Mr. BENTON was well aware of the weight of the objection urged by the honorable gentleman from Massachusetts, and he was satisfied also that the gentleman was not influenced by pecu-State of Missouri, to the boundary line of the United States, in niary motives. It was naturally a question of policy, and a subject to which his attention had been previously turned by the precedent he had yesterday cited in justification of the section proposed to be struck out. Although this proposition went by the name of a road, yet, Mr. B. said, it was not so in fact; all that was proposed to be done, was to cast up mounds of earth and sand, and pyramids of stones, to mark out the way. Without a figure, they might be called light-houses; for they were, in point of fact,

Suppression of Piracy.

objections are listened to on every occasion, no measure of importance would ever be adopted.

The motion now immediately before the Senate is, to strike out the third section of the bill. To decide this question, we must not look at the third section of the bill, alone and insulated, but see how it is connected with the other parts of the bill, and what bearing it has on them. To examine what tendency it has to Mr. MILLS rose, and said, this bill has al-visions contained in the bill, more especially is assist in carrying into effect the previous proready undergone a full discussion, and the it necessary to compare its provisions with those chairman of the committee has acquitted himself so entirely to my satisfaction, that I do not wish to trench on the ground which he has so ably occupied.

SENATE.]

Suppression of Piracy.

(JANUARY, 1825.

port which has been converted into a den of this course-nations who are called neutrals. pirates, and put itself out of the protection of Sir, I should be glad to know who are neutrals the laws of nations. Spain must place herself in this warfare? There are none. The whole in this situation, as companion of the pirates, if civilized world are our allies in this conflict, she complains, under these circumstances, that and will cheerfully unite with us in our efforts you invade her rights of sovereignty by taking to subdue their as well as our enemy. Sir, by them in their fastnesses. But, sir, we do not a fair construction of the provisions of this impute any such designs to Spain; we do not section, and a prudent exercise of the powers suppose she wishes to encourage these villanies; vested in the Executive, I think we shall avoid we impute it alone to her imbecility that they giving offence to other powers. May we not are suffered to exist, and the whole civilized presume that these powers will be prudently world will justify us in our proceeding. exercised? Are we to withhold all power, from a jealous apprehension that that power will be abused? Can we imagine that the Executive will institute a blockade, and rush into difficulties, and precipitate the nation into a war without cause, without necessity?

Suppose, sir, that, whilst we were in fresh pursuit of a piratical vessel, she should come athwart a Spanish armed ship, and that ship should shelter the pirates with her guns, would it be an attack on the sovereign rights of Spain if you were to reclaim the piratical vessel, and Sir, I entertain no such suspicion. A reasonif necessary, to force her from the vessel that able confidence must be placed in the depositawas thus protecting her? Could Spain com-ries of power. I am willing to place that confiplain of this with any justice? No, sir, she could not. By the act of affording them shelter, in this fresh pursuit, they would make themselves pirates, and subject themselves to the punishment due to pirates. Where then is the difference between protection extended to a piratical ship on the ocean, and protection extended to a piratical crew on land? Let us suppose, sir, that this piratical vessel, instead of seeking protection under the guns of a Spanish ship, runs into the harbor of Havana or Matanzas, and there finds protection from the civil power. In this case, it is my opinion, sir, that a much more rigorous measure than blockade would be perfectly justifiable. I will not say how far the strict laws of nations would justify our proceeding in this case, but I feel no hesitation in saying that they would deserve to have the town bombarded about their ears, instead of feeling the comparatively trifling inconvenience of a blockade. It is impossible that, in a case like this, you can apply the laws of civilized warfare. They are not in any way applicable. Your enemy is entitled to none of their humane provisions; he is not a prisoner of war when taken, but a culprit liable to be tried by the tribunal of any civilized power, and subject to condign punishment. There are no rules of civilized warfare that can be extended to him.

It is to be observed, then, that the object of this provision is not to humble Spain, or to interfere with her rights, or trench on her sovereignty, but to punish the outlaws of every nation. Parcere subjectis et debellare superbos, is as often a maxim of justice and policy, as it is of magnanimity; but where and to whom is it applied? To those who acknowledge their error and evince a disposition to atone for it, and not to those who, though weak and imbecile, continue their depravity and heap insult upon injury. However weak such a power may be, it is neither politic nor just always to spare them.

But not only Spain, we are told, will be injured, but other nations may take umbrage at

dence, and will go as far as any man to hold the Executive responsible for the faithful exercise of that power; but I am not willing to weaken and paralyze his efforts by any unreasonable suspicion. The course indicated by the third section of the bill, will unquestionably be faithfully pursued by the Executive; negotiations will be pursued, arrangements made, and an understanding will be effected with other nations, if it should ever be necessary to exercise this power conditionally invested in the President on this occasion. But, sir, why should we be more scrupulous on this subject than other nations? Look at Great Britain-more than once she has landed on the coasts of these islands, and scoured the country in pursuit of these marauders; and once, at least, if newspaper authority is to be depended on, she has instituted a strict blockade of the inlets and harbors of the whole Isle of Pines, to secure the success of this pursuit. What was the result of this bold measure? An American vessel and cargo were snatched from the grasp of these robbers, and the crew rescued from death-the bloodhounds were hunted from their dens and fastnesses were shot down like wild beasts, or captured and deservedly consigned to the gibbet. What, further, was the result of this measure? Twelve vessels, dismantled and plundered, were found concealed in one of these inlets, and, horrible to relate, not one human being of all their crews, left to tell the dismal fate of his comrades; and will you, with such evidence as this before your eyes, with all this horrible detail brought to light, will you speculate and refine with metaphysical subtlety on the rights of sovereignty, and the sanctity of territorial dominion, instead of adopting the only measures that can suppress the evil? Is not this the very case where "right goes hand in hand with necessity and the exigency of the case?" Sir, it seems to me that, if a case can be found where that wellknown principle of the law of nations is to be applied, this is the very case, and you are right in making use of all the means necessary to

JANUARY, 1825.]

Suppression of Piracy.

[SENATE.

accomplish the object-those means are point- ed civilians of the age, possessing your entire ed out by the third section of the bill, and are confidence, who have been drilled in diplomacy not such as transcend the necessity of the case. by a forty years' experience, who have spent Mr. LLOYD, of Massachusetts, said, in express- their lives in advocating the rights of neutrals, ing his opinion he must be allowed to take a and grown gray in turning over the works of very brief historical view of the subject. At Grotius, and Vattell, and Puffendorff, and Ward, the commencement of the session, on the open-and Azuni, and a host of other authors, with ing of Congress, we were informed by the whom I can boast no acquaintance. President, in his message, that "the piracies now complained of are committed by bands of robbers who inhabit the land, and who, by preserving good intelligence with the towns, and seizing favorable opportunities, rush forth, and fall on unprotected merchant vessels, of which they make an easy prey; that the pillage thus obtained, they carry to their lurking places, and dispose of afterwards, at prices tending to seduce the neighboring population. "This combination," the President says, "is understood to be of great extent, and is the more to be deprecated, because the crime of piracy is often attended with the murder of the crews; these robbers knowing, if any survived, their lurking places would be exposed, and they be caught and punished."

In reference, therefore, to the source from whence the recommendation is derived, as well as to the feeble lights of his own understanding, he denied the soundness of the inferences that had been drawn; and without even making any more recondite research than to an elementary work, an humble one in some respects, he would contend, that the major proposition includes the minor; the whole embraces all its parts; and that, if you have justifiable cause of war against Cuba, or against Spain, you have the right to mitigate the evils of war, by the adoption of any milder course you may think proper to pursue.

It is true, if you blockade a single port of the island of Cuba, Spain may be authorized to declare war, and perhaps be joined by her allies, if she and they choose it; and this would undoubtedly be attended with great injury to us. Peace is the polar star of the interest of our country; but, if it is only to be preserved at the expense of the continued murder of our citizens, and the plunder of our property with impunity, then, for one, he was ready for war; and how much soever of injury it might entail, it would be accompanied with one consolation, derived from the experience of the last war; which was, that, whatever nation chose to go to war with the United States, it would carry them forward in their progress to maturity, per saltem, half a century at a jump.

The Secretary of the Navy, in his letter to the President, accompanying the message, fully confirms this account; and further states, that there are now few, if any, piratical vessels of a large size in the neighborhood of Cuba, and that none are seen at a distance from the land; but the pirates conceal themselves, with their boats, in small inlets, and finding vessels becalmed, or in a defenceless situation, assail and destroy them, and when discovered, retreat into the country, where, by the apprehensions they create, and the plunder they have obtained, they remain secure, and mingle, at pleasure, in the business of the towns and the transactions of society, and acquire all the information they want to accomplish their purposes. Against such a system as this, the Secretary observes, no naval force, within the control of the Department, can afford complete security, unless aided What have other nations to do with this by the local authorities; and, unless this co- question? It belongs exclusively to us and to operation be obtained, additional means should Spain. When two nations go to war, who conbe intrusted to the Government, to be used institutes, without their consent, a third party to such manner as experience may dictate.

We have thus obtained, in the most formal and official manner, direct, unequivocal information, of the existence of these atrocities, of the inability of the navy to suppress them, and of the additional means necessary to be intrusted to the Executive, and referred to in the message. These means, as before stated, are, pursuit on shore, reprisal, and partial blockade of the offending ports. The committee recommend the mildest of these alternatives, the blockade, which is, however, denounced by the highly respectable and able gentleman from Virginia, as being an interpolation on the law of nations; as breaking down the moral force of the Republic, and as a just cause of offence, if not of war, to other nations.

But we are told, other nations will take umbrage at this: that, although blockade is a belligerent right, and we impose it, we are still not at war.

determine who is right, or who is in the wrong? All other nations have a right to demand, is, that, in the prosecution of the quarrel, the rights of humanity shall not be outraged, and that the usages of war shall be observed as regards them. What have they then a right to require, as it regards a blockade? simply, that you shall not entrap them-that you shall give them due notice, a sufficient warning, and that you shall keep up a close, rigorous, unremitting investment, by a sufficient force; if you do this, you perform all your duties as regards themall the rest lies between the party blockading and the party blockaded.

But, we are asked, suppose we find these unoffending neutrals in the den of robbers, in the lair of these wild beasts, at the time we invest Sir, from whom is this advice received? it, what will you do with them? It is answerFrom men ranking among the most distinguish-ed, give them the right of egress precisely in

SENATE.]

Suppression of Piracy.

[JANUARY, 1825.

the state they were at the time the blockade | that there was one still wanting, they descendwas imposed; after this, strictly keep them in, ed into the hold, exclaiming, in their barbarous and keep them out. This is all they have a language, uno mus-one rat left; pricked, with right to expect. If they are in bad company, their knives and swords, to find out the dethey must feel the effect of it. ficient sailor, and, lest he should not have escaped torture by drowning, on not finding him, set fire to the vessel, in order that, if on board, he might be consumed with it; on the flames reaching him, he crawled on deck, and finding the pirates were off, dropped overboard, and happily reached the shore.

Is a formal parchment declaration of war at all times necessary or usual among nations? If it is, what was the state of our quasi war with France, in 1798? Where was the proclamation of France, when she blockaded Cadiz, and kept out, not only merchant vessels, but our messenger of peace, in a national vessel ? Where was the proclamation, when the British pounced upon the Spanish frigates and captured them, with their treasure, during the late wars between France and England? Where the proclamation, when she sent her fleet up the Cattegat, blockaded and bombarded Copenhagen, and destroyed the Danish fleet? These cases are adduced as showing that, between third parties, a declaration of war, if you choose it, is not considered indispensable, as to usage, not as approving them.

Have you abundant cause of war against the inhabitants of Cuba? Look at the accounts of your official agent; you find from them, that these murderers and robbers are well known, are connected with the inhabitants, and suffered, if not protected, by the local authorities; and even the Governor General, whose good dispositions are so much spoken of, tells you frankly, when applied to for the aid of Government, that, so deeply implicated are all the inhabitants of Regla, where a quantity of plunder was known to be secreted, that he dare not make the investigation—it might create a rebellion.

The last case he should cite, was one that has not before been distinctly presented to the Senate; it is of recent date, and was now on his table in manuscript, duly sworn to. It furnishes some new facts, and gives an exposition of the neutral rights of the innocent, unoffending inhabitants of Cuba.

It is the case of the brig Henry, of Hartford, captured on the 24th of September last, off the Bay of Honda, when bound with a load of sixty-eight mules, from St. Jago, in Mexico, to Charleston, in South Carolina; the vessel, as soon as captured, was run into a small creek, alongside ten other hulks of vessels, having the appearance of being recently burned, and which must have been navigated by 130 or 150 men, not one of whom was visible, but the crew of the Henry was significantly given to understand, that their fate, as soon as the mules were landed, was to be a similar one, and that dead men told no tales. The Henry was then dismasted, to prevent her being seen, her equipment and stores taken out, put on board a Spanish drogher, belonging to Havana, and preparations made for landing the mules; the captain having been twice hung up by the Sir, with something more than delicacy, with neck to the yard-arm, until he was senseless, an approach to fastidiousness, we have kept out and became subsequently deranged, the arm of of sight the enormities we are suffering; it must the mate broken by the stroke of a cutlass, and be useful, however, to have an occasional and the crew outraged and abused. Happily, howsparing reference to them. He should cite ever, before the mules could be landed, the briefly only three instances: The first was that vessel was discovered by the boats of the of the Alert, commanded by a very respectable English sloop-of-war Icarus, who humanely citizen of Portsmouth, in New Hampshire- came to their assistance; and on their approach, Captain Blunt. This vessel, bound from New the pirates quitted their prey, and abandoned Orleans, was becalmed off the Moro Castle; ait. Not so easily, however, did the neutral boat approached, when the first wretch that crossed the gunwale, ran the captain through the body, who was afterwards cut to pieces, and the only vestige that remained of him in the morning, was his slippers, overflowing with blood; the crew were abused, and the cook, asleep in the steerage, was lacerated in the most cruel and wanton manner, and his mangled corpse thrown to the hogs, who were seen the next day fattening on his entrails.

The next case is that of the Laura Ann, already before the Senate; this was a vessel belonging to New York, boarded by pirates, at a short distance from Matanzas, when bound to the Havana, who, after beating and inhumanly hanging the captain, butchered the crew; but probably discovering, from a critical comparison of the shipping paper, with the number of the dead and dying on the deck,

inhabitants of Cuba quit their hold; after a time they came off-plead their neutral rights

claimed the mules as their property-they had bought them of the pirates-they had paid a valuable consideration-they had an equitable interest in them, and demanded their delivery! The British commander indignantly took the best possible course he could have adopted, with a single exception; he instantly ordered all the mules to be shot upon the deck; the exception referred to, is, that he should have shot, in preference, those who demanded them. Mr. L. stated, he would not pursue this disgusting detail, but would leave it, after observing, that if, for a length of time, we permitted atrocities of this kind to continue and go unpunished, the multitudinous waves of the ocean would not speedily efface the crimson it would attach to our escutcheon.