present as before. 
 
 The Court resumed the examination of Lieut. Piatt. 
 
 (Question. Was the store of Messrs, Cabot & Baily in the 
 fown or Island of St. Thomas ? 
 
 Anszcer. The store of Messrs. Cabot &. Baily was in the 
 rity of St. Thomas, the dock in the rear of the store. 
 
19 
 
 Q. Were those gentlemen at the time resident merchanj;s 
 at Sf. Tfiomas. 
 
 j9. Yes. Those gentlemen were American citizens, resid- 
 ing at St. Thomas. 
 
 Q. Did any communications pass between yourself and the 
 
 authorities of St. Thomas, in relation to the alleged rohbery ? 
 
 Ji. No. I had no communications with the authorities at St. 
 
 Thomas. I understood from Mr. Cabot, and subsequently 
 
 from the Governor, that some had passed between them. 
 
 Q. Did you carry any letter or other document from the 
 Governor or other officer of St. Thomas — or any force fur~ 
 nished from that Island ? 
 
 A. No. I carried no paper from any official person at St, 
 Thomas, but a private letter from one of the most respectable 
 merchants there, addressed to Mr. Campos, one of the most 
 respectable merchants at Foxardo. 
 
 Q. What orders had you received from Commodore Por- 
 ter, which you considered as authorizing the steps you took ? 
 A I had received orders to protect our commerce in every 
 manner which was consistent with the rules of the servif^e. 
 1 understood myself as authorized to go on shore at Foxardo, 
 and inform the police of the robbery that had been com- 
 mitted, which was the object I had in view. 
 
 Q. Did the messenger from the Captain of the port, or the 
 Captain of the port himself, intimate, in your first conversiif 
 tion with them, 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 property of which you were in search, or did you pro- 
 pose to search for, and take the ()roperty yourself? 
 
 A. I requested them to act — -to search for the goods — not 
 intending to act myself at all. I afterwards proposed going 
 myself with the police, which they objected to as unneces- 
 sary 
 
 Q. Did Commodore Porter know any thing of the transac- 
 tion at Foxardo, previous to your communication to him ? 
 A. No. lie did not. 
 
 Q. Do you know whether any communications were made 
 to the authorities at Porto Rico, either by yourself or Com- 
 modore Porter, prior to the landing of the force at Foxardo ? 
 A. I knew of none. 
 
20 
 
 Q. In wiiiit boat or vessel diJ Lieut. Stribling go to Fox- 
 ardo, ami what length of time elapsed between his going with 
 the Ibiu; of truce, nnd the landing on the beach ? 
 
 //. Lieut, otribling went down to Foxardo in the Grampus, 
 and landed about the same time that the men did. 
 
 Q. Where did he receive his instructions from the Com- 
 modore ? At Foxardo, or befure 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 ? 
 
 A. 1 believe that about two hundred officers and men were 
 landed. I do not know what orders were given to those who 
 remained. I was ordered to land with as many men as 1 
 could conveniently, without crowding, carry in the boats. — 
 The men were armed with muskets, boarding pikes, cutlasses, 
 and pistols. 1 heard no other orders given, than that after 
 we landed, we were directed by the Commodore to fall into 
 line, and march up. 
 
 Q. Had any answer been received to the communications 
 made through Lieut. Stribling, before the landing of the men, 
 and the spiking of the gun? in the battery on the beach, and 
 the two nine pounders between the beach and the town ? 
 
 ./?. None that I knew of. 
 
 Q. What is the distance between Foxardo and St. Johns ? 
 
 Jl. I think about forty miles. 
 
 Q. Did the interpreter appear to be an intelligent man, 
 well acquainted with the Spanish and English languages ? 
 And do you understand Spanish sufficiently well to know 
 whether he interpreted correctly ? 
 
 A. The interpreter appeared perfectly acquainted with 
 both languages. I understood some things that were said, 
 and my pilot who understood both languages, told me that he 
 interpreted correctly. 
 
 The examination of the witness in chief having been clos- 
 ed. Captain Porter was asked whether he had any questions 
 to propose to the witness ; to which he replied, that before 
 proceeding (o take any steps in his defence, he had some re- 
 murks to submit to the Court, which he read and submitted 
 to the Court, annexed to the record, and marked (E ) 
 
 The room was then cleared, and afier some time was open- 
 ed, when the Judge Advocate informed Caut. Porter that the 
 Court had maturely deliberatcil upon the paper sulnnilted by 
 him — that after full consideration, the Cuurt is of opinion 
 that the matter of the communication, as well as the language 
 in which it is couched, is in several particulars so highly objec- 
 
21 
 
 tionable that, could the Court have anticipated its character 
 and contents, it would not have been suffered to be read. — 
 The Court consider it as highly disrespectful, both to the Se- 
 cretary of the Navy, and to the Court itself. This Court 
 cannot submit to hear from any officer animadversions on the 
 conduct, and accusations against the head of the Department, 
 wholly foreign to the investigation in which it is engaged ; 
 nor can it, without forfeiting its own self respect, listen to 
 language so offensive to itself The Court is willing to be- 
 lieve that this objectionable character may be attributed to 
 the hasty manner in which the paper appears to have been 
 drawn up ; and that Capt. Porter, on consideration, will him- 
 self feel disposed as well to perceive, as to rectify the ground? 
 of objection. 
 
 in order, however, to prevent a recurrence of such un- 
 pleasant circumstances, the Court has ordered, that in future 
 no communication be received unless in writing, and the pa- 
 per must previously be submitted to the Judge Advocate for 
 the consideration of the Court. 
 
 The Judge Advocate further informed Capt. 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 objections 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 re- 
 marks on the precept by which the Court was convened, and 
 the materials of which it was constituted." It was then sug- 
 gested to him that, as the Court had not yet been organized, 
 it could at that time hear nothing from him ; but that the 
 proper period would be after the members had been sworn 
 in. This suggestion was made by the Judge Advocate, and 
 apparently acquiesced in by Capt. Porter. 
 
 Immediately after the organization of the Court, Captain 
 Porter read and submitted to the Court the paper which has 
 been annexed to, and constitutes part of the record. Con- 
 ceiving that it contained, not a challenge to the Court, or a 
 specific exception to any member of the Court, but objections 
 applying exclusively to the precept under which it had been 
 convened ; and that these objections, if presented to the 
 government, might possibly induce some change in the pre- 
 cept, with which the Court had no authority to interfere ; — 
 feeling, also, that the exceptions which had been urged in- 
 volved the competency of the major part of the members of 
 the Court, a question on which delicacy forbade them to ex- 
 press an opinion, when it had not been presented distinctly to 
 5 heir decision ; the Court determined to pursue the course 
 
22 
 
 nliich nas adopted, and of which Capt. Porter was immedi* 
 ately apprised. 
 
 If, however, Captain Porter did design to raise a question 
 for the decision of the Court, as to the legahtyof the precept, 
 nnder which it is acting;, the Court has no hesitation in saying 
 that it entertains no doubt upon the subject. Had any doubt 
 existfd, the Court would have put it in a way to be satisfac- 
 torily decided, before proceeding to act under it. 
 
 The Court is aware that it possesses no power to compel 
 Captain 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 mora- 
 rng. 
 
 THURSDAY, May 5tii. 
 
 The Court met pursuant to the adjournment of yesterdayi 
 present as before. 
 
 Captain Porter stated to the Court, that on receiving the 
 record, it appeared to him that an c.mission had been made^ 
 which he was desirous of having supplied, in stating the pro- 
 ceedings of the tirst day. He submitted to the Court his 
 statement of the remarks which he ntade before the oath was 
 administered to the members. The Court being of opinion 
 that Captain Porter is entitled to have his statement inserted 
 in the record, as containing his view of what transpired, di- 
 rected it to be inserted. It is the words following, viz. 
 
 " Captain Porter being asked whether he had any objection 
 to offer against either of the members of the Court, replied 
 that he had no specific objection to individuals, but he object- 
 ed to the materials of which the Court was composed ; and 
 stated further, that he had some remarks to make on the sub- 
 ject as well as on the precept — that he did not think the 
 Court was legally formed. '^■ 
 
 Captain Porter then submitted to the Judge Advocate for 
 the considei-ation of the Court, a paper (marked F.) The 
 Court was cleared, and after some time was opened. The 
 Judge Advocate informed Captain Porter that he was instruct- 
 ed by the Court to say that the paper had been maturely con- 
 sidered — that it is deemed objectionalde from the style of 
 animadversion upon what has transpired, and of instruction 
 as to the future conduct of the Court. The Court, there- 
 fore, will permit Captain Porter to withdraw it. Should he, 
 however, wish it to be inserted on the record in its present 
 shape, it «hall be done, accompanied by such remarks as the 
 Court conceives it due to themselves to make^ 
 
2S 
 
 Captain Porter declined to withdraw the paper, and the 
 Judge Advocate informed him as follows : 
 
 The Court feels constrained to make some remarks upon 
 the animadversions which C-iptain Porter has thought himself 
 entitled to pa?s upon its conduct. The Court did understand 
 Captain Porter to waive or decline challenging any of the mem- 
 bers of the Court, but at the same tmie to intimate, as an ob- 
 jection which he conceived existed against the organization 
 of the Court, that two of the members were his juniors in 
 rank. The Court did not, at anytime, suppose that this ob- 
 jection had any foundation, either in the letter or spirit of the 
 law. The law is silent on the subject. The only qualitication 
 requii'ed is, that the members of the Court should be com- 
 missioned officers. The " materials then of which this Court is 
 constituted,"" are conceived to be wholly free froiu any legal ob- 
 jection. Nor is there any thing in the spirit of the law which 
 the Court has been able to perceive leading to a different con- 
 clusion. Every member of this Court holds the same cooi- 
 mission with Captain Porter ; all are Captams ; one his senior, 
 two his juniors, in date of commission. The Court, however, 
 is clearly and unhesitatingly of opinion that no law would be 
 violated, either in its letter or spirit, by the appointment of any 
 three commissioned officers to constitute a i ourt of Inquiry into 
 the conduct of any officer. Courtesy, and a regard to the feelings 
 of the officer whose actions are to be investigated, will, it is pre- 
 sumed, in all cases, prevent the government from selecting offi- 
 cers of a very inferior grade to set upon an inquiry into the con- 
 duct of an officer of elevated rank. But this principle can 
 scarcely be carried to an extent which would apply to a Court, 
 every individual of which is known to the American Kavy. At 
 Jill events, this is an objection which the Court conceived, and 
 still conceive, can be properly decided only by the Executive. 
 This Court can in no manner interfere with such a question. 
 In this instance likewise, it appeared to the Court to be so 
 connected with other comments upon the precept as to pre- 
 sent itself before the Court rather as an animadversion upon 
 the conduct of the Executive, in thus organizing the Court, 
 than as a challenge formally presenting the question for its 
 decision. Captain Porter seems himself to have so viewed 
 it, for he assigns his reasons for making this Court the or<'^an 
 *>f his communications with the Department. 
 
 The Court thinks proper, further to remark, that the single 
 object for whicli it has been constituted is, to inquire into the 
 official conduct of Captain Porter, and to repoittothe Depart- 
 ment the facts wiiich may be proved. The Court possesses 
 flo power to adjudge Captain Porter iunoteiit or^nilty : it hi\^ 
 
no authority to impose punishment. The duties imported ar« 
 enjoined by the competent autliority. The interference of 
 Capt. Porter in pursuing this investigation, however desirable 
 it may be, as calculated more fully to elicit the truth, is in no 
 manner necessary. The Court is competent of itself to per- 
 form the duties imposed upon it, and will now proceed to ex- 
 ecute that task. 
 
 Captain Porter was tlien asked whether he had any ques- 
 tions to propose to Lieut. Piatt, he declined putting any, and 
 observed he should now take his leave of the Court.* 
 
 Remark. However desirable it might have been to myself and others 
 that the investigation asked for by iiiu should proceed ; however honour- 
 able the result might be to niysejf and the oflicers under my command, 
 and however necessary it may be for the reputation of the JVavy and 
 the Nation, 1 could not consent lo defend myself before tiie Court 
 against any charge whatever, until its legality had been decided by com- 
 petent authority — until I could appear before it ou terms of perfect 
 equality with my accusers — until f could be allowed to protect myself 
 iu the way which might appear to me most proper; without submiltiii^ 
 iny defence to the inspection of the Judge Advocate, who had no right 
 to decide in my case ; or to the control of the Court, wiio would there- 
 by have exercised a power not founded on law or justice ; and without 
 tlie risk of undeserved reproof. 
 
 For the members who composed the Court, individually, no one could 
 liave a higher respect than myself, and if a majori'j' senior to me could not 
 be had without injury to the service, I should have been content. But this 
 lias not been made apparent, and I owed it to the service as well as my- 
 belf, that no doubt should remain as to tiie legality of the principle that 
 the Court would have established, that commissioned ofiicers of any 
 class, are a sufficient Court for the trial of any oflicer, their rank de- 
 pending on courtesy alone. The framers of laws rarely permit justice 
 to depend on courtesy, and I doubt the cxcejjtion in this case. Too much 
 courtesy might permit the guilty to escape ; too little, the innocent to 
 suffer. Justice dispensed on this principle is never certain, and seldom 
 satisfactory. In this instance, I may with propriety, considering all cir- 
 cumstances, complain that courtesy has not been sufficiently extended i 
 a practical illustration of the effects of wiiich I have had, in the cen- 
 sure the Court tiiought itself justifiable in passing on me. 15ut inde- 
 pendent of my objections as stated above, on the ground of legality, 
 equality, and the rules of the Court, I object to the precept itself, 
 which does not grant me what I asked. If the Secretary of the Navy 
 had thought my reiiuest an improper one, he should have refused it ; but 
 after he had informed me, he would comply with it, he should have 
 granted it to its full extent. 
 
 The same principle that induced me to go to Foxardo for the protec- 
 tion of the persons of tlie oflicers under my command, induced me to ask. 
 for an inquiry, to enable n^e to protect their characters. They acted in 
 botli cases ill conformity with my orders, and were entitled to my pro- 
 tection, so far as I could protect them. If in both cases 1 have failed in 
 my ol)ject, 1 have the satisfaction o( knowing that the failure is not a' - 
 tributable to any omission on my part. 
 
25 
 
 Alexander J. Dallas, a Master and Conomauder in the Navy 
 of the United States, being produced as a witness and sworn, ac- 
 
 If the Court pursues the investigation, I feel no apprehension for the 
 result, whetlier I defend myself or not ; and if the case should be diimis- 
 sed by the Department in consequence of my refusal, it will be a sufS- 
 cient justification of my conduct against the imputation of Messrs. Ran- 
 dall and Mountain, and of memiiers on the floor of Congress, but it will 
 be no acquittal of the officers under my command, against whom simi- 
 lar charges b}' the same persoris have been made. 
 
 But however desirable a decision in the case may be, I cannot, either 
 on my own account, or on account of others, purchase the good report of 
 the Court at tlie expense of self respect and esteem. 
 
 1 take this occasion to express my surpiise that the Court should have 
 conceived the idea, that I wished to submit the question of its compe- 
 tency to the Secretary of the Navy, as no such wish is expressed by me. 
 1 wished my objections to the precept submitted to the Secretary, and 
 so expressed myself; the question oi competency, I submitted to the 
 Court iiself. I beg leave to refer the reader to paper B, wherein he will 
 find I express myself as follows : 
 
 *' That tlie Court is formed agreeable to the letter of the law, I cannot 
 deny; nor could I were it formed of any of the subordinate classes I 
 have mentioned. But whether it is formed according to its spirit and 
 intention, and on princi^ilcs of strict justice, is the question I beg leave 
 to submit to you." 
 
 If the Court, from any scruples whatever, declined deciding the ques- 
 tion thus presented to it, it appears to me, the most proper course would 
 have been to submit it to the decision ol the Attorney General of the 
 United States. But it was the duly of the Court to decide whether it 
 was or was not competent ; tiie decision as to its belief on the subject, 
 en oath, was all that was required by me, and the question could have 
 been decided by the Court, as readily, and as well, before, as it was, 
 after the instructions of the Secretary bad been received ; that it did not 
 decide in tlie^'n-^ instance, is sufficient evidence that doubts tlicn existed 
 as to its legality. 
 
 *' The single object for which it (the Court) has been constituted,'' has. 
 nothing to do with the merits of the question of legality; and althougli 
 the limitation of its powers, as defined ia the precept, might have been 
 of itself a sufficient reason for my not defending myself before ii, it is 
 not a sufficient apology for the course it has pursued toward me. The 
 Court was not authorized to offer an opinion in the case ; the opinion of 
 the President, to whom the subject is to be submitted, cannot be formed 
 without having all the facts before him; and his opinion I feel confident 
 tcill not be governed by any act of the Court. 
 
 Under all circumstances then,! had nothing to lose, or apprehend, by 
 my withdrawal from the Court, and I certainly saved a very useless sa- 
 crifice of my feelings, as (except in its deportment toward me, while be- 
 fore it,) it could do me neither good or harm. A Court more powerless, 
 and yet more calculated to alarm the accused, was perhaps never formed. 
 The charge, first to be investigated, was exhibited against me by the 
 Secretary of the Navy, the Secretary of the Navy selected my judges, 
 two of whom werejunior to me. The Judge Advocate, who is the pri- 
 muni molnle of all Military Courts, received his appointment from the 
 Secretary, and is his warm friend indprotege. Under these circumstances, 
 It may readily be imagini^d. ' hiid every thing to apprehend, and n«- 
 
 4 
 
2G 
 
 eordinc; to law,ilepo3e9 and says : i was a master commandant 
 ill coiiimaii<l of" the Jolin Adruns, bearing Commodore Poiler'e 
 luuad pendant. We arrived some time in November, I do 
 not distinctly remember the date, ofl' the town of St. Tho- 
 mas, in the If^land of St. Tliomas. On our arrival tliere. some 
 time 1 think in the afternoon of the same day, Lieut. Fhitt, 
 in company with Mr Cabot, came on board the John Adams, 
 an(} made a report to the Commodore of some ill treatment 
 which Lieut. I'hitl had received at Foxardo. In consequence 
 of this report, I understood from the Commoilore that it was 
 his intention fo visit Foxardo, and endeavour to obtain an 
 apohjgy fiooj the authorities there for their con(hict. On the 
 toilowing morning I was directed to get the John Adams undrr 
 weigh, and proceed to Foxardo. In conseijuence of the 
 lightness of the winds, and the pilot being of ojiinion that the 
 draught of water of the John Adams was too great to permit 
 her being taken neai the town, I was directed to anchor her 
 under one of the Passage Islands, to get out all my boats, and 
 j)repare a hundred and odd men with the officers. After all 
 these preparations were made, the day had so far advanced 
 that we could not have arrived there before night. In con- 
 sequence of which the Commodore directed that we should 
 be ready by one or two in the morning to go on board the 
 schooner Grampus, she and the Beagle being in company. — 
 ^Ve did so, and the Grampus took our boats in tow. We 
 then proceeded to Foxardo, where we arrived about nine 
 or ten the next morning. On anchoring, we observed on a 
 hill near the beach a small battery, in which there appeared 
 to be a number of men, and wlio it was supposed intended to 
 make resistance to our anchoring. An older was given by 
 the Commodore, that a boat and her crew should dislodge the 
 men from that battery. The boats were then all manned, 
 and we landed. The Commodore then directed Lt. Crabb, 
 with a portion of the marines, to advance and take a position 
 on the road by which we ivere to march up to the town. Lieut. 
 Stribling was then dispatched with a flag and a letter to the au- 
 thorities of Foxardo. After having formed the men, we were di- 
 
 ihiiiK to hope for, wliile before the Court; and to defend mvself under 
 the ronditions impovied on inc, would have been worse than useless. AH 
 that was left for ine was to retire from the Court, and to lay a statement 
 of the case before the highest trihunalon eartii. In doing so I mean no 
 disrespect to ihe Government, to the he;id of the Department to which I 
 bel<inp, or to the Court ; V merely exercise a right which is secured to 
 every American citizen ; a riplit, which 1 do not conceive that 1 Ibifcit- 
 ed wlien I became a public servant. 
 
 I feel that 1 have been oppressed, and the privilege of complaining is 
 nril denied to the ineaiie>t slave. D. i*. 
 
27 
 
 recteJ to follow on by the road, leaving a guard of marines ta 
 protect the boats, under the command of Lieut. Barton. We 
 then marched to within about twenty or thirty yards of where 
 the marine^, under the coiomanti ot Lieut. Craub, were. — 
 The Commodore directed two guns, which we met with on 
 the road, to be spiked. VVe remained there until Lieut. 
 Stribling returned with two officers, who were understood to 
 be the Alcalde and the Captain of the port. A conversation 
 then took place between tiie Conuiiodore and the Alcalde, 
 through the medium of an interpreter ; the result of winch 
 was an apology to Lieut. Piatt for the ill treatment he had re- 
 ceived on his previous visit. The Commodore asking the 
 officers generally if they were satisfied with the apology. 
 Fmdmg they were so, he directed our return. He received, 
 however, an invitation to go himself into the town. He 
 went as far as led us by all the force that was collected — a 
 field piece and sixty or seventy men with arms. 
 
 After this we returned to the beach, where some rum and 
 refreshments were given to the men. We embarked in the 
 boats, went on board the Grampus, and sailed for the John 
 Adams. 
 
 Q Had you received any information on board the John 
 Adams of Mr. Piatt's treatment at Foxardo, previous to his 
 makmg the report of the transaction to the Commodore? 
 
 A. The account Mr. Piatt gave was, 1 believe, the first we 
 had of the ati'air. 
 
 Q. Was any communication made to the authorities of Por- 
 to Piico, previously toyour entering the harbour of Foxardo? 
 
 A. None that 1 know of. 
 
 Q Did Captain Porter consult with any of his officers as 
 to the expedition he projected, or did any of them express any 
 opinion to him on the subject? 
 
 A. He did not consult with any of them. From the intima- 
 cy that subsisted between Commodore Porter and myself", I 
 believe 1 made some remarks to him, as to the consequences 
 that might probably result from it ; and 1 think he replied that 
 his instructions would bear him out in the course he intended 
 to pursue on the occasion This was a voluntary suggestion 
 by me, not called for by his expressing any wish to consult 
 me. 
 
 Q. What orders did you receive from Captain Porter, pre- 
 vious to, or at the time of", your landing? 
 
 ^. The only orders that 1 received were those which I 
 have mentioned, and that 1 should take care the men were 
 not out of the way, and that they committed no excesses. 
 
 Q. How were the men armed? Were the guns loaded? 
 
28 
 
 A. They were nrtned with muskets, bayonetd, cutlas9e?< 
 pist(»ls, and boarding pikes. The guna were loaded on the 
 beach before we marched up. 
 
 Q. Was any flag or commuaication sent to the shore before 
 you landed? 
 
 Jl. None. Lieut. Stribling landed with u?. The boat sent 
 to spike the guns on the hill went previou?ly to our landing. 
 
 ({, Did you advance toward Foxardo before the return of 
 the Hag sent by Lieut Stribling, or did you remain on the 
 beach till his return? 
 
 A. We advanced before the return of the flag. 
 
 Q. Were the guns spiked before the return of the flag? 
 
 A Yes. None were spiked after. 
 
 Q. What orders were given by Commodore Porter to the. 
 oflQcers remaining on board the vessels? 
 
 A. I do not know. 
 
 Q. Were the Grampus and Beagle anchored in such a situ- 
 ation as to enable them to cover the landing? 
 
 Jl. Yes. The Beagle certainly was; I think the Grampus also. 
 
 Q,. Was any opposition offered to your landing, or to your 
 advance to the town? 
 
 Jl. None. The impression was, that the force on the hill 
 would, had they been able, have fired on the vessels ; but 
 there was no opposition to our landing. 
 
 Q. What time would it have required to commuoicate from 
 your anchorage with St. John's? 
 
 j1. Tiie distance, 1 should presume, is about 40 or 60 miles. 
 
 Q. Is not St. John's the seat of government of Porto Rico? 
 
 A. Yes. The Governor of the Island resides there. 
 
 Horatio N. Crabb, a Lieutenant in the Marine Corps of the 
 United States, being duly sworn according to law, deposes 
 and says : 
 
 I was commanding officer of marines on board the John 
 Adams, in November last. I landed at Foxardo, in the same 
 boat with Lieut. Stribling, and on getting on the beach, an of- 
 licer informed me that Commodore Porter, who had previous- 
 ly landed, wished to see me. My command was distributed 
 in different boats. On reaching the place on the beach where 
 the Commodore was, 1 was directed by him to form my gtiard, 
 look for the road to the town, proceed, and take up a favoura- 
 ble position ; and at the same time received very particular in- 
 structions, not to suffer my men to commit any outrages upon 
 the j)roperty of the inhabitants along the road ; nor to com- 
 mit any act of hostility myself, unless I met with resistance, 
 or was opposed on my march towards the town. After re- 
 
29 
 
 ceiving these instructions, I commenced my march towards thp. 
 town, with t>om twenty-four to twenty eight men. armed with 
 muskets. When about halfway between the 6each and the 
 town, I discovered several persons approaching me ; followino- 
 me with a white flag. I could not, at the time, distin- 
 guish who they weie, and continued my march. After a 
 short time, I discovered that the bearer was Lieut. Stribiino*. 
 on his way from the beach to the town. I halted till he came 
 up; as he passed me, I observed to him that I would escort 
 him into the place. He answered, very well. After proceed- 
 ing a short distance further, he was met by a number of per- 
 sons from the town, bearing a white tlag also. 1 was at that 
 time from twenty to thirty yards behind him. Immediateh' 
 on his reaching the spot wtiere tiiese persons were standin"-. 
 1 observed that Lieut. Stribling was surrounded by a number 
 of armed men. After some conversation with them, of which 
 I knew nothing, he sent a message to me, requesting me not 
 to advance any further. 1 accordingly halted the men and 
 rested them upon their arms. 1 was at this time from about 250 
 to 300 yards from the town, perhaps less ; and observed that 
 there was a number of armed men drawn up, as I presumed, 
 to prevent my troops from entering the place. They amount- 
 ed perhaps to about three times as many men as 1 had, and 
 had a iield piece, which 1 presumed was a six pounder. There 
 was also a number of men mounted on horseback, who were 
 armed with swords. They were at the entrance of the town. 
 I remained in the [)osition I had taken up, until the Commo- 
 dore came up with a body of seamen. He halted them some 
 distance in rear of ray division, and came himself uj> to 
 the ground I occupied, and directed me to wheel my men in- 
 to a position which would face the Spaniards. I did so, and 
 again rested them upon their arms. In the course of perhaps 
 fifteen minutes, Lieut. Stribling was observed returning, ac- 
 companied by the Governor of the place and a small number 
 of the inhabitants. I was then directed by Commodore Por- 
 ter to place my men in a situation that would occupy both side?; 
 of the road, and suffer none but those in attendance on the 
 flag to pass me. After this he retired to where the officers were 
 assembled, some distance in the rearofthe marines, and there 
 received the Governor or Alcalde. I know notliing of what 
 occurred there, being at too great a distance to hear. In a 
 short time, I observed the Governor with Commodore Porter 
 and a number of the otficei's approaching me. The Commo- 
 dore gave me orders as he passed, to put the marines in mo- 
 tion and follow him into the town, which I did. After passing 
 the armed Spaniards, I halted upon the outskirts of the place. 
 
30 
 
 The Comrr.odorc observed to roe that he bad been invited in- 
 to the \)\\ce by the Governor, and also the men, to take some 
 retVeshnK'nt after the march ; but said at the same time, that 
 he did not wish to brin;^ all the men in. as he apprelieoded 
 that some excesses might be committed which would put an 
 end to llie peaceable settlement of the business. He, how- 
 ever, told the Governor, throu2;h the interpreter, that if re- 
 freshments wore sent to the beach they should be paid for. 
 After that they parted, as 1 thought, on friendly 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- 
 panying ns down. Refreshments were sent and distributed 
 to the men. We then embarked and returned to the vessels. 
 Comnjodore Porter, with the marines and the Alcalde entered 
 the outskirt'^ of the place, but none proceeded further. 
 
 The Court adjourned till to-morrow morning at half past ten 
 o'clock. 
 
 FRIDAY, May 6th. 
 
 The Court met pursuant to the adjournment of yesterday : 
 present as before, with the exception of Capt. Porter, who 
 was not present. 
 
 Lieut. Piatt was again called. 
 
 Q. How far is the place where the John Adams was left at 
 anchor, from Foxardo ? 
 
 A. About 22 miles. 
 
 Q. At what hour did you leave the John Adams, and at 
 what hour did you arrive at F^oxardo ? 
 
 A. We left the Jolin Adams at midnis^ht, and arrived at half 
 past 7, or h;df past 8. 
 
 Q. To wh.it nation does the Island of St. Thomas belong ? 
 
 A. It is a Danish Island. 
 
 Q. VVhen you left the John Adams, at what time did you 
 calculate to reach Foxardo ? 
 
 A. The intention of the Commodore was to reach Foxardo 
 at sun-rise, as he informed me. We were detained by light 
 winds, and a calm. 
 
 Q. Were the two nine pounders taken and spiked by the 
 marines, or by the sailors who came up afterwards ? and de- 
 scribe as near as you can their position. 
 
 A. I was ordered by the Commodore to spike them, I in- 
 formed him I had nothing tospdce them with. and Mr. Pender- 
 grast 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 tor about one hundred rods, and commanded that 
 part of it. There were no Spaniards there at that time.--' 
 
31 
 
 They had abanJoned them, but they had been manned on 
 my first visit to the place. The guns on the hill were, I un- 
 derstood, long eighteen pounders. 
 
 Q. Were both the Grampui^ and Beagle anchored in a po- 
 sition to cover the landing ? 
 
 A. The Grampus was anchored ofi" the battery, the Beagle 
 in a situation to cover the landing. 
 
 The Court adjoijrned till 12o'clock to-morrow. 
 
 The Judge Advocate informed the Court that he should 
 probably be in possession of more testimony to submit to- 
 morrow. 
 
 The Court adjourned till to-morrow morning at 11 o'clock. 
 
 SATURDAY, 7th May. 
 
 The Court met pursuant to the adjournment of yesterday : 
 present all the member? of the Court, and the Judge Advo- 
 cate. 
 
 The Judge Advocate informed the Court thai he had re- 
 reived a communication from the Secretary ot the Navy, to 
 be submitted to the Court ; which was read, annexed to the 
 record, and marked ( * ) The accompanying documents were 
 also read, the Court reserving all questions as to their com- 
 petency and credit for future deliberation 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 same, the Court 
 was opened, and the Judge Advocate stated that the Court is 
 of opinion that the deposition of Lieut. Barton, dated Feb- 
 ruary rth, 1825, be annexed to the record, which is accord- 
 ingly done, and the paper is marked (H.) 
 
 In regard to the other documents, the Courtis of opinion 
 that many of them are not sufficiently authenticated to au- 
 thorize their reception, without an express and sufficient 
 waiver of all exceptions entered on the record * That some 
 of them appear to be of a confidential character, and their 
 
 *It was the cause of extreme surprise to me, as it was to every by- 
 stander, and as I have no doubt it is to the reader, that such a condi- 
 tion for the admission of the documents on tlie record should have 
 come from the Court. If the documents were pruper testimonji, they 
 Ought to have been admitted witliout any conditions, and if tliey were 
 not testimony, they ought to have been rejected. As to ti>e cliaracter 
 of the documents, whether confidential or otherwise, that was an affair 
 fnr me to consider, and not for the Court. It was one which the Court 
 bad nothing to do witli. The reader having tiie docunieius before him 
 can judge of the projjiiety of the other point of the objection, to wit : 
 " that collectively they present no facts or views calculhted to elucidate 
 the subject submitted to the Court." 
 
 * Nol in my possession. D..P. 
 
32 
 
 contents such, as without afl'ecting this case, oiij^ht not to be 
 exposed to the public eye without necessity : and that collec- 
 tively, they present no facts or views calculated to elucidate the 
 subject submitted to the Court. The Court, therel'ore, di- 
 rect the Judge Advocate to return them to the Navy De- 
 partment as irrelevant. 
 
 The Court adjourned till half past ten o'clock on Monday 
 morning. 
 
 On iMonday the Court agreed upon their report, and trans- 
 mitted it to the Department. 
 
 MONDAY MORNING, May 9rii, ir.25. 
 
 The Court met pursuant to the adjournment of Saturday . 
 present all the members of the Court, the Judge Advocate, 
 and Captain Porter, 
 
 The Judjie Advocate stated to the Court that he had no 
 further testimony to submit to the Court in reference to the 
 subject into which it was directed to make an invetligation, 
 and the other branch of inquiry having been granted at his 
 solicitation. 
 
 The Court was cleared, and proceeded to deliberate upon 
 the course to be pursued, and after some tmie the Court was 
 opened, and the Judge Advocate stated that the Court had 
 determined to proceed in the business which bad already 
 been investigated, and to report to the Department the facts 
 which have been formed in relation to it. 
 
 The record of the proceedings of the Court having been 
 read, the Court was cleared for the purpose of deliberating 
 upon the report to be made to the Department. 
 
 (The Report here comes in, of which I have no knowledge.) 
 
 After the Report had been agreed to and signed, the Court 
 directed it tube transmitted to the Department, accompanied 
 with a letter, informing the Secretary of the Navy that all the 
 business which was before the Court is completed. This 
 being done, the Court adjourned till to-morrow morning at 1 ] 
 o'clock 
 
 To Captain Isaac Cuacncky, President of the Court r>f Inquiry, 
 HOW seltwg at the Kary Yard, Wushin{^lon. 
 
 1 have received the letter of the Judge Advocate, trans- 
 mitting the proceedings of the Court in relation to the land 
 ing of a part of the Naval Forces under the command o( 
 Captain David Porter iu the island of Porto Rico in Novem- 
 ber last. 
 
33 
 
 I am also apprizefl that Captuin Porter has entered his pro- 
 test against the competency of the Court, and dechned taking 
 further part in its proceedings, and that it has nothing before 
 it. 
 
 Circumstances, connected with the inquiry into the man- 
 ner in which the Naval Forces of the United States, under 
 the command of Captain David Porter, were employed in the 
 su[)pression of piracy, render it expedient that thiit inquiry 
 should not fail or he defeated, because the otficer who re- 
 quested it does not think proper to pursue it before this Court. 
 You are therefore, hereby directed, to proceed in tl^e inquiry 
 indicated in the precept, according to its terms, notwithstand- 
 ing the objections taken by Captain Porter. 5f ou will inquire 
 into the manner in which the squadron under the command of 
 Capt. Porter has been employed during the period of his 
 command, and report to this D«partment the facts, and wheth- 
 er the said forces have been employed in the suppression of 
 piracy in the most effective 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 sub- 
 mitted to the President of the United States, for his consid- 
 eration. 
 
 Herewith you will receive a list of the witnesses to whom 
 orders have been given to report themselves to the Court, 
 and such documents as appear to be connected with the sub- 
 ject of inquiry, shall be transmitted as soon as they can be 
 proposed. 
 
 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 practica- 
 ble. 
 
 Given under my hand and the seal of the Navy De- 
 partment of the United States, at the City of 
 [seal.] Washington, this tenth day of May, in the year 
 of our Lord one tliousand eight hundred and 
 twenty-tive, and of the Independence of the 
 United States the forty-ninth. 
 (Signed) SAM'L L. SOUTHARD. 
 
 B. 
 
 Gentlemen of the Court: — Befcjre^ou proceed to inv«s- 
 tigate the subject submitted to you, allow me to make a few 
 remarks on the character of the pregept which authorizt^ 
 
3i 
 
 your forming }i)iir9(!lves into a Court, find the nature of the 
 duties whicli it imposes on you. 
 
 As regards the first cl);irge against me, submitted to your in- 
 vestigation, I have nothing at present to say ; the Secretary 
 of the Navy having preferred it against me, he has a [)erfect 
 right to couch rt in whatever language may appear to him most 
 proper to obtain the end he has in view. The mere statement 
 ofthe charge, however forcible the terms, is no proof of my 
 guilt, anil it remains for me to oppose to it the proofs I have 
 Jn my possession, suflicient, I trust, to show that my conduct 
 in lanchng 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 under my command, to notice the manner in which the 
 second subject is submitted to your investigation, to wit ; the 
 carrying of specie, &c. You will perceive that it is admitted 
 in tbp 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 ofthe Navy of the 2d of March, is in the tbilovving 
 words : 
 
 " Having this day seen in a print several letters from Mr. 
 Thomas Randall, anri Mr. John Mountain, commuiiicated 
 ilirough the State Department to Congress, and highly injuri- 
 ous to the character of myself and other oflicers 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 injurious remarks they have 
 elicited on the lloor of Congress.'' 
 
 \ ou will perceive by a perusal ofthe precept, that your at- 
 tention is not directed to the inquiry asked for by me : You 
 fuid nothing said of the particular documents referred to, or 
 the persons named in my application : You are not directed 
 to inquire how fir facts will justify ilieir statements <ind remarks, 
 and the injurious remarks they have elicited 07i the Jloor oJCon- 
 gress. You are, in fact, not directed to extend the inquiry 
 so as to ascertain how far others, as well as myself, were im- 
 plicated in tran>;artions, which, iflrue, were highly disreputa- 
 ble to all concerned ; but you are simply required to ascer- 
 tain whether the Naval tbrce in the \Vest Indies and Gulf of 
 Mexico were employed to the best advantage; whether it was 
 not em[)loyed in the transportation of specie and in other ob- 
 jects of inferior moment, to the neglect ofthe public interests. 
 I beg you to compai e the charge as it stands in the precept, 
 <Aith my request, and say if you can find the slightest resem- 
 
3^ 
 
 blance between them. I am not very particular as to tlie 
 manner in which this charge has been woidecJ, hut as some of 
 the vessels under my command have been " em(doyed in the 
 transportation of specie and (perhapsj in otiier objects of infe- 
 rior moment," all of which, 1 trust, my orders from the Sec- 
 retary of the Navy made necessary. Your decision in the 
 negative or atHrmative, can therefore have no bearing on the 
 innocence or guilt of myself and those under my command. 
 
 The que^tion, had it lieen submitted to you as was intt nd- 
 ed by me, would have been simply this : has Captain Porter 
 and the olFicers of the West India Squadron basely neglecteii 
 their duty, and sacrificed the public interests as charged by 
 Messrs. Randall and Mountain; and do they deserve the stric- 
 t^ares which have been passed on them on the floor of Con- 
 gress ? 
 
 The question, as it now stands in the precept, may require 
 you to investigate the propriety of the orders issued from the 
 Navy Department, but its decision can have no bearing on the 
 conduct of those who acted in obedience to them. My motive 
 in asking for this inquiry was for the sole purpose of justify- 
 ing myself and others under my command, against the charg- 
 es of Messrs. Randall and Mountain, and the illiberal remarks 
 they gave rise to. I had no wish to pry into the conduct or 
 motives of the Secretary of the Navy, or to im})licaie him by 
 any investigation touching his otiicial conduct. I have never 
 doubted the propriety ot the orders he gave me, nor do I 
 doubt it now ; but as the question submitted to you stands, the 
 result must necessarily be a decision as to their propriety ; a 
 decision I have never asked for, and with which I have no- 
 thing to do. To me it matters little whether the orders I act- 
 ed under were in conformity with the laws for the suppres- 
 sion of piracy or not ; it is only necessary for my justification 
 to shew that 1 acted in strict obedience to the orders 1 receiv- 
 ed ; let those who issued them, if there is any thing wrong in 
 them, answer lor the rest. 
 
 Messrs. Randall and Mouatain are understood to have said, 
 that myself, and others under my command, have neglected 
 the duties which were confided to us to the discredit of the 
 Navy and the nation ; to the injury of the property, and to the 
 sacrifice of the lives of the citizens of the Unit d States, for 
 tiie sole purpose of benefitting ourselves by the transportation 
 of specie. If what those gentlemen say of us is true, we are 
 not only unworthy of holding commissions in the Navy, but 
 are deserving the severest punishment a court martial can sen- 
 tence us to receive : and if we are not guilty, we should not 
 ronjy be pronounced innocent, but our slanderers and calum- 
 
36 
 
 iiiiiiors !-liftuld be exposed to the world as men uuworth;y of 
 coiiliHence. 
 
 Il becomes then a question ofcharacter ijelween them and 
 Qs. If (hey prove their charges, tliey deserve well of theii' 
 country for exposing us, and we muft sink and deservedly; if 
 we acquit ourselves of them, they will no longer be worthy 
 ofconsideration. 
 
 Tiie question then should have been stibmitted to you in 
 all its bcarinjis in strict conlbrniity with the language of the 
 request which produced the order for the inquiry ; and had 
 this been done, you would have been able to have come to a 
 satisfactory conclusion ; but confining yourself to the subject 
 as presented to you in the precept beibre you, there can be no 
 decision touching the points at issue between Messrs. Randall 
 and Mountain, and myself and officers. 
 
 I have taken the liberty to make these remarks at this early 
 period, with the hope that you would, by applying to the Sec- 
 letary of the Navy, obtain a revision or modification of the 
 precept, so as to enable you to reach the object which in- 
 duced me to ask the inquiry, or at least that such measures 
 might be taken as may seem to you expedient to enable you to 
 ellect the purpose which caused me to make the application 
 for an investig.itioi) of the truth of the charges. 
 
 I beg the Court to be persuaded that these remarks and 
 this request originate in no wish to embarrass or throw dif- 
 ficulties in the way of the inquiry, hut from a sincere desire 
 that the accusers may have every opportunity of proving their 
 ( harges, and the accused the advantage of rebutting them ; 
 that truth may be made krown,and justice obtained : the only 
 end and object, it is presumed, of the investigation. 
 
 It was not my intention to make, under any circumstances 
 whatever, objections to any member who the Secretary of the 
 Navy might think proper to order on this Court, and even now 
 I should waive all obj, ctions, was my conduct alone the sub- 
 ject of inquir} ; 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, as asked for by me, it is a duty 1 owe to others 
 to guard, by every means in my power, against a decision 
 injurious to them. 
 
 It ha>: not escaped your observation, that there are (wo mem- 
 bers of this Court junior to me. 'J'his, however, at first sight, 
 may not, by many, be considered a reasonable ground of ob- 
 jection, as the act for the better government of the Navy only 
 requires three commissioned oflicers and a Judge Advocate to 
 constitute a Court of Inquiry ; but 1 think it must be api)arent 
 
31 
 
 that the intention of the framers of the law wa? that with the 
 exception of the difference of the numbers which compose 
 them, Courts of Inquiry shouhl be regulated and governed on 
 the same principles a? Courts Martial. 
 
 A Court Martial may consist of from five to thirteen mem- 
 hers ; but it is required that not more than one half of the mem- 
 bers, if it can be avoided, shall be junior to the otficer tried. 
 This rule, no doubt, was intended to prevent the interested 
 feelings of the junior members from operating (o the preju- 
 dice of the oflicer to be tried ; and the same rule should in 
 justice govern Courts of Inquiry. Courts of Inquiry having 
 the same power to summon witnesses, administer oaths, and 
 punish contempt, it was evidently the design that they should 
 be similarly constituted. By every rule and principle ofjus- 
 tice, the accused should be tried by disinterested jurors, orat 
 least a majority of them. Will it be contended that, because 
 the law requires three commissioned officers to constitute a 
 Court of Inquiry, that three commissioned officers from any 
 of the subordinate classes would be a sufficient Court to in- 
 vestigate and report on the conduct of the commander of a 
 squadron ? Lieutenants, Pursers, Chaplains, Surgeons, and 
 1 believe Surgeons' mates, are commissioned officers ; but 
 surely it will not be asserted that a sufficient Court for the in- 
 vestigation of my conduct could be formed of these classes. 
 It was, therefore, evidently designed, that only such commis- 
 sioned otlicers as may legally set on a Court Martial can set 
 on a Court of Inquiry, and that Courts of Inquiry should not 
 ©nly be similar in their organization, but also formed of the 
 same materials as Courts Martial. With this view of the sub- 
 ject, I feel that I should not do my duly to others, consider- 
 ing the fearful odds I have to contend against, if I did not 
 submit to the Court, whether with a majority junior to my- 
 self, it can legally proceed to investigate my conduct. That 
 the Court is Ibrmed agreeable to the ictter of the law, I cannot 
 deny, nor could 1, were it formed of any of the subordinate 
 classes I have mentioned. But ivhether it is formed accord- 
 ing to its spirit and intention, and on principles of strict justice, 
 is the question I beg leave to submit to you. 
 
 C. 
 
 (Copy.) 
 
 Navt Yard, Washington, Jlfa^ 2(i, 1825. 
 
 Sir : I am instr-icted by the Court of Inquiry, convened 
 to investigate the conduct of Captain David Porter, to inlbrui 
 
38 
 
 you, that the Court was this day organized in pursuance ot 
 the precept in the case, and (hat after the njcmliers were (hi- 
 ly sworn, Capt. Porter read to the Court a certain paper 
 herewith trans .litted for your consideration. You will per- 
 ceive that an exception is taken to the Court itself, as not 
 composed of competent members. This objection appUes to 
 a majority of the Court, and they consecjuently feel a deli- 
 cacy in determining a question involving their own competen- 
 cy. The (/Ourt, therefore, has deemed it coireet to submit 
 the questions thus raised to your determination, and to ad- 
 journ the Court for the purpose of obtaining jour opinion 
 before proceeding in the investigation. 
 Very respectfully, your obedient servant, 
 
 (Signed) HlCHAhD S. COXE, Judge Mvocate. 
 Tlic Hon. Samuel L. Southard, ISecrelarij of Ike J^acy. 
 
 D. 
 
 (Copy.) 
 
 Navv Department, 3d May, 1825. 
 
 Sir : Your letter of yesterday's date, connnunicating the 
 paper submitted to the Court by Captain D. Porter, has 
 been received. 
 
 If it was the intention of Captain Porter to present a chal- 
 lenge, or offer a specific legal exception to any member, 
 the proper tribunal for its decision was the Court itself — the 
 proper time was, before the members were sworn. If, as is 
 presumed, he designed to complain of the manner in whicb 
 ihe Court was con)posed, as unjust or illegal, he ought, be- 
 fore the meeting of the Court, to have aj)plied to the De- 
 partment, which alone possessed the power of affording a 
 remedy. A copy of the prece[)t, stating the names of the of- 
 cers who were to compose the Court, and the objects of in- 
 quiry, was furnished to him on the 20th day of April last. 
 
 As, however, you have " deemed it correct to submit the 
 question raised" by Captain Porter to " my determination," 
 it is proper to add, that the opinion of the Department, as to 
 the legality of constituting the Court, with three captains of 
 the same rank with Captain Porter, one being senior, and two 
 junior to himself, was necessarily expressed in the very act 
 which created and convened the Court. And no argument 
 is discovered in the paper submitted, calculated to change 
 that opinion. 
 
 As it is not supposed that the Court possesses the power to 
 decide on the form of the precept, the oI)iects for which it 
 should have been convened, or those into which it would be 
 
proper to inquire, the reason and design of the commcn! 
 which IS made on the form and words ot the precept is not 
 distinctly perceived, and may he totally misapprehended. 
 
 If its foim seemed incorrect to Captain Porter, or not cal- 
 culated to meet the ohjects which he had in asking for an in- 
 quiry, the Department, which alone possessed the power to 
 alter the f)rm of the precept, and change the scope of the 
 investigation, qught to have been addressed on the subject. 
 
 The President of the United States, having thought pro- 
 per to order an investigation into ihe transactions at Foxardo, 
 it was the duty of the Department so to frame the precept 
 as to meet th;it object ; and it is believed that the Court will 
 find no dilficulty in comprehending what is directed on that 
 point. 
 
 The inquiry relating to some other parts of the conduct of 
 Captam Porter, while commanding the squadron in the West 
 Indies, was granted at his request, and was intended to be so 
 general as to permit him the utmost latitude in proving what 
 hud been his conduct 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 
 suthciently 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 di- 
 recting the Court as to accomphsh his object. The defect on 
 this point, if one exist, is not perceived. It was not 
 the intention of the Department, at the suggestion or solici- 
 tation of Captain Porter, to direct the Court to inquire into 
 the conduct of other officers, of whose actions the Depart- 
 ment saw no cause to complain ; who had not asked for any 
 inquiry ; and for whom, it was not perceived, that he had any 
 authority to demand it. Much less was it the intention of the 
 Department, 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. Willi this view of the matters contained in the 
 papers submitted, the Department has only to direct, that the 
 Court, constituted as it is, proceed to make the inquiry direct- 
 ed by the precept. 
 
 I am, respectfully, Lc. 
 
 (Signed) SAML. L. SOUTHARD. 
 
 Richard S. Coxe, Esq. 
 
 Judge Advocate of the J^aval Court of Inquiry, at the A'avy Yard, 
 fVasMvgtiiH, 
 
40 
 
 E. 
 
 Gentixmen or the Court : Before proceeding to the 
 examination of any ivitness in my defence, I must bfg leave to 
 enter my protest against the decision of the Secretary of the 
 Navy, as regards tlie legahty of the formation of the Court. 
 A question ofhiwand justice, on which the Court, either 
 from incompetencij or dehcacy, are unwilling to come to a de- 
 cision, should not he decided on by the officer with whom the 
 illegality and injustice complained of is supposed to have oii- 
 ginated. A question of the importance of the one sul)rnitted 
 to you, I was impressed with a belief at the time of present- 
 ing it, would be, and RHi still of the opinion should be, sub- 
 mitted to the Attorney General of the United States, if the 
 Court from any cause was unwilling to take the responsibili- 
 ty on itself. And in order that I may not be supposed to have 
 "■iven my assent to any circumstance which by any tribunal 
 hereafter may be supposeil to vitiate the legality of your 
 proceedings, I must beg leave to decline taking any part 
 whatever in this investigation, until the question 1 have sub- 
 mitted to you is decided on by competent authority. A ques- 
 tion, not originating in any captious disposition on my part to 
 create dirticulties, as it would appear from the quotations in 
 the Secretary's letter, is suppos d to be the case, but from 
 a sincere desire that every proceeding in the 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 lime taken to state my objection, the Court will 
 no doubt recollect that the error did not originate with me. — 
 I apprized the members assembled before its formation. 
 of my intention, and adopted the time suggested to uie by the 
 Jud"e Advocate. But even if an error hail been committed 
 by me, merely in point of form, is it just, considering all cir- 
 cumstances, that the parfi/ opposed to me >hould avail itself oi 
 this error to my disadvantage, when no intimation whatever 
 of the error was made to me at any time, either by the Court 
 or its law adviser. That I did not apply to the Department 
 before the meeting of the Court, to remedy the evil com- 
 plained of, scarcely needs an explanation — if it docs, you 
 have it now , in the decision of the Secretary. 
 
 I feel it due to myself in making this protest, to place on 
 the record my reply to the intimation that the precept would 
 have been changed on my application before l!ie meeting of 
 the Court. You have already been made acquainted with 
 the l.iiigu.ige used in my application for the investigation 
 sought for by me ; it is therefore unnecessary to repeal it. — 
 
41 
 
 The Secretary, in what purports to be his reply, dated oji 
 the IGth of March, states as follows : 
 
 " It has become my duty to apprize you of the determina- 
 tion of the Executive, that a Court of Inquiry will be form- 
 ed, as soon as circumstances will permit, to examine into the 
 occurrence at Foxardo, which was the occasion of your re- 
 cal, and also to comply with the request contained in your 
 letter of the 8th inst." 
 
 I must observe that I understood the Secretary to mean, by 
 the letter of the 8th, my letter of the 2d, as I never made 
 any request of him in any letter of that date, relating to any 
 subject submitted to you. Confiding in the assurance of his 
 reply, I was greatly surprised at the wording of the precept, 
 and 1 must leave you to decide, whether, after it had been is- 
 sued, the Court was not the proper medium through which I 
 was bound to communicate with the Secretary. 1 will fur- 
 Ither remark that, m the letter accompanyingthe 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 
 jincur 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. 
 
 Note. The words italicised and marked, were made by tlie Court as 
 disrespectful. D. P. 
 
 F. 
 
 Washington, May 5th, 1825. 
 
 Gentlemen of the Court : Having carefully perused the 
 paper commented on by the Court, on account of which it 
 has thought proper to pass censure, and not being able to de- 
 tect in it a single expression which bears the construction the 
 Court has thought proper 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 disre- 
 spectful, the word incompetency, as used by me in relation to 
 it, I beg to state distinctly, that the word was not used 
 in regard to intellectual incompetency, and in no other sense 
 could it be offensive ; but with respect to its legal incompeten- 
 cy, (in the opposite sen?e in which the Court itself applied 
 
42 
 
 the word competency) which was supposed to be admitted 
 when the subject was relerred to the Secrelary for his deci- 
 sion. Dehcacy 1 did not conceive to be the only motive for 
 the course tak;Mi by tlic Court, as I did not l»i heve it a suf- 
 ficient and satisfactory ono ; bein<; under the impression that it 
 was tlie duty of every ollicer to pnrform the service contid- 
 cd to him, however dehcate, provide I it be loj^al. 
 
 The dechning to make a derision on my first apphcation, 
 and referring the subject to the Secretary of tlie Navy, was, 
 as 1 supposed, an admission oi the incompetency of the Court 
 to decide, or a voluntary relinquishment of its right, if it pos- 
 sessed it, — a ria;ht which I am of opinion the Court cannot 
 a<;ain resume, after the opinion of the Secretary is at its re- 
 quest made known. If the Court had the right to decide in 
 the first instance, no dehcacy shouki have prevented its deci- 
 sion ; but, rehnquishing its right, 1 am under the impression 
 it cannot resume it to decide now as to its legahty. and I cannot 
 acquiesce either in a power to decide tiie [U'opriety of the de- 
 cision it has come to, or the rule it has established with regard 
 to the course it has thought proper to adopt toward me. If I 
 am not permitted to appear b»;fore the Court on terms of perfect 
 equahty with my accusers, whoever they be, and to de- 
 fend myself in the way which may appear to me the most 
 proper, (always observing due respect to the Court and the 
 Secretary,) 1 must in justice to myself decline offering any 
 defence which may be liable to be weakened by an interposi- 
 tion on the part of this or of any other tribunal. 
 
 VVith this remark, 1 beg leave to adhere to the determina- 
 tion expressed in the paper on which the Court has animad- 
 verted with so much, and I think, with such undeserved se- 
 verity. 
 
 1 have the honour to return to the Court a copy of the pa- 
 per coMimentcd on, underscored, and marked by it as objec- 
 tionabhj ; together with a copy as it was submitted by me to 
 the Court. 
 
 I have the honour to be. with sentiments of the highest re- 
 spect, the Courts very obedient servant, 
 
 D. PORTER. 
 Tlic President and Members of the Court of Inquiry now in session. 
 
J3 
 
 DOCUMENTS. 
 
 (Copy.) No. 1. 
 
 U. S. Ship John Adams, Passage Island, JVovember I5th,li24. 
 
 Sir : I have th<^ honour to inform you that, on m_y arrival at 
 St. Thomas's, I wa-; informed that Lieut. Comdt. Piatt, of the 
 United States' Schooner Beagle, who had visited Foxardo, a 
 Town on the east coast of Porto Rico, about two miles from 
 the sea, for the purpose of making inquiries respecting a quan- 
 titj'ofdry 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 llico, 1 proceeded to 
 this place where I left the ship, and takm.; with me the schoo- 
 ners Grampus and Beagle, and the boats of the John Adams, 
 with Capt Dallas and part of his officers, seamen, and ma- 
 rines, proceeded to the port of Foxardo, where, tiuding pre- 
 parations were making to fire on us from the battery on shore, 
 1 sent a party of Si amen and marines to spike the guns, which 
 was done in a few minutes, as the^Spaniaids tied on the land- 
 ing of the party. I then landed with two hundred men, and 
 inarched to the town, spiking on the way the guns of a small 
 battery placed for the defence of a pass on the road, and 
 reached the town in about thirty minutes after lauding. I 
 found them prepared tor defence, as they had received inti- 
 mation from St. Thomas's of my intentions of visiting the 
 place. I halted about pistol shot from their forces drawn up 
 on the out skirts of the town, and sent in a flag requiring the 
 Alcalde or Governor, with the Captain of the port, the princi- 
 pal offenders, to come to me to make atonement for the out- 
 rage, giving them one hour to deliberate. They appeared 
 accordingly, and after begging pardon (in the presence of all 
 the officers) of the officer who had been insulted, and expressing 
 great penitence, 1 permitted them to return to the town, on 
 their promising to respect all American officers who may visit 
 tbem herealter. 
 
 We then returned to the vessels and left the harbour, after 
 
44 
 
 being at anchor three hours. As we were getting under 
 weigh, a number of persons appeared on the beach, bearing 
 a white flag, and having with them some bullocks and a num- 
 ber 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 respected hereafter, than they have been by the authori- 
 ties of Porto Rico. 
 
 Every ofTicerand man on this occasion, conducted themselves 
 in a manner to meet my entire approbation. 
 
 I have the honour to be your obedient servant, 
 
 (Signed) D. PORTER. 
 
 Hon. Secretary of the J^avy. 
 
 (Copy) No. 2. 
 
 U. S. Ship John Adams, Thompson's Island, Jamiary \sl, 1825. 
 Sir: I have the honour to transmit you copies of the state- 
 ments made to me, which induced me to take the step I did, 
 as rejiards the Spanish authorities at Foxardo. 
 1 have the honour to be, your obedient servant, 
 
 (Signed) D. PORTER. 
 
 Hon. Sam'l L. Southard. 
 
 (Copy) No. 3. 
 
 U. S. Schooner Beagle, Sfc Thomas's, IWAAodV, 1824'. 
 
 SiR : At 10 in the morning of the 26th of October last, I re- 
 ceived intelligence that the American Consul's store had been 
 forcibly entered on the preceding night, and robbed of goods 
 to the amount of |^5000. With this report, the American Con- 
 sul requested me, provided it would prove consistent with my 
 duties, to 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. Tho- 
 mas, to have proceeded to the port of Foxardo, 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 piratical sloop 
 rigged boat to leeward, that had been for some time past in- 
 festing the coast. This information induced me to alter my 
 course and steer for the west end of Crabb Island. At 10 
 
45 
 
 A. M. discovered a sloop beating to windward, and the small 
 sloop rigged boat standing from the land : at 10 50 tired a shot 
 to bring the sloop to ; at 10 55 tired again, she hove about and 
 stood for the land ; spoke the sloop — from St. Croix, bound 
 to St. Thomas — made all sail for the sloop boat, which tun 
 into Bay, and her crew abandoned her : at 1 1 15 came to, 
 
 and took possession of the deserted boat ; at 1 1 45 made sail, 
 and stood for the S. E. end of Porto Rico, and at sunset came 
 to in the harbour of port Foxardo. 
 
 On the morning of the 27th, a creole visited me from shore, 
 who bore an invitation from the Commandant to roe 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 character of citizens. On my reaching the 
 shore, the register of my vessel was demanded ; I explained 
 the object of my visit and the policy of appearing in disguise ; 
 this, however, proved of no avail ; I was not allowed to pro- 
 ceed to Foxardo. 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 Foxardo, and ex- 
 plained, 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 protfered 
 us every assistance. Having made a few inquiries in some 
 of the retail stores which had an immediate tendency to bring 
 to light any who may have been engaged in this tratfic, we 
 received a positive order to repair to the Alcalde's house, 
 where we were also received by the Captain of the port, who 
 damn'd us as pirates^ and requesting of me register, papers, 
 &c. 1 stated 1 possessed no register, 1 carried no papers, 
 other than my commission, and that of ray ollicers. We were 
 seized as cul[)ri(s and conveyed to prison. To satisfy them 
 of my real character, of which they pretended they had no 
 positive proof. I consented, though repugnant to my feelings, 
 to have my commission sent me ; after its production, they 
 declared it a forgery, and again remanded us to prisnn, declar- 
 ing he would not release us until he had heard from St. John's. 
 I then demanded to know what was further required? the re- 
 ply was, " Your appointment as Lieutenant Commandant of 
 that vessel is what you must produce." I, 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 harmo- 
 
46 
 
 Dy existing between the respective governments, I produced 
 my Hppointinent as Lieutenant Cominaridant. A council of 
 ollicers was called with other citizens of the place, who, after 
 having heaped upon us the most shameful outrages, permit- 
 ted us to depart on hoard. 
 
 1 have the honour to be, respectfully, your ob'dt servant, 
 (Signed) CHARLES T. PLATT. 
 
 Lieut. Coni^dt. U. S. Schooner Beagle, 
 ToCommo'e David roRXER, U. S. JV. 
 
 • (Copy) No, 4. 
 
 St. Thomas, 12th Kov. 1824. 
 
 Sir : I have the honour to inform you that the store of Ca- 
 bot, Baily & Co. was broken 0})eii on the night of the 24th 
 ult. and property to a considerable amount stolen ; and hav- 
 ing strong reasons to believe that the robbery was committed 
 by a gang of thieves who harbour in the island of Porto Ri- 
 co. 1 communicated the same to Capt. Piatt, of the (J. S. 
 schooner Beagle, who very promptly offered to go there in 
 pursuit of tliem, and started for Foxardo on the morning of 
 the 25tb, with a pilot which i furnished him, and a young man 
 from the counting house, with a description of the goods, and 
 a letter of introduction to Mr. Juan Campos, from one of the 
 most respectable houses in this place, and well known in that 
 quarter. 'The manner in which Capt. Plait was received and 
 treated, has no doubt been communicated to you by him. 
 
 I beg leave to enclose a letter from Messrs. Bergeest i,; 
 Ublhorn, contirming the facts of the late robberies in this Is- 
 land, having in most instances been traced to the quarter of 
 Porto Rico, where Capt. I'latt went. 
 
 1 have the honour to be, sir, your most obedient servant, 
 
 STEPHEN CABOT, 
 U. S. V. Consular Agent. 
 To Coinir.o'c David Porter. 
 
 (Copy) Ko. h. 
 
 Sir: At the reipiest of our friend Mr. Stephen Cabot, we 
 beg leave to state to you some tacts relative to the robberies 
 lately committed in this Island. 
 
 Our own store, and amongst others, those of our neigh- 
 bours, Messrs. Ellis, Gibson & Co. Jno. Kettell, Esq. Robert 
 Alexander, Esq. Saubot Joubert &. Co. were forcibly broken 
 open, property to a very large amount stolen, and a consid- 
 eral)lc part of the goods traced to Naguabo, near Foxardo ; 
 
47 
 
 in consequence of which, and the circumstance that about ton 
 tlays previous to the robbery committed in the r^tore of Messrs. 
 Cabot, B;iiiy &, Co a gang of desperate thieves made their es- 
 cape from the prison at the city of Puertorico, as also that ev- 
 ery search had been ma<le 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 recom- 
 mend to those gentlemen sending down a person to Foxardo, 
 as being probable the means of tracing the robbers. 
 
 Desirous of assisting our friends, Messrs. Cabot, Bai'y & 
 Co. in this object, we gave one of their clerks, and who, we 
 understood, was to go down to the U. S. schooner Beag'e, a 
 letter of recommendation to our friend, Mr. Juan Campos in 
 Foxardo, who had on former occasions of the same nature, 
 been the means of discovering the property and perpetrators, 
 namely, 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 & UHLHORN, 
 St. Thomas, Wth November, 1824. 
 To Commo'e David Porter. 
 
 (Copy) No. 6. 
 
 Navy Department, 21th Dec. 1824, 
 
 Sir : Your Icttrr of the 15th November last relating to the 
 extraordinary triinsactions at Foxardo, in the Island of Porto 
 Rico, on the of that month, has been received and con- 
 
 sidered. 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 unnecessary delay to this 
 place, to furnish such explanations as may be required, of ev- 
 ery thing connected with their cause, origin, progress and 
 termination. For that purpose you will bring with you those 
 officers whose testimony is necessary, particularly Lt. Piatt, 
 and such written evidence as you may suppose useful. 
 
 You will return in such convenient vessel as ma^ be best 
 spared from the squadron, and on your leaving the station, 
 you will deliver the command to Captain Warrington, with all 
 such papers, instructions, and information, as may be useful 
 to enable hina in the most effectual manner to accomplish all 
 
48 
 
 .tlie objects for which the vessels now under your command 
 were phiced there. 
 I am, verv respectfully, &c. 
 
 SAM'L L. SOUTHARD. 
 Commo'e David Porter, Commanding U. S. J'^aral Forces, 
 IVtsl Indus, Gulf of Mexico, i^c. 
 
 (Copy) 
 Navy Departmewt, ISith December, 1824. 
 
 Sir : I have thought proper to relieve Captain Porter. — 
 You will proceed to the Constellation, if ready, if not ready, 
 in the Shark, with all despatch to Thompson's Island, and 
 if Captain Porter be not there, to such place as you may 
 be induced to believe you will be most likely to find him. If 
 on your passage to Thompson's Island, you receive informa- 
 tion where he is, you are at liberty to change your route ; 
 the object being to find him as early as possible. 
 
 You will deliver the letter directed to him, and on his leav- 
 ing the station, receive from him the command of the squad- 
 ron with such papers and instructions as he may furnish. You 
 have enclosed copy of the original orders to Captain Porter, 
 dated 1st Feb. 1323, with extracts from others. You will 
 take them for your guide, and follow their directions. It is 
 coolidently expected that you will exhibit zeal, caution, and 
 perseverance, in discharge of your duties. 
 
 I am, very respectfully, 
 
 (Signed) SAM'L L. SOUTHARD. 
 
 Capt. Lewis Warri\gton, JVor/b?t, Fa. 
 
 (Copy) 
 U. S. Ship John Adams, Thompson's Island, Jan. 30th, 1825. 
 
 Sir : I have the honour to acknowledge the receipt of your 
 orders of the 27th ult. informing me of your reception of 
 mine of the lath of Nov. relating fo what you have been 
 pleased to term " the extraordinary transactions at Foxardo," 
 and recalling me from my command for a full investigation of 
 my conduct in that affair. 
 
 Agreeable to your orders, I shall leave this place for Wash- 
 ington " without unnecessary delay," and have taken mea- 
 sures to obtain all the testimony necessary, and such written 
 evidence as 1 suppose useful : and on my arrival in the Uni- 
 ted States, shall hold myself ready to justify ray conduct in 
 every particular, not only by the laws of nations and of na- 
 
49 
 
 ture, 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 hu- 
 manity," 1 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 forcible detention of an American otli- 
 cer, while in the performance of his duties. " There will 
 need," continues Mr. Adams," no citation from printed trea- 
 ties on international law, to prove the correctness of this 
 principle. It is engraved in adamant on the common sense 
 of mankind ; no writer upon the laws of nations ever pre- 
 tended to contradict it ; none of any reputation or authority 
 ever omitted to insert it." I am willing, sir, to submit my 
 conduct in this aft'air to the strictest investigation, and if 1' 
 cannot fully justify it, I shall cheerfully submit to the severest 
 punishment that can be intlicted ; but if it shall appear that 
 the motives which influenced me were founded in patriotism, 
 that the necessity for my conduct really existed, and that '' my 
 vindication is written in every page of the law of nations, as well 
 as the first law of nature, self-defence," I shall then hope that 
 atonement will be made for this forcible withdrawal for an al- 
 leged oflence, from my command, by restoring me to my for- 
 mer station, and allowing me to retire from it in a manner 
 more honourable to myself and my country, and less injuri- 
 ous to my feelings and character. 
 
 This, sir, will be an act of justice that I hope will not be 
 denied to me. 
 
 I have the honour to be, with great respect, your obedient 
 servant, 
 
 (Signed) D. PORTER. 
 
 Hon. Samuei. L. Sodthard, Secretary of ike Navy. 
 
 (Copy) 
 
 WASHi\GTfoN, March Isl, 1825. 
 
 Sir : I have the honour to inform you, that in obedience to 
 your orders, I have come to this place, and 1 now await your 
 further directions. 
 
 With great respect, your obedient servant, 
 
 (Signed) D. PORTER. 
 
 Hon. Samuel L. Southarp. 
 
THl 
 
 IJ. 
 
 (Copy) 
 
 RiAniNE JJAKRACKS, 
 
 Allenton, Thompsoii's Island, Fib. dth, 1825. 
 
 I, Tlionias B. B;»rton, first lieutenant of Marines, in the 
 service of the United Slates, and commanding the Marines ou 
 this station, do make the following statement of facts in rela- 
 tion to the proceedings of Cotnmodore David Porter, com- 
 mander in chief of the naval forces of the United States, ia 
 the Wojit Indies, &c. at Foxardo. in the Island of Porto Rico, 
 in the month of Noveinher, 1824. 
 
 The U. S, schooner Grampus, hearing the broad pendant 
 of Commodore Porter, with the U. S. scliooner Beagle in 
 company, arrived in the harbour of Foxardo on the I 4th of No- 
 vember, I824,al)outG o'clock, A. M. I wasa passenger in the 
 Grampus. Both vessels entered the harbour with the U. 8. 
 ensign dis|)laycd. We had scarcely let go our anchor, which 
 was done directly opposite a two gun battery on the summit 
 of a hill, elevated perhaps eighty feet above the level of the 
 ocean, when I [terceived twenty or more men in the battery, 
 loading and training tlie guns in the direction of the Gram- 
 pus. I soon after received orders through Lieut Sloat, Com- 
 mandant of the schooner, to be in readiness to command the 
 Maiine guard attached to her, fourteen in number, and to 
 proceed in the launch, the largest boat of the Grampus, with 
 Lieut. Pendergrast, her first lieutenant. The latter o/Ticcr 
 received the lollowing orders in substance from Commodore 
 Porter, in niy presence. To proceed in the direction of the 
 two 2;un battery, dirertiv opposite, and land the men under his 
 command at as little hazard as possible — to t.ike the battery, 
 spike the guns, and destroy the ammunition ; and then pursue 
 the direction of the main l)ody, under the command of the 
 Commoflore in person. Lieutenant Pendergrast was partic- 
 ularly ordered not to fire a gun, unless he met with resis- 
 tance ; and not to permit the men to commit any depredation 
 upon persons or property. We then pulled ofi" from the 
 Grampus, in a direction for the battery, and perceiving that 
 they were training their guns, one to bear on the Grampus, 
 and one on our launch, we made the i)ost of our way to elfect 
 a landing in (he rear of the foit, which we succeeded in 
 doing in so short a space of time, that they could not 
 brinjr the gun to bear on us, which they were using every 
 exeition to do, 
 
 llaAiiiir snrcteded in landing in rear of the battery, we 
 mounted the hill with muskets, pistols, and cutlasses, and dii- 
 
5! 
 
 rovered the works to be that moment deserted by the Span- 
 iards. We took quiet possession, and found two long eighteen 
 pounders, one of them charged tvith a cartridge of powder, 
 a round shot, and a cannister tilled with grape shot, musket 
 balls, and spikes, the gun primed, and a lighted match placed 
 near it. The other gun was partly charged, but was desert- 
 ed before the loading of her was completed. Agreeably to 
 orders, we spiked the guns with files ; and finding one or two 
 charges of powder, and a cannister with grape, musket balls, 
 and spikes, along side one of the guns, the ammunition was 
 destroyed. After having secured tiie battery conformably to 
 orders, we re-embarked in our launch, and proceeded in the 
 direction of the main body, which had landed near the road 
 leading to the town of Fox.irdo. After we reached the 
 landing, I was ordered by Commodore Porter to remain with 
 a guard under my command, to protect the boats during his 
 absence with the main body ; and I was particularly ordered 
 to permit no man of my guard, upon any consideration, to 
 commit depredations upon the inhabitants or their property ; 
 which order was obeyed. 
 
 (Signed) THOS. B. BARTON, 
 
 Lt. Com. Marines, 
 Sworn before me this 7th of February, 1825. 
 
 (Signed) JNO R.MIFFLIN, 
 
 A Justice of the Peace in and for the County Monroe^ Terntory of 
 Florida, 
 
 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 
 furtlier provision for punishing the crime of piracy. 
 
 Sec, 3. Jlnd be it further enacted, That if any person shall, 
 upon the high seas, or in any open road-stead, or in any ha- 
 ven, 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 tlie lading thereof, such person shall be adjudged 
 to be a pirate; and being thereof convicted before the Cir- 
 cuit Court of the United States for the District into which he 
 shall be brought, or in which he shall be found, shall sutler 
 death. And if any person engaged in any piratical cruize or 
 enterprize, or being of the crew or ship's company, of any 
 piratical ship or vpssel, shall land from such ship or vessel, 
 and on shore shall commit robbery, such person shall be ad- 
 judged a pirate, and on conviction thereof before the Circuit 
 Court of the United States for the district into which he shall 
 be brought, or in which he shall be found, shall suffer 
 
52 
 
 tlealh : Provided, That nothing in this section contained shall 
 be construed to deprive any particular state of its jurisdic- 
 tion over such ofiences, when committed within the body of 
 a county, cr ;Mi(hf>iize the Courts ol tlic Lnittd States 
 to try any such offenders, after conviction or acquittance 
 fur the same offence, in a State Court. 
 
 H. CLAY, 
 Speaker of the House of Representatives. 
 JOHN GAILLAHI), 
 President of the Senate, pro tempore. 
 Washington, May 15, 1820. Apphdvkd, 
 
 JAMES MONROE. 
 
53 
 
 DEFENCE. 
 
 Having been displaced from my command, by order of the 
 Secretary of the Navy, to furnish such explanations as may be 
 required of every thing connected with the cause, origin, pro- 
 gress, and termination, of my " transactions " at Foxardo : I 
 must refer to the letters of Lieut, Piatt, Mr. S. Cabot, and Mr. 
 Bergeest, for the origin ; to my letter to the Governor of Fox- 
 ardo, and my official report to the Secretary of the Navy, for 
 the progress and termination ; and to the follovping explanation 
 for the cause. 
 
 I rest my justification on the Laws of Nations and of Nature, 
 highly approved precedents, and the orders of the Secretary 
 of the Navy. 
 
 I shall show, in the order I have placed them, how far I am 
 justified on each of those grounds, and trust that I shall not 
 only fully acquit myself of any charge of wickedness, wanton- 
 ness, rashness, or indiscretion, but prove that I should have 
 failed in my duty to my countrjs had I not punished, by in- 
 timidation or otherwise, the people and government of Foxardo. 
 
 It is not, nor can it be, denied, that pirates are considered 
 by the Laws of Nations, the enemies of the human race ; and 
 this being the case, it is the duty of all Nations to put them 
 down. In the case of pirates, then, there are no neutrals, it be- 
 ing the duty of all Nations to put them down, all Nations are al- 
 lies against them. In the case of belligerents, where the ar- 
 my of one party enters the territory of a neutral power, the 
 army of the other has a right to follow it there ; and the 
 right is strengthened if the pursuing army follow its enemy 
 into the territory of an ally. This is the doctrine contained in 
 my instructions. 
 
 Spain, and the dependencies of Spain, are as much bound 
 as any others in the alliance for the suppression of piracy, and 
 if she fails in her obligation, she is responsible for the omis- 
 sion, and must necessarily sutler the inconveniences resulting 
 from the endeavours of others to put down the system, among 
 which are the destruction of fishermen's houses and boats on 
 the coasts of the islands frequented by pirates, the seizure of 
 suspicious vessels and persons, and the alarm and damage 
 ^one in fresh pursuit. 
 
04 
 
 Of these she has no right to complain, it'she inakesnocfl'ort 
 of her own to put down piracy, and heretofore never has com- 
 plained, even when considerable efTorts of her own have been 
 made. Ifthen, as the ally of Spain, we have a right to Jand 
 on her shores ; and having a right to land there, have a rit;ht 
 also to all her " countenance and support." VV^hat follows 
 if the right is denied to us ? If so far from giving us counte- 
 nance and support, piracy is aided and abetted, an asylum is 
 offered to pirates, and those who land in pursuit are seized 
 and imprisoned, does not the Nation, City, Town, or People, 
 who thus make common cause vvith pirates, lose all respect for 
 their own character ? forfeit all the respect of others ? abandon 
 the advantage of the common alliance ? and become, not only 
 the allies of pirates, but our open and active enemies, and jus- 
 tify us treating them as such ? As enemies then, we have 
 the certain and undoubted right to land, pursue, chastise, and 
 intimidate them ; and the principle is the same, whether they 
 are the inhabitants of a tithing hut, of a town, a city, a pro- 
 vince, or a nation. The magnitude of the object makes no 
 change in the principle ; and what is justifiable in one case, is 
 iustitiable in the other : territorial immunity is as much inva- 
 ded and violated by the burning of a hut, as by desolating a 
 province. The punishment in either case, must, of course, 
 depend on circumstances, and the means of him who has it in 
 charge to suppress piracy. 
 
 The people and authorities of Foxardo, by the imprison- 
 ment of an American oflicer in pursuit of pirates, lost all res- 
 pect for their own character, by becoming, not only the allies 
 of pirates, but our open enemies, and of course, were not on- 
 ly not entitled to any respect from me, but laid themselves 
 liable to chastisement, in the event of my means justifying the 
 enterprise, which the first law of nature, self preservation, 
 loudly called on me to undertake, for fear their example should 
 become contagious, and much inconvenience and bloodshed 
 should be the consequence. 
 
 The officers under my command have often been employed 
 on duty similar to that of Lieut. Piatt, by my order : the or- 
 ders given by me to them, have, in every instance, been in 
 strict conformity with those of the Secretary of the Navy ; and 
 they have the same right to my protection in their execution, 
 as I conceive I have to that of the Secretary of the Navy. — 
 Without the assurance of this right, where is the officer, let 
 me ask, who would be willing to execute the orders of his su- 
 perior ? 
 
 Acting on this principle, which is in accordance with com- 
 mon sense and justice, 1 undertook the enterprise to chastise 
 
55 
 
 and intimidate the authorities of a town, who had forfeited 
 their character as aUies to us, by becoming the allies of pi- 
 rates and our open enemies ; as much to prevent a repetitioa 
 of the oft'ence they had committed, as to assure those under 
 my command that they should receive every countenance, 
 support, and protection from me, in the performance of their 
 lawful duties, and by that means encourage them to make lau- 
 dable efl'orts to effect the objects for which the expedition to 
 •suppress piracy was fitted out. The manner of my perform- 
 ing this <iuty, I trust, needs no apology ; it was done in a way- 
 best calculated to prevent an effusion of blood, and to secure 
 the innocent inhabitants from injury : the object was effected 
 in a manner not only to satisfy the oflicers and men under my 
 command, that redress under such injuries was certain, but 
 the people of Foxardoalso, and others similarly situated, that 
 numbers and distance were no security to them. 
 
 The spiking of their guns was a matter of necessity. Had 
 I not done so, there can be bo doubt that some of us would 
 have shared the fate of Lieut. Cocke, who was killed from 
 the batteries of St. Johns, the capital of the same Island in 
 which Foxardo is situated, at a time when the character of 
 the expedition and its object were both known to its Chief, 
 for which outrage no redress has yet been obtained, and 
 which the strength of the place, and the weakness of the 
 force under my command, prevented my seeking, forcibly, at 
 the time it was committed. 
 
 It is almost useless to quote from writers on international 
 law to support the principles I have stated to have guided me 
 in my conduct in relation to the affair of Foxardo ; but having 
 gaid that I have acted in conformity to the laws of nations, it may 
 be expected that I should by good authority support my as- 
 sertion. 
 
 Vattel is an author frequently quoted, and his authority may 
 be deemed a sufficient guide for one who has all his life been 
 engaged in other pursuits than the study of international law, 
 anil has been more frequently placed in emergencies, when 
 he has been under the necessity of resorting to the resources 
 of his own mind, than afforded the opportunity of referring 
 to Books as his guide. 
 
 By a reference to Book 3d, chap. 6th, sec 94, of Vattel, it 
 is stated that " every associate of my enemy is indeed himself 
 my enemy ; it matters little whether any one makes war on 
 me directly and in his own name, or under the auspices ofanoth- 
 er ; whatever rights war gives me against my principal enc- 
 myi the like it gives me against all his associates." On thif= 
 
56 
 
 principle then, the authorities and people of Foxardo be- 
 came my enemies hy associating with my enemies ; and 
 whatever right war gave me against the pirales, it gave nie 
 against Foxardo ; and having this right, I should have been 
 perfectly justitiable in making good my threat to burn the 
 town, if it had not been ransomed by suitable concessions, and 
 a promise, on the part of the authorities, to pursue in future, 
 a different course from the one that caused my visit 
 there. 
 
 As the allies of Spain against the common enemy, we had 
 aright to its countenance and support, to the extent of its 
 means, in pursuit of pirates ; we had a right, as allies, to 
 cross the territorial boundaries of Spain to pursue them; and 
 in doing so, there was no cause for offence on the part of 
 Spain, the object being lawful and usual, and resistance 
 therefore, to the exercise of this right, became an offence on 
 the part of Spain, and an injury to us, of which we have a 
 light to complain, and to obtain redress. 
 
 Vattel, Book 2iul, ch. 2d, sec. 19th, says, " Nothing is more 
 opposite to the duties of humanity, nor more contrary to the 
 society which should be cultivated by nations, than offences, 
 or actions which give a just displeasure to others ; everj' na- 
 tion, therefore, should avoid giving any real offence — 1 say a 
 real ; for, should he who manifiests a displeasure at our be- 
 haviour, when we are only using our rights, or fultilling our 
 duties, he is to blame, not we." 
 
 According to Vattel, not only Foxardo — not only Porto 
 Kico ; but Spain herself, is answerable for the conduct of her 
 subjects ; and, if she fails to restrain their mischievous and 
 base attempts, lays herself liable to the same punishment as 
 those who did the injury, and it is the duty of all nations to 
 unite in treating her as the common enemy of mankind. For 
 years past we have been suffering under the injuries we have 
 received from the people and authorities of Porto Rico, and 
 no redress has been obtained from the mother country ; 
 more perhaps from inability to restrain and controul her co- 
 lonies, than from any want of will on her part to do us jus- 
 tice. Porto Kico must, therefore, be considered in a mea- 
 sure, independent of Spain, so far that Spain cannot, or will 
 not, prevent a repetition of the injuries which have been the 
 subject of complaint from us. We therefore have a right to 
 use the means we have of obtaining redress or of inflicting 
 j)unishment ou her for injuries, atonement for which is with- 
 held from us; and it is the duty of all nations to unite with us, 
 to treat the people of Porto Kico as the enemies of the humaa 
 race. Vattel, Book 2nd, ch. Gth, sec. 7S. '' In short, there 
 
j; 
 
 IS another case, where the nation in general is guilty of the 
 base attempt of its members. This is when, by its manners 
 or the maxims of its government, it accustoms and authorizes 
 its citizens to plunder and use ill foreigners indifferently, or 
 to make inroads into the neighbouring countries, &c. Thus 
 the nation of the Usbecks is guilty of all the robberies com- 
 mitted by the individuals of which it is composed. The 
 Princes, whose subjects are robbed and massacreed, and 
 whose lands are infested by these robbers, may justly punish 
 the entire nation. What do I say ? — ^all nations have a right 
 to enter into a league against such a people, to repress them, 
 and to treat them as the common enemies of the human 
 race." 
 
 A nation or people then, known to be of a base and mis- 
 chievous character, who have been in the frequent habit of 
 making injurious attempts, such as the Barbary Powers, and 
 the people and authorities of Porto Rico, and who by policy, 
 manners, or maxims of government, encourfiges, accustoms, 
 and authorizes its citizens to depredate on the property of 
 others, not only justifies reprisal, but authorizes the nations 
 injured by them to provide for their own security by punish- 
 ing the offender ; by inflicting a punishment on him calcula- 
 ted to deter him from like attempts, and deterring others. 
 It has a right to use every honest attempt to prevent evil 
 to itself, even by anticipating the machinations of the people 
 or power engaged in opposition to its interests, and put 
 him out of the condition to injure it. 
 
 The following quotation is so full on the subject, that I 
 deem it unnecessary to offer any thing more in justification 
 and in support of the principles adopted by myself, except to 
 show that, what a nation may do, may be done, and has often 
 been done, by individuals, acting on the presumed wishes of 
 the government to which they belong. 
 
 V'attel, Book 2nd, chap. 4th, sec. 50, " It is safest to pre- 
 vent the evil when it can be done. A nation has a right to 
 resist an injurious attempt, and to make use of force and eve- 
 ry honest means against the power that is actually engaged 
 in opposition to it, and even to anticipate its machinations, al- 
 ways observing not to attack it upon vague and uncertain sus- 
 picions, in order to avoid exposing itself to become an unjust 
 aggressor. When the evil is done, the same right of secu- 
 rity authorizes the offended to endeavour to obtain a com- 
 plete reparation, and, if necessary, to employ force for that 
 purpose." 
 
 " In short, the offended has a right to provide for his se- 
 rurity for the future, and to punish the offender by inflicting 
 8 
 
58 
 
 CMi him a pain capnhle of rlctenin!^ him afloruards from the 
 like attempts, and of iiitiinidalino; those who shall be tempted 
 to idiitate him. He may even, if necessary, [lut the aggressor 
 out of the condition to injure him. He m;ike« use of his 
 right in all these measures, when guided by reason ; and, if 
 any evil results from it to him who lays him under the neces- 
 sity of acting thus, he can accuse none but his own injus- 
 tice." 
 
 " If, then, there is any where, a nation of a restless and 
 misc!)ievous disposition, always ready to injure others, to 
 traverse their designs, and to raise domestic troubles, it is 
 not to be doubted, that all have a right to join, in order to 
 repress, chastise, and put it ever after out of its power to in- 
 juie them." 
 
 In book .3d, chap. 1.5th, sec. 228, Vattel hiys it down as a 
 general jjrinciple, " That there are occasions »vhen the sub- 
 ject may reasonably suppose the sovereign's will, and act iu 
 consequence of his tacit commands." It was this princij)le 
 that authorized and justifjed Commodore Dale to commence 
 hostilities against the Tripolitans, in 1801, when it was be- 
 lieved that war was intended by them ; neither Commodore 
 Dale nor Captain Sterret, the ollicer who made the first cap- 
 ture, were ccnsiired, but to the contrary were highly ap- 
 plauded ; and tbf latter received the thanks of Congress, 
 and a sword, although at the time, war had not been declared 
 against Tripoli. It was this principle that authorized and 
 juslitied Commodore Rodgers in blockading the port of Tu- 
 nis, and forcing the Bey to terms, and al'tervvards drawing his 
 ships up before the batteries of Tangier, and threatening 
 hostilities to the Emperor of Morocco, in the year 1805. It 
 also luthorized and justified Commodore Decatur, in threat- 
 ening hostilities to the Bey of Tunis, and the Bashaw of Tri- 
 poli, in the year 1815, and forcing them to restore large 
 amounts of money, taken from our citizens. Neither of 
 these olficers were cen>ured for conduct which they believed 
 to be in accordance with the wishes of the nation, although 
 the United States had not declared war against those powers. 
 
 It is this pfi(ici|>le that authorizes and justifies the oftlcers 
 commanding troops on our distant frontiers, to commence 
 hostilities against the Indian tribes, without declaration of 
 war on the part of the nation. They act, in all cases, on its 
 ])resume(l wishes, and we know of no instance of censure. 
 
 It was this principle that anlhorizcd and justilied (General 
 Jackson, without orders, to take possession of Fort St. 3Iarks, 
 and afterwards Pensacola, and to issue orders for the de- 
 straclion of the Negro Fort, on the Suwannee. The interest 
 
of our country, the safety of its citizens, the repose of our 
 frontier, required tliat he should do so. He acted on the 
 supposed will of the nation ; and, so fur from being censured, 
 htt has been rewarded with the support of the government, 
 and the applause of his country. In not one of the ca<es 
 cited, it is believed, had the officers any instructions what- 
 ever, that authorized the act. 
 
 In the case of General Jackson, it is expressly stated by 
 Mr. Adams, in his correspondence with ftlr. F'orsylh, that 
 the occupation of these places in Florida, by General Jack- 
 son, " was not by any order received by him from the go- 
 vernment to th;it etiect, nor with any view of wresting the 
 province from the possession of Spain, nor in anj' spirit of 
 hostility to the Spanish Government : that it arose from inci- 
 dents which arose in the prosecution of the war against the 
 Indians ; from the imminent danger in which the Fort of St. 
 Marks was of being seized by the Indians themselves, and 
 from the manifestations of hostility to the United States by 
 the Commandant of St. Marks, and the Governor of Pensaco- 
 la, the proofs of which were made known to General Jackson, 
 and impelled him, from the necessity of self defence, to the 
 step of which the Spanish Government complains." 
 
 I shall now proceed to point out the resemblance between 
 General Jackson's case ;md mine ; and doubt not but it will 
 be agreed, that the magnitude of the scale of his operation, 
 and the comparative insignificance of mine, do not change the 
 principle ; for, should this be the case, I am tenfold crimi- 
 nal, in the numerous tishing huts I have destroyed on the 
 coasts of Cuba. For, to say that I am justified in destroying 
 fi*hing huts for harbouring pirates, but not to threaten the 
 destruction of a town for the same oflence ; while General 
 Jack-on, for the same reason, is justified in possessing him- 
 self of a province, is prej)osterous. I have shown before, 
 that the same reasons that ju-^tifies acting in the one case, 
 would justify acting in the other. That the destruction of 
 the numerous fishing establishments, and the breaking them 
 up, almost entirely, on the coast of Cuba, when suspected of 
 giving shelter to the common enemy, has never been consi- 
 dered a violation ot territory, I have proofs, in the acknow- 
 ledgment of the Captain General, a very short time before 
 leaving the West Indies, to account for the transactions of 
 Foxardo ; he expresses himself as follows : 
 
 '• I regret very sensibly, that you are about to retire from 
 the command of the United States' forces in these seas ; not 
 only from the able manner in which you have discharged the. 
 important duties which have been confided to you, but from 
 
60 
 
 (he just considerations with which you have always respect- 
 ed the territorial rights of the island of Cuba. J'ermit mc, 
 Sir, to oHV.r my acknowledj^ments, and to avail myself of 
 this occasion to contirm the assurances of my high considera- 
 tion and esteem." 
 
 1 have before shown, that the authorities and people of 
 Foxardo, should, in justice, not only be considered as the 
 allies of the pirates, but as our open enemies, did a decision 
 on their conduct rest otdy on the imprisonment of Lieut. 
 Piatt, alter his object and character were both made known ; 
 but there are proofs in the letter of Mr. Bergeest, that on 
 two former occasions, in the case of Messrs. Elbs, Gibson & 
 Co. and that of Messrs. Bergeest &. Uhlhorn, the goods were 
 trac(>d to Foxardo, recovered, and the perpetrators detected. 
 Foxardo could therefore be considered oidy as a piratical ren- 
 dezvous, and I should have been perfectly justifiable in treat- 
 ing it as such by its total destruction. But not wishing to 
 j)roceed to such extremities, if atonement lor ihe past, and 
 security for the future, could be obtained by milder means ; 
 and as the enterprise was undertaken, as my whole conduct 
 shows, in no hostility to the Spanish Government, nor with a 
 desire to punish the innocent, who must have necessarily 
 Fuffered by the destruction of the town, I tried amicable, be- 
 fore I resorted to forcible means, to obtain the satisfaction 
 which the violence and insult olTered to my country, in the 
 person of one of its ollicers, louilly demanded. " By all the 
 laws of neutrality and war, as well as of prudence and hu- 
 manity," I >vas warranted in chastising and intunidating the 
 authorities and people ofl'oxardo ; 1 was warranted in taking 
 measures to prevent injury to me, and those imder my com- 
 mand — seeing that injury was intended, by S[)iking their guns ; 
 and which, as appears by Lieut. Barton's testimony, was not 
 done, or even ordered to be done, until the batteries were 
 manned, and the guns trained on our vessels, (;dl bearing the 
 American Hair,) with evident design of hostility. 1 was war- 
 ranted, in fact, in anticipating my enemy. 
 
 " There will need, (continues Mr. Adams,) no citations 
 from printed treatises on international law, to prove the cor- 
 rectness of this princii)le. It is cn^ravon in adamant on the 
 common sense of mankind ; no writer upon the laws of na- 
 tions ever pretended to contradict it — none of any reputation 
 or authority ever omitted to insert it." 
 
 The manly vindication of General Jackson, in the follow- 
 ing quotation, and from the same pen, would alone, in the 
 absence of all instructions, and all other guides and lights on 
 the sul'joct, !iave satisfied me of the propriety of my conduct ; 
 
Ul 
 
 " He (General J.ickson') took possession therefore of Pen- 
 sacola, and of the Fort Barrancas, as he had done of St. 
 Marks, not in a spirit of hostility to Spain, but as a necessary 
 measure of self-defence, giving notice that they should be 
 restored, whenever Spain should place commanders and a 
 force there, able and willing to fulfil the engagements of 
 Spain towards the United States, of restraining, by force, the, 
 Florida Indians from hostilities against their citizens. The 
 President of the United States to give a signal manifesti'tion 
 of his confidence in the disposition of the King of Spain, to 
 perform, with good faith, this indispensable engagement, and 
 to demonstrate to the world, that neither the desire of con- 
 quest, nor hostility to Spain, had any interest in the councils 
 of the United States, has directed the unconditional restora- 
 tion to any Spanish officer, duly authorized to receive them. 
 of Pensacola and Barrancas, and that of St. Marks to any 
 Spanish force, adequate for its defence against the attack of 
 the savages. But the President will neither inflict punish- 
 ment, nor pass a censure upon General Jackson for that con- 
 duct, the motives for which were founded in the purest pa- 
 triotism, of the necessity for which, iio had the most imme- 
 diate and efi'ectual means of forming a judgment, and the vin- 
 dication of which is written in every page of the law of 
 nations, as well as in the first law of nature, self-defence. 
 He thinks it on the contrary, due to the justice which the 
 United States have a right to claim from S[)ain, and you are 
 accordingly instructed to demand of the Spanish Government 
 that inquiry shall be in'^tituted into the conduct of Don .lose 
 Masat, Governor of Pensacola, and of Don Francisco C. Luen- 
 go. Commandant at St. Marks, and a suitable punishment in- 
 tlicted upon them, for having, in defiance and violation of the 
 engagements of Spain with the United States, aided and as- 
 sisted these hordes of savages in those very hostilities against 
 the United States, which it was their official duty to restrain. 
 This inquiry is due to the characters of those officers them- 
 selves, and to the honour of the Spanisi) Government." 
 
 " The obligation of Spain to restrain, by force, the Indians 
 of Florida from hostilities against the United States and their 
 citizens, is explicit, is positive, is unqualified. The fact, 
 that for a series of years they have received shelter, assis- 
 tance, supplies, and protection, in the practice of such hos- 
 tilities, from the Spanish commanders in Florida, is clear and 
 unequivocal. If, as the commanders, both at Pensacola and 
 St. Marks, have alleged, this has been the result of their 
 weakness rather than their will ; if they have assisted the 
 Indians against the United States, to avert their hostilities 
 
62 
 
 from the province which they had not sufficient force to de- 
 fend against them, it may serve, in some measure, to excul- 
 pate individually those officers ; but it must carry demon- 
 stration irresistible to the Spanish Government, that the 
 right of the United States c:m as little compound with impo- 
 tence as with perfidy, and that S{)ain must imnjedintely make 
 her election either to place a force in Florida, adequate to 
 tho protection of her engagements, or cede to the United 
 States a province, of which she retains nothing but the no- 
 minal possession, but which is, in fact, a direlict open to the 
 occupancy of every enemy, civilized or savage, of the United 
 States, and serving no other earthly purpose than as a post of 
 annoyance to them." 
 
 1 might here let the matter rest, and it may appear futile id 
 me to give any other reasons or authority for my conduct than 
 those I have cited, but I have still more cogent reasons than 
 any 1 have yet stated : I acted not only on the supposed wishes 
 of the government and nation at large, loudly and repeatedly 
 expressed, but on orders intended to have met the case, and no 
 doubt would have met it precisely, if it could have even been 
 imagined that so great an outrage could have been co i mitted 
 by the authorities of any place, professing friendship to the 
 United Stales, as was committed on the person of Mr. Piatt. 
 " it cannot be presumed, (sa3's my instruction-^) that the go- 
 vernment of any island will afford any protection or counte- 
 to such robbers. It may. on the contrary, confidently be be- 
 lieved that all governments, and particularly those most ex- 
 posed, will atTord all means in their power for their suppres- 
 sion." Yet the government and people of Foxardo did, not 
 only aHord " protection and countenance " to pirates, and so 
 far from affording " all means in their power for their sup- 
 pression " did, to cap the climax of their atrocity, seize, im- 
 prison, and iiisult, an American oflker, while in the execution 
 of his lawful duties, and while acting in strict conformity with 
 the orders of the government, thus losing all resjject for their 
 own character, and forleiting the respect of others, by iden- 
 titying tliemselves . n I intt-rests with freebooters and outlaws, 
 and making common c uise with the enemies of the human race 
 against the civili/ed world. 
 
 If it is asked where 1 ihul the wishes and o|»ii)ioiis of the 
 nation and the government so often and so loudly expressed 
 as to justify my operations at Foxardo, I answer, in themes- 
 sages and communications of the Executive to Congress at 
 various times, the acts of Congress for the suppression of 
 piracy, reports of Comuiittees, and speeches of members of 
 Congress ; in the petitions of the mercaniile part of the com- 
 
63 
 
 Biunity to Congress, and to the Executive, in the public 
 prints, and in the general sentiment ot the body of the people. 
 
 I could give numerous extracts from the various authori- 
 ties cited, but their publicity renders it unnecessary that I 
 should do so ; I shall, therefore, merely refer to the Presi- 
 dent's message, and communications of the Secretaries of State 
 and Navy, the act^ declaring war against pirates, and making 
 appropriations for their suppression, the reports of the chair- 
 men of Committees to whom the subject was referred. It 
 is unnecessary to cite the various petitions and memorials of 
 merchants in our sea ports, the numerous speeches of mem- 
 bers of Congress on the occasion, and it would be almost as 
 impossible to enumerate the various newspaper publications 
 on the subject, as it would be to collect the sentiments utter- 
 ed by our citizens. All unite in deprecating the abominable 
 system, and calling aloud for punishment, not only on the 
 wretches immediutely concerned in it, but on their aiders, 
 abettors, and accessaries. 
 
 The Constitution of the United States prescribes no form 
 form for promulgating a declaration of war. The publication 
 of the act for the suppression of piracy was alone sufficient 
 to make known to tlie world that war had been formally declar- 
 ed by the United States against pirates. A squadron was equip- 
 ped for the purpose of pursuing them, with the command of 
 which I was honoured, and I sailed with the prayers and best 
 wishes of mankind in general. My orders, although drawn up 
 with great care, and which lay down certain general principles 
 as my guide, in my operations against pirates and intercourse 
 with foreign nations, omit to define to me what is piracy. It 
 became therefore necessary for me to refer to such authori- 
 ties as were within my reach at sea, for a definition of the 
 term. Although the 10th article of the 8th section of the 
 Constitution empowers Congress to define piracy, the laws of 
 the United States, except in those for the suppression of the 
 slave trade, and the acts of March 3d, 1819, and May 16th, 
 1820,* are silent on the subject. It became therefore ne- 
 cessary to seek for a definition in other authorities, among 
 writers on international law, to which the act of March 3J 
 refers. " Pirates" (according to Spilman) " are common sea 
 rovers, without any fixed place of residence, who acknowl- 
 edge no sovereign and no law, and support themselves by 
 pillage and depredations at sea." This definition is suffi- 
 ciently clear and precise with regard to pirates, who rove 
 
 *The 3d section of the act of May 15th, 1820, makes the landing 
 and robbery on shore, by the crew of any piratical vessel an act of pi- 
 racy, and punishable as such with death. See AppenJi-x. 
 
Gi 
 
 the ocean, Inn c no lixetl rc?iclencp, ami wliu uckiiowlcdf^e uu 
 sovereign and no Kiw, Imt it does riot describe the pirates 
 whom it was made m// duti/ to seek and enconntor. 
 
 Tlie foUowiii;^ extract from tlie orders of the Secretary of 
 the Navy endeavours to describe the origin, nature, and 
 character of the systetn of |)iracy which 1 was sent to suf)- 
 press, difl'erins; cspcntially fron) Spilman's definition, but still 
 omitting to define Xihal is pi rue i/. 
 
 " The P3'S(em of |Hrai:y ivi)ich has grown up in tlie West 
 Indies, has obviously ariscti from the war between Spain and 
 the new goveriwnents, her late provinces in this hrmispherc, 
 and from the limited foice in the Islands, and their sparse 
 population, many j)ortions of each being entirely nninlKd)iled 
 and desolate, to which the active authority of the (iovern- 
 ment does not extend. It is understood that estabhshtnents 
 have been made i)y jiarties of these banditti in those uninhab- 
 ited parts to which they carry their plunder, and retreat in 
 time of danger." 
 
 The Stat. II 8c 12, w. 3, c. 7, (made perpetual by stat. G, 
 Geo. 1, c. 19,) enacts that *' all persons who set forth any pi- 
 rates, or be assisting to those committing piracy, or that con- 
 real such pirates, or leceive any vessels or goods jiiraticaliy 
 taken, shall be deemed accessary to the piracy, and suffer as 
 principals." 
 
 By Stat. O.Geo. 1st, 1. c. 2^ fniade perpetual by stat. 2, 
 Geo. 2, c. 28,) " the trading with known ])irates, or furnishing 
 tiiem with stores or amtnunition, or fitting out any vessel for 
 that j)urpose, or in any wise consulting, comliining. confedera- 
 ting, or correspoinhng with them, shidl lie doenied [tiracy." 
 
 These authorities are a sulTicienl definition of the system of 
 piracy as it really exists on the coasf«; of "oito Kico and of Cu- 
 ba, and very justly and properly hold the accessaries equally 
 guilty with the principal. The authorities of Foxardo were ac- 
 cessaries only, so far as we know, but as such, the laws for 
 the sui)pression of piracy authorizes hostilities against them, 
 and the authorities quoted provide a punishment equal to the 
 one inflicted on the principal 
 
 " I'he crime of piracy or roI)l)ery and depredation on the 
 high seas is," (accijrding to .Jacobs,) " an otVence against the 
 universal laws of society, ("a pirate, therefore, being, according 
 to Coke, liosli hiimani generis, 3 Inst. 1 13). As therefore he 
 has renounced all the benefits of society and government, and 
 has reduced himself afresh to the savage slate of nature, by 
 declaring war against all mankind, all mankind must declare 
 vvaragaint him : so that every commnnily has a right, by the. 
 rule ofself defence, to inflict that punishment upon him, which 
 
65 
 
 every individual would, in a state of nature, have been other- 
 wise entitled to do for any invasion of his person or personal 
 property." 
 
 I have before asserted that it could not be denied, that pi- 
 rates were considered by the Laws of Nations, the enemies of 
 the human race, and that all mankind were allies against them, 
 and the assertion is founded on the above authority, as well 
 as on the orders and instructions under which 1 have acted, 
 and which have also the Laws of Nations for their support. 
 
 It appears, from the authority last quoted, that every pirate 
 reduces himself to a state of nature, and defies all laws, and 
 may be punished by any community, in the same manner as 
 any individual, reduced to a state of nature, would have a right 
 to punish him who invaded him or his personal property ; or 
 in other words, to punish piracy at discretion without any re- 
 gard to law. To show that this, and this alone, is the true 
 me;ining of the author, I offer the following quotation from the 
 Lex Mecatoria, 1C4 : " A piracy is attempted on the ocean, 
 if the pirates are overcome, the takers may immediately in- 
 flict a punishment by hanging ihcin up at the main yard end, 
 though this is understood when no legal judgment may be 
 obtained ; hence, if a ship on a voyage to any part of Ameri- 
 ca, or the plantations there, on the discovery of those ports, is 
 attacked by a pinite, but in the attempt the pirate is overcome, 
 the pirates may be forthwith exectited without any solemnity of 
 oondemnation by the Marine Lazt\" 
 
 I have now shown that the laws of nations and of nature, 
 justitied my landing at Foxardo, to obtain indemnity for the 
 pa^t and security for the future. I have shown that the ap- 
 proved conduct of those who committed acts o{ hostilities 
 without any declaration of war on the part of the United 
 States, or orders from the government, justified hostilities 
 on my part, even if there had been no declaration of 
 
 war, or orders to give a sanction to my proceedings. 
 
 That war having l»een formally declared and promulgated, 
 and the laws makmg the accessary equally guilty and 
 punishable with the principal, I should have failed in my 
 duty, (havmg the means,) if I had not brought the author- 
 ities and peoj le of Foxardo to punishment, as accessaries 
 to the pirates, who had taken refuge and received protection 
 there. 
 
 I have also shown that as pirates, and of course the acces- 
 saries of pirates, set atdetiancc all law, so are they not enti- 
 tled to its benehts, and " they may be forthwith executed 
 without any solemnity of condemnation, by the marine law ■" 
 and consequently that 1 should have been justifiable in usin"- 
 
 
 
Cti 
 
 the severest measures that could have been adopted, in pun- 
 ishing the authorities and people of Foxardo. But for the 
 severity of the measures adopted by me, 1 refer to facts, and 
 shall not say one word in defence of them. 
 
 1 mi2;htstop here with a perfect confidence of an acquittal 
 from the charge of rashness and indiscretion, in the violation 
 of the territanal jurisdiction and immunities of Spain, or of 
 any disposition to offer to that government any indignity or in- 
 sult ; but a* without asking of me explanation, and without 
 complaint from Spain, or from atiy other quarter, it has been 
 thought proper to anticipate even the resolution and wishes 
 ot Mr. Archer, (already di'-tinguished for his active hostility 
 towards me in the trial of Lieut. Kennon,) by ordering me 
 from my station, to explain the transactions atFoxardo, which it 
 has pUiased the Secretary of the Navy to term " extraordi- 
 nary ;" and as I am placed before the world as a condemned 
 and degra<led officer, it is a duty I owe to myself, as well as to 
 the service to which 1 belong, and it may be useful to others 
 to know, that in all this " transaction" I was acting in as strict 
 conformity with the letter and spirit of my instructions, as the 
 nature of the case would admit of; that it was provided for 
 as near as could be inutgiticd, by the government, and that I 
 have in no instance departed from my instructions, so fara.s 1 
 could by repealed perusal understand them. 1 have per- 
 ceived no obscurity in them, and I complain of none. I be- 
 lieve I understand them, and the intentions of those who drew 
 them up ; and without national or natural law, or precedent, 
 1 feel a confidence that the responsibility of my conduct at 
 Foxardo, if improper, rests upon those who issued the or- 
 ders, and not on me who executed them. I do not wish it 
 xmderstood, however, that I dispute the propriety of the or- 
 ders — to the contrary 1 fully concur in the doctrine laid down 
 in them. They are fiamed on the laws of nations, were 
 drawn up by one well versed in them, and were intended to 
 supply the want of a knowledge of international law on my 
 part. 1 not only subscribed to that part w hich authorizes my 
 landing and puisuing pirates on the territory of a foreign 
 power, and denounces those nations so lost to a sense of re- 
 s^)ect for their own character and interest, and the respect of 
 others, as to reluse to put down piracy, much less to aflbrd 
 them an asylum and protection ; but 1 subscribed to the yet 
 stronger measures which have been recently recommended 
 by the Executive — nothing short of authority to land, pur- 
 sue, and hold the authorities of places answerable for the pi- 
 rates vvlio issue from and resort there — to make them an- 
 •■ivcrablc by repris;.ls on the property of the inhabitants, and 
 
G7 
 
 to blockade the ports of the Islands. Notiiing short of these 
 measures can put down the disgraceful S3stem. 1 also coin- 
 ride in opinion with tlie President, that neither (he govern- 
 ment of Spain, nor the government of eilhet of tht Islands, 
 (Porto Rico and Cuba,) can with propriety complain of a re- 
 sort to either of those measures, or all of them, should they 
 be resorted to, as the United States interpose their aid for the 
 accomplishment of an object, which is of equal importance 
 to Spain and her Islands, as well as to us. To the contrary', 
 it should be expected that they will faithfully co-operate in such 
 measures as may be necessary for the accomplishment of this 
 very important object. Whatever measures, however, may 
 be resorted to by the United States, the first thing necessary 
 to secure success, is to protect, countenance, and support the 
 officer employed to execute them ; and in any measures which 
 he may adopt requiring energy of action, he ought not to be 
 discouraged and degraded by punishment before complaint, 
 or removed from bis command without being allowed the op- 
 ])ortunity of explaining his reasons for his conduct. Without 
 such assurance, no ofiicerin his senses would willingly under- 
 take the delicate duties which I have been performing ; and if 
 compelled, would, from his apprehensions of sharing my fate, 
 scarcely meet the expectations of the government and people 
 of the United Stales. The discouraging circumstance of my 
 removal for the ofience of landing on Porto llico, and jtunish- 
 ing the accessaries of pirates, the authorities of Foxardo, 
 may have a much more important effect in retarding the sup- 
 pression of piracy, than is at present apprehended. So long 
 as the governors and people of the small towns of Porto 
 Rico and Cuba, are satisfied that they may imprison us with 
 impunity, and that punishment certainly follows anj' attenjpt 
 on our part to obtain redress and security to our persons, so 
 long the suppression of piracy is impossible ; and he who 
 on those terms is willing to undertake it, loses sight of his own 
 rcs])ectability, and of the respectability of his nation and flag. 
 I have satisfactorily shuvvn that, by the laws of nations, I 
 had aright to land on the shores of Porto Hico, in pursuit ol 
 my enemy. I have shown that, against the enemy, in |)ur- 
 suitofwhom I was authorized to land, war had been formally 
 declared by my country. I have shown, that the allies, aid- 
 ers, abettors, &c. of this enemy were, by the laws of nations, 
 and of England, and by mercantile laws, also my enemies, 
 and liable to the same punishment as their principals. 
 I have in fact, shown that, by the laws of nations alone, I was 
 perfectly justified in landing and chastising, even to hans:iii<f. 
 the authorities of Poxardo. I have further ?hown, that, wilhuut 
 
6*9 
 
 eveh the formality of a declaration of war, and without 
 even being ordered by their Government, but merely on their 
 own will and sense ofrii^ht, other officers, under similar cir- 
 cumstances, have invaded foreign territory, and committed 
 acts of war, and their motives being good, their conduct was 
 approved of, on their own representation of it. I have now 
 to show that, besides national and civil law, open declaration 
 of war and precedent, to support me. I have orders to pass 
 the territorial boundary of a foreign nation, in pursuit of pi-' 
 rates, or those whom I have just cause to suspect of being 
 such, to seize and bring them to justice ; and, in the event 
 of the local authorities refusing to prosecute such persons, 
 1 am then ordered to take them from such territory, on board 
 the vessels under my command. The orders are full and 
 explicit, and, in the absence of other justifying circumstan- 
 ces, I should be willing to rest the defence of my conduct on 
 them alone. The following are the orders alldded to, dated 
 Feb. 1st, 1823 : 
 
 CExtract.) 
 
 ** Sir : You have been appointed to the command of;j 
 squadron, fitted out under an act of Congrees, of the 20(h ot" 
 December last, to cruize in the W<>st India seas, and Gulf of 
 Mf^xico, for the purpose of repressing piracy and affording 
 elTeclual protection io the citizens and commerce of the 
 United States. Your attention vvill 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 the instructions heretofore given to our naval command- 
 ers thereon, are herewith sent to you. While it is your 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, wherever it shall become ne- 
 cessary, 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 coun- 
 try, and the just claims of its citizens. 
 
 Should you, in your cruize, 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 Amehcaa flag: to promote 
 ihis obJ£ct. 
 
69 
 
 *' 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 eifectins; the objects of 
 your cruize. 5fou will establish at Thompson's Island, usu- 
 ally called Key VVest, a depot, and land the ordnance, and 
 marines, to protect the stores and provisions ; if. however, 
 you shall tind 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 authori- 
 ties, 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 In- 
 dies, has obviously arisen from the war between Spain and 
 the new governments, her late provinces in this hemisphere, 
 and from the limited force in the islands and their sparse pop- 
 ulation, 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 these banditti 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 aiford any protection or countenance to such rob- 
 bers. 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 laws of nations, the enemies of the hu- 
 man race. It is the duty oi 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 protec- 
 tion. The nation that makes the greatest exertions to sup- 
 press 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, 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 party, 
 they being the enemies of the human race, all nations are 
 parties agaiust them, and may be considered as allins. Th"r 
 
70 
 
 t)bject and intention of one government i.« lo respect tlie feel- 
 ings, as well as the rights of others, hotli 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 which you iiave seen ens^agCii in acts of piracy, or 
 which you have just cause to su^^pect of being of that charac- 
 )«r, retreat into the |)orts, harbours, or settled parts of the 
 islands, you may enter, in pursuit of them, such ports, har- 
 bours, and settled |)art.s of the country for the purpose of aid- 
 ing the local authorities or people, as the case may be, to 
 seize and bring the offenders to justice, previously giving no- 
 tice that this is your sole object. Where a government exists 
 ;u)d is felt, you will, in all instances, respect the local authori- 
 ties, and only act in aid of, and co operation with them, it be- 
 jug the exclusive i)urpose of the govenmient of the United 
 ."states to suppress piracy, an object in which all nations are 
 • •qually interested : and, in the acromj)lishment of which, 
 the Spanish authorities and people, will, it is presumed, cor- 
 dially 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 i-easonable prospect of being able to apprehend 
 them, and in no case are you at liberty to pursue and ap- 
 prehend any one after having been forbidden so to do by com- 
 ' petent authority of the local government. And should you, on 
 such pursuit, apprehend any pirates upon land, you will de- 
 liver them over to the proper authority, lo be dealt withac- 
 cording to law, and you will furnish such evidence as shall be 
 in your jxuvcr to prove the oflence alleged against them. — 
 Should the local authorities refuse to receive and prosecute 
 such persons, so a[)i)rehended, on your furnishing them with 
 reasonable evidence of their guilt, you will then keep them 
 safely and securely on board some of the vessels underyour 
 command, and leport without delay, to this Department, the 
 particular circumstances of such cases." 
 
 I think, alter an attentive perusal of the foregoing order> 
 and instructions, no one will accuse me of having gone beyond 
 the authority given to rne, by intimidating the authorities and 
 inhabitants of a tovvn, which from being the rendezvous of 
 pirates and robbers, and Irom the course taken t>y the people 
 and authorities to defeat the object of those sent in search of 
 them, truly deserve the name oi' piratical. 
 
 1 am ordered to protect, not only the property but the per- 
 sons of our citizens. Will it be denied, that Lieut. Piatt and 
 the other officers under my command, are American citizens, 
 and entitled {*> my protection ! And how could 1 have pro- 
 tected them h;id i overlooked the conduct of the Foxardians ? 
 
71 
 
 Difficulties were apprehended by the Government, in the 
 performance of the duties confided to me, ;uul in any coUi- 
 sion with foreign powers, I am instructed to conduct myself 
 with as much moderation and forbearance as is consisstent 
 with the honour of my country, and the just claims of its citi- 
 zens. 
 
 The violence and insult offered to my country, in the per- 
 son of Mr. Piatt, it was made my duty to notice, and in the 
 performance of this duty, I did conduct myself with the great- 
 est moderation and forbearance : the guns of the batteries 
 were not spiked until self-preservation made it necessary for 
 me to spike them, and so soon as the apology of the authori- 
 ties of Foxardo was received, and assurance of respect and 
 protection for the future were given, I retired. No com- 
 plaints of violence of proceeding have been offered against 
 me by the Spaniards — a sure evidence that they had no cause 
 of complaint, even if I had no testimony to offer in my fa- 
 vour, but as to the moderation of my conduct, and the pre- 
 cautions taken by me to preserve it in others, the testimony 
 is ample. 
 
 In the former part of these remarks, I have touched on the 
 other parts of my instructions : I deem it therefore unne- 
 cessary to make any further comments — they are before the 
 reader, and he can judge whether I have transcended them 
 or not, and whether I should not have failed in my duty, had 
 I not pursued the course 1 did at Foxardo. 
 
 I have as yet said nothing as to my motives. The motives 
 of General Jackson, it is said, were founded in the " purest 
 patriotism ;" and it is presumed the motives of the other of- 
 ficers I have cited were equally pure, or their conduct would 
 not have been approved : how their motives were ascertain- 
 ed, except from their conduct and assurance, I do not know. 
 On my own part, I offer no assurances, but leave every one 
 to judge of my motives by my conduct alone. Hatl my mo- 
 tives been bad or mischievous, 1 should have proceeded di- 
 rectly to hostilities, without giving notice to the authorities 
 of Foxardo, and allowing them time to choose between the 
 two alternaUves offered them ; and I should not have taken 
 the precaution 1 did to guard the persons and property of the 
 inhabitants of Porto Rico from injury. Had, in fact, my mo- 
 tives been bad, I should have insisted on severer terms than 
 those I exacted, and I should not have retired immediately 
 after the concessions and assurances were made, but should 
 have remained there, to enjoy the intimiilatcd, hiiinl)le, and 
 degraded, condition of the authorities and the people. 
 
 That my motives were disintrrested, is certain, from the 
 
 i? 
 
circumstance of my continiti^ myself to the single object of 
 prelection to tho persons of our citizens. I had nothing per- 
 sonally to hope for, or to gain, by securing their safety ; and 
 I had certainly murh to lose in making the attertipt, for 
 1 placed my life at hazard. 
 
 If I have failed in justifying myself, I trust that the failure 
 will be ascribed to the peculiarly delicate duties which have 
 been confided to me, involving nice and intricate questions of 
 national rights, and a zealous desire to act fully up to the 
 wishes of the government ; and not from a wish to act in op- 
 position to its views, or to infringe on the territorial rights 
 and immunities of others. Should there appear the slightest 
 evidence of my having, for a moment, wilfully disregarded 
 what was due to my own country, and the respect due to the 
 Government of Spain, i shall submit with resignation and 
 cheerfulness, to the severest punishment that can be inflicted 
 on me, if it even extends to depriving me of my commission, 
 f» 'iich I should then be unworthy of bearing. 
 
 For merely doing my duty, 1 have never asked, nor ex- 
 pected, any reward, beyond the approbation of my country ; 
 and if it should appear, that I have, in this instance, done no 
 more than my duty, I contidently hope and expect that 
 I shall escape all punishment, beyond what I have already 
 felt. 
 
 I have stated all the grounds which, in my opinion, justified 
 my undertaking the expedition to Foxardo. 1 acted on letters 
 of an official character, already referred to, and statements 
 which I had no doubt could be relied on. I acted on what I 
 believed a fair construction of the Laws of Nations, the 
 intention of those who framed my orders, and the public voice. 
 I did not think it necessary to go through the formality of col- 
 lecting evidence on oath, to justify me in the attempt I was 
 about making to secure, in future, our officers from insult ; had 
 1 done so, my object would have been defeated m the time 
 that would have elapsed, and the alarm that would have been 
 excited by an inquiry, which could not have been kept secret. 
 
 Promptness was necessary, and I felt satisfied that the let- 
 ters which 1 already possessed, were a sufficient justification 
 for my proceedings. 
 
 The following Documents, which have been rejected by 
 the Court, and which I do not now offer in vindication of my 
 conduct, but in confirmation of the letters of Lieut. Piatt, Mr. 
 Cabot, and Mr. Fiergeest, are so full on the subject of the 
 robberies and piratical dej)redations from Foxardo, and the 
 piratical character of the authorities and people of that part 
 vf Porto Kico, that I deem it unnecessary to make any co.m^- 
 
73 
 
 ment on them. The compHcated system of villainy they un- 
 fold is disgraceful to the nation to which they belong, and a 
 continuation of it will be disgraceful to the rest of the world, 
 and particularly to those nations most exposed to their depre- 
 dations. The pirates of Cuba, of Algiers, Tunis, and Tripo- 
 Ji, offer no paralleh 
 
 10 
 
74 
 
 REJECTED DOCUMENTS. 
 
 (Copy) 
 
 St. Thomas, 16th February, 1825. 
 Captaiu David Porter, U. S. Kary. 
 
 Sir : Agreeable to your request, we have collected and 
 put into the hands of Lt. Comdt. Piatt, all the testimony regard- 
 ing the varioup depredations which have been committed upon 
 this place by the inhabitants of Foxardo and it.* vicinity, which 
 the present unsettled state of this place will permit from 
 the unfortunate fire. We will now repeat what our Mr. Ca- 
 bot had the honour of verbally acquaintingyou, that our store 
 \vas broken open and robbed of a considerable amount of val- 
 uable property, on the night of the 24th October last, all of 
 which belonged to citizens of the United States. Being fully 
 convinced who the perpetrators of this act were, and the 
 course our goods had taken, from the well known character of 
 the inhabitants of Foxardo, and the facilities believed to be 
 rendered by the Government of that place, we requeste(3 
 Lieutenant Commandant Piatt to aid us in the recovery, which 
 he very generously consented to. The circumstances of his 
 reception and treatment at that place, you will receive from 
 Lieut. Piatt. We would now add, that about ten days since, 
 we received information, which may be relied upon, that John 
 Compis, of that place, a man whose wealth gives him conse- 
 quence, and even the then Alcalde of the place, from interested 
 motives, or otherwise, forbore to put in force and claim against 
 him. was the actual receiver of our goods, and that he, at the time 
 Lt. Piatt was ihere, had them in possession. It will be recollected 
 that this said Compis is the man to whom our clerk was intro- 
 duced by Messrs. Bergeest and Uhlhom, of this place, and 
 who has been the agent of most, if not all the houses in this 
 place, who have been robbed, to obtain justice for them, and 
 he has written us for a power of attorney to act in our place. 
 Three or four days since we received a message from a man 
 in power in that place, whose name is suppressed, but who, 
 we believe, is the present Alcalde ofFoxardo, (the Alcalde in 
 olTice at the time of your visit is removed,) offering to obtain 
 the value of the goods stolen, if we would relinquish to him 
 one half of the amount recovered. This we have consented 
 to, and have no doubt but it will be accomplished. 
 
75 
 
 We request you not to give any greater publiciiy to this 
 letter, and the documents you will receive, than is actually 
 necessary ; for the lives of the parties would be endangered. 
 
 We have the honour to be, sir, with respect, your most 
 obedient servants, 
 
 (Signed) CABOT, BAILEY, k CO. 
 
 Personally appeared before me, John G. Bailey, of the 
 firm of Cabot, Bailey, & Co., who solemnly swore to the 
 truth of the contents of the foregoing letter. 
 
 Island of St. Thomas, eighteenth day of February, one thousand eighi 
 hundred and twenty-five, 
 
 JOHN D. SLOAT, 
 
 Lieut. Comdt. U. S. J^fari/. 
 
 (Copy.) 
 
 Dear Sir. : Enclosed I hand sundry documents, obtained 
 at the request of Lieut. Piatt ; and should 1 hear of any thing 
 that I consider of service in this business, I shall procure a 
 deposition, and forward the same. 
 
 I waited on the Governor and Judge, in company with 
 Captain Sloat, to obtain extracts from records in the Govern- 
 or's office, as well as any court proceedings taken in the trial 
 of the pirates, which might fix the thing in Foxardo, but we 
 were informed there was none. But if you think it of utility, 
 (and I have no doubt but strong proof can be obtained from 
 said trial, as to the character of the inhabitants of Foxardo,) 
 you can obtain any document you may require, provided the 
 demand is made to this government through the Danish Mi- 
 nister, residing in the United States. 
 
 In the piratical business, which was discovered here, a 
 Foxardo boat made the principal tigure ; which boat and her 
 crew are now here under arrest. Piracies continue fre- 
 quent on the east and south coast of Porto Rico, committed 
 by open boats and a small schooner. One sloop lo;ided by 
 my house, has been captured, and the captain and crew have 
 not since been heard of. She lel't this on the 7th ult. for 
 Ponce, and on the 10th, the Telegraph at Ponce signalized a 
 sloop captured in sight. Siie was seen a few days after drift- 
 ing near Cape Rox — masts cut away, and no one on board of 
 her ; since which, one was captured from tiiis, oft'Guayama, 
 bound to Ponce ; and report says, that a brig is to windward 
 of "Dead Man's Chest," a prize to them. The Shark will 
 
76 
 
 ascertain the truth of this last report. She left this yester- 
 day morning. 
 
 Our town was half burned to the ground on the 13th inst. ; 
 and we may thank Captain Sloat and his crew for the preser- 
 vation of the balance, although not much is said about it in 
 the papers. The tire took in the centre of the town, and 
 burned to the west end. 
 
 With a tender of my services here, if required, I remain, 
 with respect, your most obedient servant, 
 
 (Signed) VV. FURNISS. 
 
 St. Thomas, l7//i Feb. 1825. 
 To Commo'e David Porter, Washington. 
 
 (Copy.) 
 
 St. Thomas, 16/A Febniari/y 1825. 
 W. P. FuRNiss, Esq. 
 
 Sir : It was on the evening of the 4tli, or morning of 
 the 5th May last, my store was broken open, and goods to the 
 amount of ^1200, along with my iron chest, containing about 
 ^300, in gold, besides a number of valuable papers, were car- 
 ried off. A person by the name of Pedro Cabrero, a Spaniard, 
 offered his services to secure the parties, who he said had gone 
 to Porto Rico; and he was fortunate enough in securing the most 
 of my papers, which he brought back, along with a i'ew pieces 
 of handkerchiefs. He got them in Foxardo, or close to it : 
 the chest they had broken in pieces, and the papers were 
 found near to it. The handkerchiefs were ideuiiiied by a 
 sample which Mr. Cabrero carried with him. Some people 
 who were supposed to have been accessary, were taken up 
 and lodged in jail, in the city of Porto Rico, but what was ul- 
 timately done with them, I have not since learned. 
 
 I am. Sir, your most obedient servant, 
 (Signed) ROBERT ALEXANDER. 
 
 P. S. — Inclosed you have a letter from Mr. Cabrero, ad- 
 dressed to me. 
 
 Mr. Robert Alexander, of St. Thomas, merchant, being 
 duly sworn upon the Holy Evangelist of Almighty God, doth 
 solemnly depose and say, that the contents ot the foregoing 
 letter, by him written, arejust and true. 
 
 ROBERT ALEXANDER. 
 St. Thomas, lllh February, 1825. 
 
77 
 
 I, John D. Sloat, commander of the United States' schooner 
 Grampus, do hereby certify, that the foregoing deposition 
 was this day duly sworn to, and subscribed in my presence. 
 
 Given under my hand at St. Thomas, this seventeenth day 
 of February, one thousand eight hundred and twenty-five. 
 (Signed) J. IX SLOAT. 
 
 (Copy.) 
 
 Metr Alesandro heman, da do el Plie go al jenera. Y me 
 Kianda a dfsir que me presente yno he Podi do ber i i carlo 
 Por ayame en ermo Pero sinenbar Go eldia Primeers del en- 
 trante Pienso ni Por loque tendra. V labor da de man dar 
 me loque hubiere reunido entre los ynteresados con el Por- 
 tador Jabor que quedare reconosido. 
 
 S. S. S. S. que S. B. 
 
 (Signed) PEDRO CABRERA. 
 
 (Copy.) 
 
 Saint Thomas. 
 
 By request of Lieutenant Commandant Charles T. Piatt, of 
 the United States' schooner Beagle, J. S. Cabot, acting for 
 Nathan Levy, Vice Consul of the United States for this Island, 
 did call and cause to come before me J. F. C. Bergeest, of 
 the firm of Bergeest and Uhlhorn, of this Island, who did so- 
 lemnly declare that, on the night of the 12th January, 1823, 
 their store was broken into, and robbed of merchandise and 
 their iron chest, containing money and all valuable papers, 
 at no less amount than ^100,000. The perpetrators of this 
 act were, about a month afterwards, discovered in the neigh- 
 bourhood of Foxardo, where the goods were sold, but they 
 have never been able to recover any proportion of them. 
 Their papers were found on their vvharf, on the 28th Febru- 
 ary ensuing. He also gave, as his opinion, that Naguabo, 
 near Foxardo, has, for a length of time, been the receptacle 
 of stolen goods ; and it is beyond a doubt, that all the robbe- 
 ries, which, for some years, have been committed in this Isl- 
 and, particularly that upon the store of Cabot, Bailey & Co. 
 was by the inhabitants of Foxardo, or its neighbourhood, and 
 to which place the goods were carried. 
 
 In testimony of the verity of the foregoing, he has annexed 
 his signature. 
 
 J. F. C. BERGEEST, 
 Partner of Beigeest A' Uhlhorn. 
 
78 
 
 I, btephen Cabot, do identify the same under my official 
 seal and signature, this seventeenth day of February, one 
 thousand eight hundred and twenty-five. 
 
 STEPHEN CABOT, 
 
 Per his Attorney 
 
 JNO. G. BAILED. 
 
 (Copy.) 
 
 Mr. A. Saubot, and Mr. Jean Joubert, of the house of Sau- 
 bot, Joubert k Co. of St. Thomas, merchants, being severally 
 duly sworn upon the Holy Evangelist of Almighty God,.do, 
 and each of them doth solemnly depose and say, that, on or 
 about the night of the twenty-fifth day of March last past, 
 their store, in St. Thomas, was broken into, by some person 
 or persons, unknown to them, and robbed of divers articles ; 
 and that, among those articles was their iron chest, in which 
 they usually kept their papers and money ; that, afterwards, 
 the Bills of Exchange, and other papers, which were in their 
 iron chest, at that time, were received by them from Foxardo ; 
 that these papers were said to have been thrown into the 
 house of Lieut. Col. Don Julian Villodas, commissioned by 
 the Government of Porto Rico, to make investigation and in- 
 quiry at Foxardo and the neighbourhood, respecting robbe- 
 ries committed at St. Thomas, the plunder of which was said 
 to be carried there. And these deponents further solemnly 
 swear, that several double Louis d'or, which were also iu 
 their iron chest, belonging to them, and carried away at the 
 time of the robbery aforesaid, were afterwards received at 
 St. Thomas, to their certain knowledge, from the coast and 
 neighbourhood of Foxardo ; and that they verily believe, 
 the whole of the property, of which they were at that time 
 robbed, was carried to Foxardo, or its vicinity. 
 
 (Signed) AUG'T SAUBOT. 
 
 St. Thomas, 17th Februaryy 1825. 
 J. Joubert. 
 
 1, John D. Sloat, commander of the United States' schooner 
 Grampus, do hereby certify, that the foregoing deposition 
 was this day duly sworn to, and subscribed in my presence. 
 
 Given under my hand at St. Thomas, this seventeenth day 
 of February, one thousand eight hundred and twenty-five. 
 
 (Signed) JOHN D. SLOAT. 
 
79 
 
 (Copy.) 
 
 Mr. Robert Browne, a partner in the house of Messrs. El- 
 lis, Gibson & Co. of St. Thomas, merchants, being duly sworn 
 upon the Holy Evangelist of Almighty God, doth solemnly de- 
 pose and say, that, on or about the night of the eighth day of 
 January, 1824, their store was broken into, and robbed of di- 
 vers articles of goods and merchandize, which were traced 
 to Foxardo, Naguaba, and Caguas, on the eastern coast of 
 Porto Rico ; that the goods and robbers were sent to the 
 city of St. Johns, where the goods were identified by Mr. 
 Gibson, another partner in the same house, who was there at. 
 the time — this deponent having written to him respecting 
 them ; that the robbers broke out of jail in the city, and that 
 some were afterwards re-taken ; that a suit is still going on 
 for the recovery of the aforesaid stolen goods, valued at about 
 three thousand five hundred dollars, the costs of which are 
 upwards of eleven hundred dollars, against the purchasers of 
 those goods, who are responsible people in Foxardo, Nagua- 
 ba and Caguas — but as yet without the recovery of any part 
 thereof. And this deponent further solemnly deposes and 
 eays, that he is convinced, from the information received by 
 his house, that the late robberies in this place have been 
 committed by some of the same gang, and the»goods secreted 
 along the coast about Foxardo, Naguaba, Caguas, &c. &c. 
 
 ROBERT BROWNE. 
 
 St. Thomas, l'7th Febrmrif, 1825. 
 
 I, John D. Sloat, commander of the United States' schooner 
 Grampus, do hereby certify, that the foregoing deposition was 
 this day duly sworn to, and subscribed, in my presence. 
 
 Given under my hand, at St. Thomas, this seventeenth day 
 «tf February, eighteen hundred and twenty-five. 
 
 (Signed) JOHN D. SLOAT. 
 
 (Copy) 
 
 St. Thobias, 15th February, 1823. 
 
 Messrs. Casot, Bailet, & Co. 
 
 Gentlemen : In consequence of your, Mr. Bailey, having 
 applied to us for the particulars we have elucidated regarding 
 the robbery of our store, on or about the 8th January, 18?4, 
 we beg leave to refer you to the enclosed letters : 
 
80 
 
 Nos. 1 k 2, dated Paynas, 23 January, 1824, 
 
 3, do. Foxardo, 27 March, do. 
 
 4, do. do. 9 Feb'y, do. 
 
 Vou can make what use you please of the above letters, 
 only the writer's name must be kept a profound secret. The 
 suit against tlie receivers and purchasers of the stolen pro- 
 perty, is still going on in the city of Porto Rico, where the 
 goods seized on the coast have been identified by our Mr. 
 Gibson, now absent on the Main. 
 
 We are gentlemen,yours, respectfully, 
 
 (Signed) ELLIS, GIBSON, & CO. 
 
 Personally appeared before me, Stephen Cabot, acting for 
 Nathan Levy, Vice-Consiil of the United States for this island, 
 Robert Browne, of the firm of Ellis, Gibson, & Co. who ac- 
 knowledged his signature to the annexed letter, and declared 
 that the letters attached, are the originals received by the 
 firm. 
 
 In testimony whereof, I have hereunto affixed my official 
 seal and signature, this seventeenth day of February, one 
 thousand eight hundred and twenty-five. 
 
 STEPHEN CABOT, 
 
 Per his Attorney 
 
 JNO. G. BAILEY. 
 
 No. I. 
 [translation.] 
 
 Mr. to Mr. John O' Kelly. 
 
 Cacuar, 23d Jianwan/, 1824. 
 Mv Friends : — In consequence of your favour of the 12th 
 current, relative to the robbery of our friend Gibson, com- 
 mitted on his store at St Thomas, I have, from the moment 
 of my receiving it, used the most efficacious means to disco- 
 ver some clue by which I might be enabled to find out, with 
 certainty, the thieves or receivers of the plundered proper- 
 ty ; and I have obtained from credible persons, positive in- 
 formation of the place where there is a considerable of the 
 effects, and indications of the direction which has been given 
 to the rest ; in this understanding, and not to risk the ju- 
 dicial proceedings in suspicious hands, I resolved that you 
 should, in the name of Gibson, request of the Captain Gene- 
 ral, a commission, that should exactly include Lieutenant Co- 
 lonel Dr. Julian Villoda, the bearer hereof, and with whom 
 
81 
 
 j'ou shall be understood at the time which I shall direct 
 therefor. 
 
 The same Villodas shall move some canses that the com- 
 mission be decreed as soon as possible, and come to join me 
 in this town, to go afterwards to Foxardo. The accompany- 
 ing memorial will serve you to make a fair copy, and present 
 it to the Captain General, which being decreed accordingly, 
 shall be delivered to tlie same Villodas. I charge you par- 
 ticularly, to take measures to conceal my name in this busi- 
 ness, because it is proper for my interests and the preserva- 
 tion of my relations. 
 
 Your most obedient servant, 
 
 Postscript. — I have punctually notified our friend of the 
 steps which I have taken, and of the commission sought by your 
 means, that he may understand the whole Colon. 
 
 (Copy.) 
 
 Caguas, 23d January, 18,24. 
 William Gibson, Esa. 
 
 Dear Sir : Your favoured of the 12th instant, I have duly 
 received, by which I am extremely sorry to find your store 
 was robbed in the night of the 8(h. In consequence of said 
 letter, I have made my utmost efforts to discover the thieves; 
 I have luckily succeeded in a great measure, by which rea- 
 son i proceeded to obtain, from the Governor, a commission 
 on a friend et a person of confidence, considering this the 
 only step that may be prudently adopted to make the recove- 
 ry : to the purpose, I have on this date wrote to our friend, T. 
 O'Kelly, a letter, of which the enclosed coppy will fully in- 
 formed you. The principal robber, Manuel Lamparo, (a 
 negro,) was in gaol at Naguabo, in the 20th instant, who was 
 very badly wounded by the people that praised him. I have 
 no doubt h' is now dead. I his declaration ; — he said he was 
 the only person that robbed your store, Mr. Soussrons's, et 
 others ; but would not complicate no other, or either say 
 where goods were : however, I hope, whitin a few days, to 
 have the pleasure of noticing yoy the capture et recovery of 
 robbers et gods. 
 
 I might have saved you the expenses of a mission by acting 
 myself, but I assure you this is a very dcsagreeable et tras- 
 cendental bus?iness in this Island, on which account I have 
 acted accordingly as you may perceived in the inclosed coppy. 
 
 The Commissioner is a Colonel of the expedicionary army 
 11 
 
^2 
 
 of Spanish Main, to whom I shall have to puy, et will there- 
 fore draw on you accordingly as it may be necessary. 
 
 Be please send me by the first opportunity the articles con- 
 tained in the enclosed list, directed to D. Juan Torres to the 
 care of D. Jore Turull by one of the wessells trading to the 
 city. 
 
 Meanwhile remain, dear sir, your ob't h. s't. 
 
 No. 3. 
 
 [TRANSLATION.} 
 
 Mr. ■ ' ■ ■ to Mr. William Gibson. 
 
 FoxARPO, 27//i March, l82*. 
 
 My Dear Frtend : I take up the pen to give you an ac- 
 count, and inform you circumstantially of the researches 
 which have been made concerning the robbery which was 
 committed in your store on the night of the day of Janu- 
 ary last. 
 
 From the judicial proceedings had for that purpose, it ap- 
 pears clearly and legally and justly proved who were the rob- 
 bers ; to what point they conducted the whole of the robbery 
 to its distribution among them ; what portions were intro- 
 duced by the Coasts within the jurisdiction of this town, and 
 what by those of Naguabo ; who were the assistants in the 
 carrying, land, and concealing, and who the purchasers. — 
 Among these last the very persons have been denounced. 
 
 Those who committed the robbery even in that Island : 
 John and Biiian, negroes, a Catalonian named Fan, an En- 
 glishman named Duato, another named James, and Man- 
 uel Lampajio, black. The whole of the robbery was com- 
 mitted at the Island Pines, in a boat which it is dotibtful whethei' 
 it were Antonio Gamboa's, or that of an Italian Yorgi. In that 
 Island the robbers distributed the plunder, dividing it into 
 equal parts, having introduced it into this Island by ihe ports 
 of Nyguabo and those of this District. 
 
 The purchasers of the plundered effects were in Xaguabo, 
 Dr. Itto Pachot, Dr. Francisco Pacheco, and Dr. .'ose Este- 
 baty Foul ; and in this District, Dr. Juan Gufao, all those 
 who had open shops of merchandize y chandlery. Pa- 
 chot, Pacheco, and Gafao, have themselves announced the 
 eflects which they purchased, specifying them article by ar- 
 ticle, what each article cost, and at what they sold them. 
 
 With respect to the purchasers who did not themselves an- 
 nounce, the acknowledged goods have been stopped with 
 them ; and as to those who have announced them, as they 
 nre subject to acknowledged responsibility, and having them- 
 
83 
 
 ielves announced them, their goods have not been stopped, 
 as all united have to answer and pay the total value of the 
 robbery, and the damages and costs occasioned in the inves- 
 tigation. 
 
 Also, the goods belonging to the Englishman, James and 
 Duate, have been arrested, consisting of a small portion of 
 lands, and a slave. And likewise of two inhabitants of Na- 
 guabo. named Ravelo and Garcia, which consist of another 
 certain portion of land. Moreover one Guayro has arrested 
 a sufliciently large quantity of the property of Antino Gam- 
 boa. This man. although he was not one of the gang who 
 committed the robbery in your store, is one of those belong- 
 ing to it, and has proved that he transported in the same 
 Guayro, to the bland of St. Bartholomew, the robbers Birian, 
 Juan, and the Catalan, Pan, to place them in safety. 
 
 The robber Manuel Lamparo has declared that in that Is- 
 land, he has belonging to him, in the possession of his wife 
 or concubine, named Paulina, two slaves, and the boat which 
 he sails. This Paulina is the mother of six children of Lam- 
 paro, of which 1 inform you, that you may secure the ne- 
 groes, boat and other goods, which are known to be Lampa- 
 ro's. 
 
 Of the effects plundered, there have only been recovered 
 one ordinary cloak, two Levitas frock coats, one shirt and un- 
 dress of Irish linen, and six Irish fowling pieces, and a pair 
 of pistols. 
 
 The efl'ects confessed by the same purchasers are the fol- 
 lowing : 
 
 D. Itto Pachot — 2 pieces cloth, 2 pieces Irish linens, I 
 piece Britlannias. D. Francisco Pacheco — 2 1-2 pieces cloth, 
 1 piece rouen, 1 piece coleta. D. JuanGufao — 2 pieces co- 
 leta, 2 pieces rouens, 3 pieces Irish linens, 2 1-2 pieces cloth, 
 3 pieces handkerchiefs, 5 (Levitas) frock coats, 1 coat, 1 pair 
 of pistols. D. Jose Esteva and Foute, who has not confess- 
 ed, but justified to the evidence — 2 pieces cloth, 5 pieces 
 Irish linens. 
 
 Hence you will infer how little they have confessed ; but 
 the law condemns them to answer for what is wanting, and to 
 suffer some infamous punishment, in which they will proba- 
 bly have indulgence as far as they have confessed. 
 
 From these investigations there are confined in the prisons 
 of Humacas, Naguabo, and the city of Porto Rico, Antonio 
 Revelo, Antonia Barbosa, Dr. Francisco Garcia, Dr. Jose 
 Garcia, Santiago Damaso, Dr. Esteban Tons, Tiburcio Cas- 
 tillo, Antonio Castillo, Magdalena Castillo, James and Manuel 
 Lamparo. These two la?t are robbers, the rest are fugitives. 
 
84 
 
 There remains then, nothing else in the business, but to 
 pursue some other legal forms, by which every thing proper 
 may be done to discover all the robbers, purchasers of the 
 stolen property, and how far they have co operated in thecrime. 
 The said formalities being concluded, the person commissioned 
 will take the voluminous writing made, the few effects seized, 
 and the accused, and will place the whole in the hands of his 
 Excellency, the Captain General, who will pass the process 
 to jurist, that he may consult on the decree which ought to 
 be made according to law ; and it is very natural for \ou to 
 appear as the actor, not only to demand what has been Ibund 
 and purchased, but also to establish the importance of the 
 property stolen with the costs besides, all which the purcha- 
 sers have to pay who have confessed, and those who have not 
 confessed what that h.ive, twenty times the amount of the pro- 
 perty stolen. That this may be concluded with the speed which 
 you ought to desire, it will be proper for you to come in per- 
 son as soon as possible, to give your personal presence to the 
 afl'uir, to come to the city in company witli the commission- 
 er, and before the affair is presented to the Captain General, 
 to submit It to an advocate, to give it before hand the proper 
 forms. 
 
 My friend, the Commissioner, has had the most fortunate 
 issue that could have been expected. You can calculate upon 
 the recovery ot the value of the stolen property. I am de- 
 lighted in having been the agent in this business. The Com- 
 missioner charged with the summary information, is worthy, 
 very worthy, of our acknowledgement, because to the jtrobi- 
 ty, efficacy and honour, with which his [)roceedings have been 
 marked, he has added a prudence as well as artful cunning to 
 come at a complete discovery of the whole. 
 I am, &c. 
 
 P. S. Of this same date and according to letter of advice, 
 I have drawn on you in favour of Dr. Hamon de Alustiza for 
 the sum of jj250, which sum I shall deliver to the Commis- 
 i;ioner on account of his trouble. 
 
 No. 4. 
 
 [translation.] 
 
 j\jy, to Mr. John O'Kdhj. 
 
 FoxARDO, 9//t February, 1824. 
 
 MvEsTEEMEn Frien'd : You could scarcely suppose the 
 progress which to this date our investigations have made, by 
 
85 
 
 raeans of the Commission which I mentioned to you in my 
 last, and to what effect your favour in favour of D.Julian 
 O'Kelly was used. At this moment the authors of the rob- 
 bery are known to be James and Manuel Lamparo: they are 
 prisoners in the capital, with the greatest injunctions on our 
 part for their security, and the other accomplices have em- 
 barked, and we do not lose the hope of taking them soon, ac- 
 cording to information, that they must return. Some rem- 
 nants and pieces have been recovered, and others which have 
 passed to second and third possessors, must be made good by 
 the mala fide purcharers against whom the commission is pro- 
 ceeding. This impulse, from the recommendations of the 
 government and from the desire of serving you particularly, 
 loses no vigilance nor a moment in your service, yet we have 
 stil! much to discover, because most of the effects are already 
 dispersed. 
 
 Under date of the 23d of January, I wrote to you from 
 Caguas ; and, for the more complete termination of the busi- 
 ness, it is absolutely indispensable that what I (hen mention- 
 ed should be attended to ; not forgetting to furnish me, as I 
 told you, for the expenses which are incurred, and of which 
 I have already paid a part, an account of which 1 shall pro- 
 duce in proper time. 
 
 In virtue of the offer made by you in the newspaper to 
 him, who should discover the robbery, 1 have not hesitated 
 to make it to the Commissioner in particular, justly thinking 
 that you must approve it ; for although it ought not to be offered 
 as a stimulous, it ought justly to be given him as an indemni- 
 fication for his extraordinary efforts — efforts which alone 
 could have brought the business to the state in which it is, 
 I hope, therefore, that you will answer me circumstantially, 
 and as soon as possible, upon each of the points of this and 
 my former. 
 
 The enclosed will serve you to direct it with safety to its 
 title, because it extremely concerns me. If, with the bearer 
 you can send me two mattrasses for a bedstead, I will ac- 
 knowledge it, or on another occasion secure it. 
 
 U. S. Schooner Grampus, > 
 
 St. Thomas, 4lh Feb. 1825. ^ 
 
 Sir : I heard, with great regret, that you have been re- 
 called from the command of the West India Squadron, on ac- 
 count of the Foxardo affair ; since which, I have every day 
 been more and more satisfied of the propriety and necessity 
 ot treating these people in that way. There is not the least 
 
\ 
 
 86 
 
 ♦loubt, but the authorities of that place were concerned with, 
 ©r, at any rate under the complete influence of Compus, u 
 rich and influential merchant, who, we have since ascertain- 
 ed to a certainty, had the goods of Cabot, Bailey &i Co. at the 
 time of Captain Piatt's visit there, and that he was, no doubt, 
 the cause of his and Mr. Ritchie's being confined, to prevent 
 their getting information, and to induce them, with the young 
 men sent from St. Thomas, in the Beagle, to leave the place 
 as soon as released. The new Commandant of Foxardo has 
 recently sent a person to St. Thomas, to negotiate with Ca- 
 bot, Bailey & Co. for the recovery of the property, and has 
 entered into a written agreement with them, to prosecute 
 this man, and to be at all the trouble and expense, for one 
 half of what he gets. lie says he can prove, beyond the pos- 
 sibility of doubt, that this man had the goods ; this, of course, 
 must be kept secret at present. Bailey has entered into this 
 agreement, by the advice of the Government of St. Thomas ; 
 and, after he obtains as much of the property as he can, the 
 Governor is to demand of the Government of Porto Rico the 
 remainder of the property, and the punishment of Compus. 
 These, and many other circumstances about these people, 
 hare come to my knowledge, that may perhaps be servicea- 
 ble to you in the investigation that is said to be intended about 
 the afn^ir ; and 1 assure you, it will give me much pleasure 
 to throw any light on the .subject in my power. 
 
 Very respectfully, I am, Sir, your obed't humble servant.. 
 (Signed) JOHN D. SLOAT. 
 
 To Commo'e David Porter, U. S. J^avy. 
 
 (Extract.) 
 U. S. Schooner Grampus, St. Thomas, l2//i March, 1825. 
 Sir : I have the honour to enclose you the deposition of 
 the master and owner of the sloop Neptune, of this place. 
 I have taken and forwarded it, thinking it may be serviceable 
 to you in the investigation of the Foxardo affair, as it shews 
 the character of the people of that vicinity. Since you were 
 here, they have robbed and captured several small vessels 
 belonging to this place, and fitted out one or two of them, as 
 pirates. Having obtained this intelligence, I procured two 
 small sloops, such as are used in this trade, manned them, 
 with the intention to examine all the small hai'bours of Crab 
 fsland, and the Coast of Porto Rico, where the Grampus 
 «;ould not enter ; and as a decoy, my plan succeeded, and io 
 Boca del Ferno, Lieut. Pendergrast was so fortunate as to 
 fall in with one of them, who gave chase to him. On coming 
 
87 
 
 near, however, he became suspicious, and tacked. Mr. Pea- 
 dergrast then fired on him, which he immediately returned, 
 and kept up the action for forty-five minutes, when he ran oa 
 shore, and they all jumped overboard, and swam to shore. 
 They were nearly all killed or wounded ; ten of those which 
 escaped were taken by the soldiers, five or six of which are 
 wounded, amongst them the famous piratical chief Cofrecine, 
 who has long been the terror of the Coast. The sloop I have 
 taken is the new sloop belonging to the man that pilotted us to 
 Foxardo, and was on the stocks when we were there. He 
 had just got her ready for sea, and had taken her a few miles 
 from that place to take in a cargo, when she was taken from 
 him. By the nest opportunity 1 will send you his deposition. 
 With respects to Mr. Porter, 1 am, sir, your obedient ser- 
 vant, 
 
 (Signed) JOHN D. SLOAT. 
 
 To Comuiodoie David Porter, U. S. J\'at)j/, Washington. 
 
 P. S. Since writing the above, I have met with Captain 
 Low, and have taken his declaration, which is enclosed. 
 
 (Copy.) 
 
 Salvador Pastorise, of St. Thomas, being duly sworn ac- 
 cording to law, deposes and says, that on or about the thirty- 
 first day of January last, he sailed from St. Thomas in cont- 
 mand of the sloop Neptune, of which he was owner, with a 
 large cargo of provisions and dry goods, bound to Las Platil- 
 las, in the Island of Porto Rico, where he arrived in safety, 
 and obtained a permit to discharge the cargo in Hobos, a small 
 port within twenty-five or thirty miles of Foxardo. That 
 going into Hobos, he was boarded inside of the harbour by a 
 small piratical boat, containing eight or ten men, who con 
 tinned firing into him from the time they were within 
 musket shot until he was out of their reach with his smalJ 
 boat, which he got out and escaped in with his people, 
 not, however, until he received a shot in the back of his 
 head. That these pirates were not content with the cap- 
 ture of his sloop, but after putting four men on board of her, 
 the rest of them pursued him and his people in their boat., 
 with the intention, as this deponent believes, of putting them 
 to death, if they were overtaken. And this deponent further 
 says, that he knows the persons of four, and the names of two 
 of those pirates, which are Rovelto Cot'usci, a Creole of Porto) 
 Kico, and Pedro Salovi, an Italian, but married and settled 
 in Porto Rico, about ten miles from Foxardo, and thsit tli«' 
 
88 
 
 oilier ttvo are Creoles of Porlo Rico. 'J'liat he has not since 
 seen his sloop, which he is informed and beheves to be titled 
 out as a pirate, and cruising as such about coasts of Forto 
 Rico, &.C. 
 
 (Signed) S. PASTORISE. 
 
 I, John D. Sloat, commander of the U. S. schooner Gram- 
 pus, do hereby certify that the foregoing deposition was this 
 day duly sworn to and subscril)e(l in my presence. 
 
 Given under my hand at St. Thomas, this sixth day of 
 March, 1825. 
 
 (Signed) JOHN D. SLOAT. 
 
 (Copy) 
 
 John Low, of St. Thomas, being duly sworn according to 
 law, deposes and says, that on or about the eighteenth day of 
 Februai'y last, he sailed from Foxardo, in Porto Rico, in the 
 sloop Anne, of St. Thomas, of which he was master and own- 
 er, for Cape Rapalraa, a small port within ai» iiour's sail of 
 Foxardo, for the purpose of getting a cargo, at which place he 
 came to an anchor, and at midnight of the twentieth, was there 
 boarded and captured by a small piratical row-boat with eight 
 men, the leader of whom robbed him of about twenty dollars 
 from his pockets, and then obliged him and his people to jump 
 overboard ; they ail fortunately reached the shore, where they 
 remained until an opportunity offered for St. Thomas. On 
 this deponent's arrival at St. Thomas, he reported the affair 
 to the government, and on the first of this month sailed in this 
 schooner in pursuit of his vessel, which had been fitted out 
 and was cruising as a pirate, and was on board the sloop un- 
 der the command of Lieut. Pendergrast of this vessel, when 
 liis sloop was identified by him and recaptured from the pi- 
 rates by that ollicer and his command, and on her arrival at this 
 place delivered to him as the rightful owner. 
 
 (Signed) JOHN LOW. 
 
 On board the U. S. Schooner Grampus, St. Thomas, loth March, iQib. 
 
 I, John D. Sloat, commander of the U. S. Schooner Gram- 
 ])us, do hereby certify that the foregoing deposition was this 
 day duly sworn to and subscribed in my presence. 
 
 Given under my hand on board the U. S. Schooner Gram- 
 pus, at St. Thomas, this thirteenth day of ftlarch, 1825. 
 
 (Signed) JOHN D. SLOAT. 
 
m 
 
 (Copy.) 
 
 St. Thomas, 6th March. 
 
 Dear Sir ; Without doubt, ere this you have my respects 
 per Beagle, containing an account of the tire which took 
 place on the 12th ult. We then supposed it was occasioned 
 by accident ; since which, the frequent attempts to fire the 
 remaining half has led a large part of the community to sup- 
 pose that it was the work of an incendiary. That fact is, that 
 this place and the neighbourhood has, for a length of time, 
 been frequented by pirates ; and there exists no doubt, but 
 the frequent attempts, (seven in number since the 12th,) 
 which have lately been made, have originated with the gang, 
 part of which are lodged in the fort of this place. 
 
 On the 12th ult. during the fire, and when it was supposed 
 it was gaining on the upper town, the pirates in the fort cheer- 
 ed, and appeared to be pleased that the success had been so 
 great, in the accomplishment of their views. 
 
 Business is completely at a stand, and will, I fear, continue 
 so, till a more efficient force is sent on this station. The Go- 
 vernment of this Island is without force. The prisoners now 
 in the fort, is nearly equal to the garrison; and although the 
 Governor is using every exertion for the preservation of the 
 remains of the town, and is inclined to execute the pirates 
 now in confinement, still the laws are not sufficiently strong 
 to warrant him in so doing. 
 
 The gang on the coast of Porto Rico must now exceed 
 eighty ; and they have several small vessels in which they 
 cruize. . 
 
 The commander of the Grampus does all in his power, but 
 this force is not sufficient ; and if our Government does not 
 send out a larger force on this station, I fear that the flourish- 
 ing trade from our country to this will be done up. 
 
 The inhabitants of this Island are in a state of continual 
 alarm ; we are not only on the alert against fire, but fear that 
 these desperadoes will attempt, during the flames, to assassi- 
 nate the inhabitants. If you can influence the Secretary of 
 the Navy to send us a further force on this station, you will 
 confer a great favour on all the resident Americans. 
 
 In making known this communication, have the goodness 
 to keep the name of the writer a secret, as the Government 
 use every means in their power to keep the true state of 
 things from coming to the ears of the public, supposing it will 
 be detrimental to the trade of the place. 
 
 With respect, I remain your most obedient servant- 
 To Commo'e David Porter, Waskingfen. 
 12 
 
$0 
 
 (Copy.) 
 
 U. S. Schooner Grampus, } 
 St. ThomA8, I2lk Dec. 1824. S 
 
 SiTi : In pursuance of your orflers of the 1.5th November, 
 J024, I have the honour to report, that I visited Antigua and 
 St. Christophers. I delivered your message to Governor 
 Maxwell, who appeared to be very much gr;iti(ied to hear 
 from you. With regard to the prisoners there, I found, oa 
 inquiry, thai, in a fracas, two sailors, on board an American 
 brig, had beaten and wounded, with a knife, the cook, so that 
 he died in about thirty six hours after. An inquest was held, 
 and, from the declaration of the dying man. and the testimony 
 of another black man, gave a verdict of wilful murder ; since 
 which time, (about seven months) these men have been con- 
 fined. Finding the crime to have been committed within the 
 jurisdiction of the English Government, I did not believe it 
 would be cognizable in our Courts ; and, as there could not 
 be obtained any other testimony than that given before the 
 Inquest, which 1 did not believe would be received in our 
 Courts, even if the men could be tried, and as also it would 
 subject the United States to a heavy expense, for their main- 
 tenatice, &c. ever since their confinement, I did not think 
 proper to take them. They will now shortly be tried. Go- 
 vernor Maxwell was willmg to give them up, but the Chief 
 Justice thought they could not properly do so, and if they 
 did, that the culprits would escape from our Courts, for want 
 of jurisdiction and testimony. 
 
 I inclose you the official account from Porto Rico of our 
 expedition to that Island. Several gentlemen I have seen 
 from there, informed me, that it created a great sensation, 
 and that Le Torres threatens to retaliate on the first Ameri- 
 can officer be can catch, by making him walk barefooted to 
 Fajardo. The Captain of the Port and the Military Com- 
 mandant have been broke and confined. The Alcalde made 
 his * scape, and is now in this place. As I have no inclina- 
 tion to march barefooted to Fajardo, I cannot go to Porto 
 Rico for water. I shall therefore be obliged to purchase it 
 at this place, or go down to St. Domingo, which I think I 
 shall do before long, as I intend to visit the Mona passage in 
 a few days. We have nothing new on this station worthy of 
 communication. Since you left, we have had so much blow- 
 ing and rainy weather, that 1 find my old suit of sails going so 
 fast, that I feel it my duty to inform you, that I shall not be 
 able to make them hold out more than two or three months, 
 at farthest ; when, if I am not relieved, or receive orders to 
 return home, I shall be obliged to incur a very heavy ex- 
 
91 
 
 pense, to get a new suit of sails at this place, to keep my ves.- 
 se\ in a proper state of safety and efficiency. I beg, there- 
 fore, I may receive your instructions before that time, how 
 to act. It is very easy to get orders to me by way of New 
 York, by inclosing them under cover to Cabot, Bailey, &. Co. 
 St. Thomas, and send them to J. Balestier & Co. No. 81, 
 Pine street. New York. They will be sure to come by the 
 first vessel. As the two houses are connected in business, 
 he knows of every opportunity. 
 
 I have the honour to be, very respectfully, Sir, yourobedir 
 ent servant, 
 
 (Signed) JOHN D. SLOAT. 
 
 To Cotnmo'e David Porter, 
 
 Commander in Chief of the Naval Forces of the U.S, 
 in the W. Indies and Gulf of Mexico. 
 
 (Copy.) 
 
 Washiugtow, May 6lh, 1825. 
 
 *SiR : I have the honour to transmit to you a number of 
 original letters and depositions, respecting transactions at 
 Foxardo, and the piratical character of the place. 
 
 1 have the honour to be, your obedient servant, 
 
 (Signed) D. PORTER. 
 
 Hon. Sam'l L. SocthArd, Secretary of the Navy, 
 
 I shall now give a copy of my letter to the Captain Gene- 
 ral of Porto Rico, written, as will be perceived by the date, 
 on my first arrival in the West Indies, and before the death 
 of Lieut. Cocke, apprising him of the object of my visit, and 
 calling on him for co-operation. I shall then give a correct 
 copy of my letter to the Governor of Foxardo, and a trans- 
 lation from the Gaceta del Gobierno de Puerto Rico, which 
 bears evidence of being the production, and published by the 
 authority of the Captain General of that Island. 
 
 After a perusal of the documents accompanying this de- 
 fence, after being acquainted with the iniquitous conduct of 
 the inhabitants of Porto Rico, after the neglect of the Captain 
 General to furnir^hthat aid and assistance for the suppression 
 of piracy, which it was his duty to have afforded, after a 
 knowledge of the object that took Lieut. Piatt to Foxardo, 
 and the only object that took me there, and after redress and 
 the only redress obtainable had been obtained, who will dare 
 to say that the hves and property of our fellow-citizens are 
 safe in any part of the Island of Puerto Rico, while it remains 
 under the government of a man so distinguished for his hos' 
 
 * The above letter accompanied the Documents rejected by the Court, 
 
92 
 
 tility to our country, and for his mischievous character as 
 Don Maguel de Torres, the undoubted author of the inflam- 
 matory production above-mentioned ? The Island of Porto 
 Kico can be considered in no other light than as an Island of 
 Pirates, of which he is their Chief, and every nation who re- 
 gards her own interests and the safety of her citizens, should 
 unite in putting them down by blockade, reprisal, or if ne- 
 cessary, by conquest 
 
 If Don Miguel de Torres was of a virtuous and pacific 
 disposition, he would have taken the only proper means of ob- 
 taining redress, either through his own government, or by a 
 direct appeal to ours ; but as he has thought proper to give 
 way to his wild and uncontrollable feelings, and thereby ex- 
 citing the malignant and mischievous propensities of those 
 under his orders, placing by his publications the lives and 
 property of the citizens of the United States in Porto Rico 
 at hazard, he has lost sight of what was due to his own gov- 
 ernment, to humanity, to his character of a respectable 
 Chief, and forfeited his claim on this country for reparation, 
 if any was due. 
 
 (Copy) 
 U. S. Ship Peacock, March Mh, 1823. 
 
 To his Excellency the Governor of Porto Rico. 
 
 Your Excellency : I have the honour to inform you that 
 in pursuance of orders from my government, I have taken 
 command of all the I'nited States' Naval forces in those seas, 
 for the protection of the Commerce of the United States, 
 against all unlawful interruptions, to guard the rights, both of 
 property and person, of our citizens, whenever it shall be- 
 come necessary, .ind for the suppression of piracy and the 
 slave trade. 
 
 As great complaints have been made of the interruption and 
 injury to our comiuerce by privateers titted out from Spanish 
 ports ; I must beg your Excellency to furnish me a descrip- 
 tive list of vessels legally commissioned to cruise from Porto 
 Rico, with a set of the blank forms of their papers, that I may 
 know how, and when, to respect them, if I should meet with 
 any of them. 
 
 I must also beg your Excellency to inform me how far they 
 have been instructed to interrupt our trade with Mexico and 
 the Colombian Republic, and whatever instructions or author- 
 ities they may have affecting our commerce generally. 
 
 As the suppression of piracy, the principal motive for my 
 visit to those seas, is an object that concerns all nations, (all 
 
93 
 
 being parties against them and may be considered allies.) 1 
 confidently look to all lor co-operation whenever it may be 
 necessary, or at least their favourable and friendly support, 
 and to none more than those most exposed to their depreda- 
 tions. I, therefore, look with confidence to your Excellency 
 for the aid of such means as may be in your power for their 
 suppression, and in the absence of means, I beg to assure your. 
 Excellency, that whatever course may be pursued by me, to 
 destroy these enemies of the human race, it will have no other 
 aim : and I shall observe the utmost caution not to encroach 
 on the rights, or willingly ofiend the feelings, of others, either 
 in substance or in form, in all the measures which may be 
 adopted, to accomplish the end in view. 
 
 it will afford me sincere pleasure, should I be so fortunate 
 as to fulfil the expectations of my government, and at the same 
 time, preserve harmony and a good understanding with thoee 
 with whom I may be so unfortunate as to come in collision, 
 or discussion in relation thereto : indeed, it will add much to 
 my happiness, ifit can be avoided altogether. 
 
 That such is my sincere wish, and that the objects set forth 
 by me, are the only ones which brought me to those seas, I 
 beg leave to assure your Excellency in the most positive and 
 unequivocal terms. 
 
 With the highest respect, I have the honour to be, your 
 Excellency's very obedient humble servant, 
 
 (Signed) D. PORTER. 
 
 (Copy.) 
 U. S. Ship John Adams, J^fov. 12th, 1824. 
 
 Sir : It has been officially reported to me, that an offi- 
 cer under my command, who visited the town of Foxardo, 
 of which you are the Chief, in search of robbers and free- 
 booters, who with a large amount of American prop- 
 erty, were supposed to have taken shelter there, and bring- 
 ing with him sufficient testimonials as to his object and 
 character, was, after they were all made known to you, 
 arrested by your order by armed men, and shamefully in- 
 sulted and abused in your presence by the Captain of the 
 port, after which, he was sent by your orders, to prison, and 
 when released therefrom, was further insulted and abused by 
 the inhabitants of the town. His object in visiting Foxardo 
 has by these means been defeated, and for these offences no 
 atonement or explijoation has yet been made. 
 
94 
 
 The object of my visit is to obtain both, and I leave it en- 
 tirely to your choice, whether to come with the Captain of 
 the port and the other offenders to me, for the purpose of sat- 
 isfyitijf me, as to the part you have ail had in this shamefql 
 transaction, or to await my visit at your town. Should you 
 decline coming to me, I shall take with me an armed force, 
 competent to |)unish the aj^giessors, and if any resistance is 
 made, the total destruction of Foxardo will be the certaia 
 and immediate consetjuence. 
 
 If atonement for tt^e injury is promptly made, the innocent 
 of the offences will escape all punishment — but atonement 
 must and will be had, and if it is withheld from me, they will 
 be involved in the general chastisement. 
 
 I shall hold the town and vessels in the harbour answera- 
 ble for any detention or ill treatment of the officers who 
 bear this letter. 
 
 1 allow you one hour to decide on the course you will pur- 
 sue, at the expiration of which time, if you do not present 
 yourself to me, I shall march to Foxardo. 
 
 I have the honour to be, with great respect, your very 
 obedient servant, 
 
 (Sicrned) D. PORTER. 
 
 To the Alcalde ov Foxardo. 
 
 (Copy.) 
 
 " Porto Rico, J^ovember 23d, 1824. 
 " Shameful aggressio7i, by Captain Porter, of the United States* 
 Frigate John Adams, in violation of the Rights of Nations. 
 
 "On the 14th of the present month, the commander of the 
 United States' Frigate John Adams, displaying the flag of a 
 nation with which we are at peace, and with which there was 
 no appearance of our having declared war, anchored in the port 
 of Fajardo, with two schooners, landed a number of armed 
 troops, and placing himself at their head, under specious pre- 
 texts, threatened destruction to the town, and to the lives of 
 its inhabitants, who had no other bulwark but their own cou- 
 rage, and no other authority in their front, but that of an Al- 
 calde and of a militia officer of the district. He carried in 
 inconsiderate enterprise so far, (taking advantage of the sur- 
 prise of the moment, and of the state of peace in which we 
 are with the nation whose flag waved over him,) as to spike 
 the artillery, re-embarking when the people began to collect, 
 by which he avoided the punishment which was his due. If 
 his precipitate embarkation, and the weakness of the Alcalde, 
 (whom we cannot positively pronounce culpable, on account 
 
9^ 
 
 of our not being yet acquainted with all the circumstances,) 
 saved Captain Porter from the indignation of a people most 
 atrociously insulted, and, for the present, from the punish- 
 ment which the Lhws of Society impose, the thinking world 
 nill judge of the criminality in both cases of the aforesaid 
 Porter, as a public man, commanding the naval forces of a 
 civilized nation, and as a private individual, according to the 
 result of the facts we are about to relate. 
 
 *' Under date of the 30th of October, the Alcalde of the 
 aforementioned town of Fajardo, gave notice that at 7 o'clock 
 on the evening of the 2Gth, the American war schooner Bea- 
 gle, Captain J. Piatt, had arrived at that port, having on board 
 Mr George Beafon, clerk in the house of Cabot and Bailey, 
 in the island of St. Thomas, with orders and recommendations 
 from Mr. John Campus, of that place, in search of some goods 
 said to have been stolen from the said house, on the night of 
 the 24th~25th of March. 
 
 " The Captain of the port, (to whom, as well as to the other 
 military authorities, vigilance was recommended on account 
 ©f the number of vessels, which, according to advices re- 
 ceived, had been titted out in the United States, under the 
 flags of what are called the insurgent States,) had his suspi- 
 <i;ions of the brig, and requested the assistance of the Alcalde 
 to examine her papers; when finding them regural, he gave 
 the schooner liberty to proceed on her voyage the same 
 day. 
 
 *• Under the date of the 14th, he says, that at 7 o'clock of 
 that day, information was received of two American schooners 
 with launches in tow, having passed the isle of Palominos, 
 which is in front of the port ; that, from these launches, bear- 
 ing the American flng, one hundred and fifty armed men land- 
 ed, and with a drum beating, marched to the town, where the 
 people of the neighbourhood had already begun to assemble, 
 armed with whatever they could lay their hands on, and re- 
 solved, as good Spaniards, to sell dear the ground they occu- 
 pied, when they observed a white flag borne in front, and 
 having been commanded to halt, he went out and met an ofli- 
 cer, who bi'ought the Alcalde a letter in English, a literal 
 translation of which follows : 
 
 " U. S. Frigate John Adams, J^ovember \2lh, 1824. 
 " Sir: I have been officially informed, that an officer under 
 my orders who visited the town of Fajardo, of which you 
 are chief, in search of, which with a great quantity of Amer- 
 ican property were supposed to be secreted there, and car- 
 rying with him sufficient testimottials of his object and cha- 
 racter, was, after he had made all known to yon. sir, arrested 
 
96 
 
 through your orders, by armed men, and shamefully insulted 
 and iibused in your presence, by the Captain of the port; — 
 and that, after he na? sent away by your orders, and set at 
 liberty, he was insulted and abused afresh, by the inhabitants 
 of the town. 
 
 " His object in visiting FaJHrdo has been frustrated through 
 these means, and for these otlences has been made neither 
 expiation nor explanation. 
 
 " The object of my visit is to obtain both, and I leave it en- 
 tirely to your choice, either to come with the Captain of the 
 port and the other offenders where I am, to give me satisfac- 
 tion for the part which you have all had in this shameful af- 
 fair, or to ex{)ect my visit in your town. If you, sir, decline to 
 come to me, I shall lake with me an armed force competent 
 to chastise the transgressors ; and if any resistance be made, 
 the total destruction of Fajardo shall be the certain and im- 
 mediate consequence. 
 
 " if atonement for the injury is promptly made, those inno- 
 cent of the offence shall escape all punishment: but there 
 must and shall be an atonement, and if 1 am impeded, they 
 shall be involved in the general punishment. 
 ,5 "1 shall hold the town and the vessels in port, if the officer 
 who is sent with this letter be detained or ill treated. 
 
 " 1 grant you, sir, an hour to decide on the subject, at the 
 expiration of which period, if you do not present yourself in 
 person before me, I shall march to Fajardo. 
 
 " 1 have the honour to be, with great respect, your obedient 
 servant, (Signed) D. N PORTER, 
 
 Commander of the Naval forces oflhe United Stales on thecoaslof 
 Africa and Florida, in Ihe AnliUes and the Gulf of Mexico, 
 To the Alcalde of Fajardo. '>'* 
 
 " The Alcalde says that, to avoid the consequences with 
 which he saw the town was threatened, he resolved to go and 
 speak to Commodore Porter, with whom he held a confer- 
 ence in the most friendly manner, and, after having removed 
 all difficulties, retired. After this he supposes they spiked 
 the four pieces of artillery at the port. 
 
 " Various persons who were present say, that Commodore 
 Porter and the Alcalde having interchanged invitations to par- 
 take of refreshments, the former accepted the invitation of 
 the latter, passing to the town : but that when he arrived 
 where the people of the neighbourhood were collected, who 
 had a cannon ready with a lighted match, and when he saw 
 their boldness and resolution, he excused himself under va- 
 rious pretences and retired immediately. 
 
 ♦' It is inferred from the contents of Commodore Porter's lei- 
 
9^ 
 
 ler, that he made his threat with the intention of taking com- 
 mand of the town, before disembarking ; but he must now 
 know the people of Porto Rico well enough, to be convinced 
 {hat even the small time he allowed them, might have cost 
 him dear, and that only by abusing good faith and confidence 
 in the friendly relation? of the thig he bore, could he have 
 succeeded in entering upon the^ territory without paying for 
 it with the life of as many as were bold enough to make the 
 attempt, and so was he in person at the head of his troops till 
 they were commanded to halt at the entrance of the town. 
 
 " The arrogant tone of Captain Porter, in his threat to the 
 miserable Alcalde of a defenceless town, of a friendly nation, 
 demanding satisfaction for an offence, which is denied to have 
 been committed, and satisfaction for which, even if certain, 
 should have been exacted only from the sovereign, with 
 arms in hand, is suflicient proof that his conduct has been a 
 crime against the laws of nations and of honour. 
 
 " If Captain Porter has acted as an officer of the Navy of the 
 United States, not only has he offended the Spanish nation, by- 
 violating its territory, and committing hostilities and outrages, 
 when it was reposing m the conlidence that he brought peace 
 with him ; but he has committed an offence against all the 
 recognized nations of the civilized world ; and even against 
 his own, by usurping sovereignty, to which only it apper- 
 tains to change a state of peace to one of war. 
 
 " It will be enough to tell Commodore Porter, the laws 
 which ought to be observed, in respect to the rights of na- 
 tions. ' If a private person,' says Vattel, ' wishes to prose- 
 cute his rights, in opposition to the subject of a foreign pow- 
 er, he can apply to the sovereign of his adversary, or to the 
 magistrate who exercises the public authority, and if he does 
 not obtain justice, he ought to apply to his own sovereign, 
 who is bound to protect him.' 
 
 " ' To take up arms,' says the same author, ' it is necessa- 
 ry, first, that vve have just cause of complaint ; secondly, 
 that we have been denied reasonable satisfaction.' And, in 
 another place, he says, ' To enter, with an army, into a 
 neighbouring country, which we have not threatened, and 
 without having tried to obtain an equitable reparation for the 
 wrongs we think we have received, will be to introduce a 
 method fatal to humanity, and to destroy the Ibundation of 
 the tranquillity and security of nations. If public indii^natiuu, 
 and the agreement of civilized people had, not prescribed this 
 mode of procedure, it would be necessary to remain always 
 armed, and to be in the same state of preparation in full 
 peace, as in open war."' Compare, for a m'uueul, thi'j do""- 
 
 13 
 
>J6 
 
 Inne witli llie contents of the letter of the American Captain, 
 and with his conduct, and you will see immediately the cri- 
 minahty vvliich his proceeding's involve. 
 
 " Among the causes, which the author from whom we have 
 taken these doctrines, gives, as those which will justify a na- 
 tion in having recourse to auns, is a just motive of complaint, 
 of which reasonable satisfactian has been refused. 
 
 " Independent of the want of authority in Captain Porter, to 
 make use of the arms given him for other purposes, the cause 
 of complaint rests in an injury which supposes to have been 
 done to an officer umler his command. According to another 
 author, an injury to a person can be done in three ways : — 
 *• either by denying hiin that which is his due ; by depriving 
 him of that which he lawfully holds ; or by doing him an evil, 
 which there is no right to do unto him.' 
 
 " None of these three circumstances is observed in the case 
 which Commodore Porter brings I'orward — and all three con- 
 cur in his perhilious aggression. When the Captain of the 
 port of Fajardo wished to assure himself of the lawfulness of 
 the proceedings of the schooner Beagle, he used a very legal 
 right; and to the exercise of which occasion was given by 
 the nature of the vessel ; by the character of the crews with 
 which tlie enemy's vessels are manned ; and by the advices, 
 mentioned above, which had been received. But, applying 
 this to Commodore Porter, we find him deny the Governor 
 of the Island the indisputable right he has to administer jus- 
 tice ; we tind him usurp the exercise of this authority in a 
 case of private property, depriving the people of the tran- 
 quillity they enjoyed, and his Mnjesty of the use of his arms, 
 and cominittin>i hostilities without any authority. 
 
 " To threaten the whole population of a little town with 
 destruction, if it did not give him a satisfaction which he has 
 not obtained, and could not have obtained in the manner he 
 solicited, whatever may have been the conduct of the Al- 
 calde of Fajardo, is to gainsay the opinion we had formed of 
 Captain Porter, who we supposed to possess those noble, hu- 
 mane, and generous sentiments which are proper to a gen- 
 tleman. But to abuse the good faith of the Treaties under 
 which we live, to employ force against weakness, and then to 
 retire without accomplishing his object, and without fulfilling 
 his duties as a commander, when he saw a force was collected 
 to oppose him, is to act directly contrary to those sentiments. 
 
 '•If he believed ihat saiistaction was due to the officer under 
 his orders, it was not to be obtained but through the compe- 
 tent authority, that is the Captain General of the Island, and 
 not the Alcalde of a town, which, on the other hand, charges 
 
99 
 
 him with being tl.c aggressor. Whatever has been done or 
 said by the Alcalde, will be considered as the personal pro- 
 ceedings of a weak man, overpowered by force, and can in 
 no way be any satisfaction to Captain Porter of bis aggrieved 
 officer. If thoy desire a satisfaction purely personal, as offi- 
 cers of honour, they ought to know that tiiere are other ways 
 of obtaining it. We will not be those who shall decide as to 
 the true qualities of the conduct observed by Commodore 
 Porter. VVe leave it to the whole world to compare it with 
 what is painted by one of the authors, of which we have al- 
 ready s^joken. 
 
 " ' Those who have recourse to arms without necessity, are 
 the plagues of the 'human family — they are the barbarous 
 enemies of society, and rebels against the laws of nature, or 
 rather, against the common father of men.' 
 
 " They are obnoxious to the penalties and the treatment the 
 Genevans imposed on the Savoyards, when they assailed them 
 in 1602 ; ' because a nation attacked after this manner (in an 
 informal and unlawful war,) by enemies, is not obliged to ob- 
 serve towards them, those laws which are prescribed in laws 
 declared in form, and can treat them as banditti.' 
 
 *' If the Alcaide had only known his duty, or been desirous 
 of fultilling it, although he could not prevent the landing of 
 Captain Porter with an armed force, if he had delayed to re- 
 ply to the letter, and done nothing else, this gentleman would 
 have received a suitable answer in a few hours. The Alcal- 
 de of Naguabo, who saw the two schooners anchor at Fajar- 
 do, and the brig at the cape, had already collected his peo|)le, 
 and given the necessary information to the commandant of the 
 department, who immediately took up the line of march for 
 the point which was threatened. The neighbouring inhabi- 
 tants with the commandant, would, we feel confident, have 
 renewed the scene of January 23d, 1817, when, having at 
 their head, the captain of Grenadiers, Don Antonio Planells 
 y Bardaxi, they resisted two insurgent corsairs, which, after 
 having tried in vain to capture an English schooner, that had 
 taken refuge in the port, made a landing which cost (hem the 
 loss of thirty men, and of a great quantity of arms and am- 
 munition, and forced them to give wp a practice which they 
 had taken up under the American flag, and a boat and three 
 men which they had captured. 
 
 " If the loyal and valiant inlialiitants of Fajardo, have lo>.t a 
 second occasion of covering themselves with glory, as worthy 
 Porto R icons, as in the atlair which we have just related, and 
 which may be seen in the Gazette of February 1st, 1817, let 
 them console themselves. The Governor will take care to 
 
100 
 
 put at their head an officer who will discharge his duty, if oc- 
 casion should occur, as did Planells, to avoid another sur- 
 prise, and that the aggressors, (who have been witnesses ot" 
 the valour and decision with which the word of attack is ex- 
 pected,) notwithstanding that, from the shortness of the time, 
 but few of the people can collect together, may not return to 
 repeat with impunity such scandalous attempts, which will be 
 lepelled with the boldness, the valour, and the fidelity which 
 characterizes that honourable neighbourhood." 
 
 It will not escape the notice of the reader, that my visit to 
 Foxardo, not only bad the effect which 1 anticipated — that of 
 securing better treatment from the authorities of Porto Rico 
 to the officers engaged in the suppression of piracy ; but, 
 from accounts recently received from the officer 1 left to per- 
 ibrra this duty, it apjjears an earnest co-operation on the part 
 of the Government of the Island has also been produced by 
 it: — I allude to the communications of Lieut. Sloat, which 
 have lately been received at the Navy Department, accom- 
 panied by a Circular from the Captain Genera! of the Island, 
 calling on the subordinate authorities to render every assist- 
 ance in their power. This conduct, contrasted with their 
 former treatment of us, proves the effect of my visit to have 
 been most salutary. 
 
 OFFICIAL. 
 
 U. S. Scnoo\Ea GRAMrrs, ) 
 67. Thomas, Ulh Marrh, 1«25. \ 
 Sir: I have the honour to report, for the information of 
 the Department, that having learned that several vessels had 
 been robbed by Pirates near Foxardo, and that two sloops of 
 this place, and one of Santa Cruz, had bern taken by them, 
 and two of them were equipped and cruising as Pirates, i ob- 
 tained two small sloops at this place, free of expense, by the 
 very cordial co-operation of his Excellency, Governor Von 
 Scholten, of St. Thomas, who promptly ordered the neces- 
 sary documents to be issued, and imposed a temporary em- 
 bargo, to prevent the transmission of intelligence to the 
 Pirates, which sloops I manned and armed under the command 
 of Lieutenants Pendergrast and Wilson, for the purpose of 
 examining all the small harbours of Crab Island, and the 
 South Coast of Porto Rico. We sailed on the first of March, 
 and examined every place as far to the westward as Ponce, 
 without success, although we got frequent information of 
 them ; we anchored at Ponce on the evening of the 
 3d, and took our men and officers on board ; the next 
 ijiorning, at 10 o'clock, a sloop was seen off the harbour.. 
 
101 
 
 beating to the eastward, which was vpry confidently sup- 
 posed to be one of those fitted out by the pirates. 1 agaia 
 got one of the sloops, and manned her under the com- 
 mand of Lieutenant Pendergrast, accompanied by acting- 
 lieutenant Magruder, Doctor Biddle, and Midshipman Stone, 
 with twenty-three men, who sailed in pursuit the next day, 
 at 3 o'clock. They had the good fortune to fail in with her 
 in- the harbour of " Boca del Infierno," which is very large, 
 and has many hiding places, where an action commenced, ' 
 which lasted forty-five minutes, when the pirates ran their 
 sloop on shore, and jumped overboard : two of Ihem were 
 found killed, and ten of those which escaped to the shore 
 were taken by the Spanish soldiers, five or six of whom were 
 wounded, and amongst them, the famous piratical chief Cof- 
 recinas, who has long been the terror of the coast, and the 
 rallying point of the pirates in this vicinity. As near as we 
 can ascertain, he had fifteen or sixteen men on board, and 
 was armed with one four [tounder, and muskets, pistols, cut- 
 lasses, and knives for his men. The sloop was got off, and 
 arrived safe, with our tender, at this place, last evening ; and 
 I am happy to add, that none of our people received any in- 
 jury, and all have returned in good health, notwithstanding 
 their exposure to the sun and rain, lor eleven days, without 
 the possibility of getting below. I have much jileasure in 
 stating to you, that 1 received every assistance from the au- 
 thorities of Ponce, whilst there, and that they showed every 
 desire to promote the success of the expedition. I have the 
 honour to enclose you a coi»y of a letter sent by them to 
 Lieutenant Pendergrast, thanking him, the other otlicers and 
 men, for the service rendered the country, in the capture of 
 the Pirate. 
 
 The success of the enterprise, against skilful and cunning 
 adversaries, is the best proof I can offer you of the good con- 
 duct of the officers and men engaged in it, and renders super- 
 fluous any eulogium from me. 
 
 I have the honour to be, sir, very respecthdly, your obe- 
 dient servant, JOHN D. SLOAT. 
 
 Hon. Sam. L. Southard, Secretary of the JVavj/, Washinglon. 
 
 To Lieulenanl Pendergrast, the ojjlcers and crew of the sloop Dolphin, 
 
 now in the service of the United States of America: 
 
 The Alcade ot Ponce, Don Jose Torrens, and the Milita- 
 ry Commantlant, Col. Don Thomas F(enovals, retpiest trie to 
 say to you, that, in the name of the Governor of this Island, 
 and of the Spanish Nation, they present you their thanks lor 
 the important service you have rendered them, in capturing 
 the piratical vessel commanded by the noted Cofrecinatj. 
 
102 
 
 They have written to the chief authority an uccount oi 
 your j^allaiit and successful expedition, and hope your fu- 
 ture exerlions may meet with e(]ual success. 
 
 In them you will always find friends and hrother ofBcers 
 in ;ui honourable cause, and all the assistance they may have 
 in their power. 
 
 They request you to accept the refreshments now sent off, 
 and regret that your short stay deprives them of the plea- 
 sure ol showing you more particular attention. 
 
 They are also happy to say that Captain Manuel Marcann 
 has ai^o been successful in securing^ some of the pirates who 
 swam to the shore after you captured their vessels. 
 
 Wishiui; you success, health, &ic. I am, gentlemen, your 
 friend and servant, JAMES J. ATKINSON. 
 
 Ponce, GlkJ^IarcU, 1825. 
 
 U. S. Schooner Grampus, > 
 
 St. Thomas, \dlh March 1825. 5 
 
 Sir : On the 12th of this month, I had the honour to re- 
 port the capture of a Piratical Vessel on the South side of 
 Porto llico, by an expedition tilted out from this vessel, and 
 her safe arrival at this place ; also my having given her over 
 to the Governor to be returned to her former owner, an in- 
 habitant of St. Thomas. I subsequently learned that the 
 pirates who swam on shore had been taken and sent to the 
 city of St. Johns, the seat of government of Porto Rico: at 
 •whicli place 1 called to offer our testimony against them. — 
 Enclosure No. 1, is mj' letter to the Captain Ueneral ; No. 
 2, his reply, which I have forwarded for the information of 
 the Department. Our testimony was not required, as thcy 
 have confessed suflicient to convict them. 
 
 The capture of this vessel, I find, is considered of much 
 more importance, by the governments of Porto Rico, St. 
 Croix, and St. Thomas, than 1 had any idea of, as the leader, 
 *' Coitecinas," has for years been the terror of this vicinity ; 
 and his career has been tiiarked by the most horrible murders 
 and piracies ; and for some lime a large reward has been of- 
 fered by the government of Porto Rico for his head. Al- 
 though wounded when he got on shore, he would not surren- 
 der until he received the contents of a blunderbuss, which 
 shattered his left arm, and he was brought to the ground with 
 the butt of it, I have seen him in [irison ; aii<l he declares 
 that he has not robbed any American vessel lor the last eigh- 
 teen monlhs, only, however, for want of an opportunity. 
 Several persons on shore, heretofore considered respectable, 
 have been arrested as cccoruplices of this gang. Six of them 
 
103 
 
 were brought lo St. Johns, and committed to prison whilst £ 
 was there. The Captain General has |)roniised me that these 
 desperadoes shall have summary justice — that he will not wait 
 for the civil court, but will order a court-martial immediate- 
 ly to try them. 
 
 I have great pleasure in stating to you that the Captain 
 General appeared to have every disposition to prevent all 
 piracies from the coast of Porto Rico, and to co-operate with 
 me by all the means in his power ; and lor which purpose he 
 gave me a circular letter to all Civil and Military Otficers 
 on the coast, requiring them lo give me everj-^ assistance and 
 information in their power, whenever the Grampus or her 
 boats may make their appearance on the coast, or in any of 
 the harbours of (he Island ; a copy of which is enclosed. 
 No. 3. 
 
 I have also the honour to enclose j'ou a note from me to 
 Governor Van Scholten of St. Thomas, No I, requesting 
 him to give the necessary orders to receive the Sloop, and 
 to have her restored to her original owner, and his reply, 
 No. 5. Also a letter from James J. Atkinson, Esq. in be- 
 half of the Alcalde and jvlilitary Commandant of Ponce, 
 No. 6. 
 
 When I left St Johns, the Fiscal vvas taking the declara- 
 tion of Cofrecinas ; and the Captain General promised me 
 a copy of it ; but having a large convoy to take to sea oa 
 Sunday, (to-morrow) from this place, I could not wait tor it : 
 it will be sent to me in a few days, when I shall send it to 
 you lor the information of the government, as I have no doubt 
 it will throw much light on the subject of Piracies. 
 
 I have the honour to be, very res{)ectfully. Sir, your obe- 
 dient servant, JOHN D. SLOAT. 
 
 To the Hon. Samcki, L. Southard, 
 
 Secretary of the J^avy, Washington. 
 
 ( No. 1, ) 
 
 U. S. Schooner Cua.mpcs, ^ 
 St. Johns, Porte Rico, Uth March, l825. 5 
 
 Sir : I have the honour to inform your excellency that I 
 have arrived in this harbour, with the United States schoon- 
 er Gram|)us under my command. The object of my vi.eit at 
 this time, is to inform your Excellency that a small sloop, a 
 tender to this vessel, met with a piratical sloop in the har- 
 bour of " Boca del Inferno,'^ under the command of the fa- 
 mous piratical chief Cofrccinas, on the fifth day of the pre- 
 sent month : and after a desperate resistance, drove her of> 
 
104 
 
 shore. The pirates that were not killed jumped overboard, 
 and got on shore, « here ten of them, I understand, have been 
 taUen by the troops in that vicinity, and sent to this place. 
 Should your Excellency consider the testimony of the oflicers 
 of the Grampus at all necessary in bringing those enemies 
 of mankind to justice, it will lie cheerfully afforded. The 
 !-loop I took to St. ThomaB, and gave her to her former 
 owner. 
 
 I have the hono'.ir to be, with the greatest respect, your 
 Excellency's most obedient servant, JOHN D. SLOAT- 
 
 To bis excellency, J. I). Miguei, Dk la Torre, 
 
 Captain General of the Island of Poito Rico. 
 
 ( No. 2. ) 
 [translation] 
 
 GoVEUA'MENT AND CAPTAIN GeNKRALSHIP "> 
 
 of the Island of Forlo-Rico. ^ 
 
 1 have received the otlicial letter which you were pleased 
 to direct tome, under date of 14th ult. informing me of 
 the object of your visit to this port, and offering, if necessary, 
 the declarations of your otficers and crew, (who fought with 
 so much bravery against the pirates in the Boca de lutiferno,) 
 in case they should be found necessary for the conviction of 
 those criminals, in the process instituted against them by 
 this ca|)tain Geiieraisbip. 1 return you my most grateful 
 thanks, as well for ibis offer as for the effectual assistance 
 you have rendered in the jiursuitaud capture of these wick- 
 ed wretches, of which good services I was already informed 
 by the iMilitary Commandant, and other authorities of Ponce. 
 He pleesed to accept the tender of my acknowledgements, 
 and also to be the organ of communicating them to the offi- 
 cers and crew of th<; schooner under your corHmand, for their 
 co-oi)eration, which confers so much honour on the Navy of 
 the United Stales ; and, as regards their declaration, (con- 
 sidering that the pirates do not deny the principal facts, 
 and that they have already convicted themselves,) 1 do not 
 think it necessary to i)Ut them to the inconvenience you were 
 pleased to offer, and which goodness would have been accep- 
 ted, had it been found necessary. This ca[)tain General- 
 ship, in rendering to you its acknowledgements, flatters itself 
 that you will be pleased to continue your good services in 
 the pursuit of this scourge of humanity ; that, in case there 
 should still be any remaining, they may be brought to suffer 
 the condign punislinient which their captured comrades will 
 not fail to receive. To effect this, the most euergetic orders 
 
105 
 
 liave beien issued, that all the authorities of the coasts should 
 hold themselves unanimously in readiness to co-oporate with 
 you in the moat efficacious manner for the attainment of this 
 result. 
 
 Accept, Senor Commandant, the assurance of my respect, 
 and of the consideration with which I pray God to preserve 
 you many years- MIGUEL DE LA TORRES. 
 
 Puerto Rico, \llh March, 1825. 
 
 To the Commander of the U. S. sch'r Grampus, in the Bay. 
 
 No. 3. — [Translation.] 
 The captain of the U. S. American schooner Grampus, 
 (Lieut. John D. Sloat,) goes in pursuit of pirates ; for which 
 purpose he will visit all the ports, harbours, roads, and an- 
 chorages, vvhich he may find convenient. \{\ consequence, 
 you will give him all the necessary aid and notice for disco- 
 vering them ; and in case of meeting with Ihem, the authori- 
 ties of (he coast, both civil and military, will join themselves 
 unanimously with the said commandant, to pursue them by 
 land, while he does the same by sea ; and in case any of 
 those wicked wretches should seek refuge in the territory of 
 any part of the Island, they will |)ursue them briskly, until 
 they have possessed themselves of their persons. The Go- 
 vernment expects, from the known zeal of the authorities re- 
 ferred to, that they will display the greatest activity, efficacy, 
 and energy, in (his important service, assuring each, in par- 
 ticular, of the lively interest which it feels for the total ex- 
 termination of such vile rabble, the disgrace of humanity. 
 Those who shall distinguish themselves in the opinion of the 
 JSovernmeut, will be reported to his Majesty, giving to each 
 one justice, according to his merits. God guard you many 
 years. MIGUEL DE LA TORRES. 
 
 Puerto Rico, 16th March, 182fi. 
 To the Military Commandants, mid of the Quarters, J 
 Royal Alcalda, and other Civil and Mil. Authorities v 
 and Functionaries of liie Coasts of this Island. j 
 
 No 4. 
 
 U. S. Schooner GRAnrcs. ■> 
 SI. Thomas, V2th March, 1825, ^ A. M.S 
 
 Sir: Having been informed by the Captain of a vessel 
 that arrived in this port, that the ()iratical vessel which the 
 Danish man of war and myseli had for some time been io 
 search of, was in the vicinity of Crab Island, and had cap- 
 tijrcd and iiluudered several smalt vos?e!s belonging to this 
 14 
 
100' 
 
 place, and no Danish man of war beins at the moment in 
 port i (lid not hesitate to request of your Esceilency'd permis- 
 sion for the three Danish ijloopa (whose Captains had volun- 
 teered their services) to assist me in pursuit of her. Your 
 Excellency immediately granted the request, on the sole 
 condition that I should pledj^e myself, as an officer and gen- 
 tleman, that the vessels should not be used for any other 
 purpose than searching for pirates. I can assure your Ex- 
 cellency that they have been used by me for no other. The 
 sloop which arrived this morning is the last of the three 
 which were under the command of Lieut. Pendergrast, who 
 was so fortunate as to fall in with, and capture, the piratical 
 vessel we have been so long in search of, commanded by the 
 famous chief Colrecina, who is badly wounded ; the most of 
 his crew were killed or wounded, and the survivors are, all 
 I believe, now prisoners in Porto Kico, where the Govern- 
 ment atforded every assistance to the expedition whilst 
 that coast, and in capturing those that &wam on shore. I 
 herewith return your Excellency the documents pieced by 
 you in my hands, to be used by the sloops engaged in the 
 expedition. I cannot forbear to recommend to your Excel- 
 lency Capt. Perrelty, master and owner of the Danish sloop 
 Dolphin, who rendered great assistance by his knowledge of 
 the coast, and his good conduct during the cruise, and whom 
 I beg leave to recommend to your particular notice. 1 have 
 great pleasure in restoring to the rightful owner the sloop 
 captured from the pirates, and request yo'ir Excellency to 
 give the necessary orders to have her delivered to him I 
 also enclose several sets of Danish papers taken on board the 
 piralical vessel. 
 
 I have the honour to be, with great consideration and re- 
 spect, your Excellency's most obedient servant, 
 
 JOHN D. SLOAT. 
 
 To his Excpllency Gov. Voiv Scholtew, 
 of St. Thomas, St. Johns, &■;. &c. 
 
 No. 5. 
 Government House, Si. T/iomas, \Wi March, ]L"25. 
 SfR : 1 have the honour^o acknowledsre the recei[)l of your 
 letter of this inst. and am extremely happy at the successful 
 result of the ex|)e(liliun. 
 
 1 shall take a pleasure to lay your communication before 
 my governtnenf, and bee; you will be assured how much the 
 community and 1 leel obligated to you for the assistance you 
 on every occasion so readily afford this hland. 
 
 I have the honour to remain, sir, your most obed't serv't, 
 
 P. SCHOL TEN. 
 To Lieut. Com'u SloAt, Commanding the U. S. Sch. Grampus. 
 
107 
 
 No. 6. 
 
 Ponce, l2lh March, 1825, 
 
 To Captain J. D. Sloat, Untied Stales iN'avi/. 
 
 Dear Sir : 1 have (he pleasure of communicating to you 
 the agreeable information, (at the request of Col. Ptenovaies) 
 that chief of the pirate you saw passing in front of this port, 
 and in pursuit of whom you despatched the expedition under the 
 command of Lieut. Pendergrast, has been captured with 
 twelve of his associates, on shore, near Guayama, all despe- 
 rately, if not mortally wounded, particularly the leader, 
 Cofrecinas, who landed, wounded, and then fought Captain 
 IVIar.anos, until he had three bullets and two sabre wounds. 
 He cannot survive. 
 
 The Commandant and Alcade present you their sincere 
 and warm thanks for the service and aid you have rendered 
 this place in capturing this pirate, and wish to be remember- 
 ed to yourself, Lieutenant Pendergrast, and the other officers 
 of your ex|)edition. They wish soon again to see you, and 
 hope you will remain in port long enough for them to show you 
 some particular attention 
 
 Many of Cofrecinas's confederates on shore are arrested : 
 five from here sent to St. Johns. 
 
 Your friend and servant, 
 
 JAMES .T. ATKINSON, 
 
■u^- 
 
 t^ 
 
 tt* 
 

 .-^ 
 
 ^■^/ 
 
 o <^ - ' • 
 
 *1 Ok 
 
 O, *o«o' ,0-^ ts> 
 
 
 \/ :>S£^ %^^ ;J^^ \/ :V^m 
 
 
 <!\ ' . . »" 
 
 
 <t>. 
 
 Vj %" 
 
 '<7:,. 
 
 »^'' 
 
 
 
 J^^\-.^ 
 
 
 vS^'' 
 
 ^^. 
 
 
 
 
 ^ 
 
 yy o. 
 
 K ' .0 
 
 l¥< 
 
 > ^^^' 
 
 ^<"^^ 
 
 \ ^>, 
 
 
 
 
 
 
 
 t,_._,,^7;r-,. 
 
 ^^f/ ^^-^^ 
 
 vs 
 .v-^ 
 
 
 V "^ <r ^ 
 
 V. -^^-^^ 
 
 
 '''^<'" 
 .v^. 
 
 - ./^ '\.. ^i^^%^^ . '^ -^ 
 
 <i.^ , N O 
 
 
 1 • o. 
 
 '^< 
 
 V 
 
 o * , , ' "v 
 
 
 ^. ,x<^ 
 
 

 
 
 O « 
 
 i' 
 
 
 
 «7> r.4. 
 
 ,....% •■' .^* .■- 
 
 
 :^^^'^>^ 
 
 «■&■- -»'',r^^. ■*'■ '?;' 
 
 > 
 
 DOEBS BROS. 
 
 LIBIIA!iV BINDIMC 
 
 ^JAU 1 
 
 (i ST. AUGUSTINE