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 mischievous 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, encourages, 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 punishing the offender; by inflicting a punishment on him calculated 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 govenment to which they belong. Vattel, book 2d, chap. 4th, sec. 56. "It is safest to prevent the evil, when it can be done. A nation has a right to resist an injurious attempt, and to make -use of force, and every honest means, against the power that is actually engaged in opposition to it, and even to anticipate its machinations, always observing not to attack it upon vague and uncertain suspicions, in order to avoid exposing itself to become an unjust aggressor. When the evil is done, the same right of security authorizes the offended to endeavor to obtain a complete reparation, and, if necessary, to employ force for that purpose." "In short, the offended has a right to provide for his security for the future, and to punish the offender by inflicting on him a pain capable of deterring him afterwards from the like attempts, and of intimidating those who shall be tempted to imitate him. He may even, if necessary, put the aggressor out of the condition to injure him. He makes use of his rights, in all these measures, when guided by reason; and, if any evil results from it, to him, who lays him under the necessity of acting thus, he can accuse none but his own injustice." "If, then, there is, any where, a nation of a restless and mischievous 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 erer after out of its power to injure them." 1815, and forcing them to restore large amounts of money, taken from our citizens. Neither of these officers were censured 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 principle that authorizes and justifies the officers 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 presumed wishes, and we know of no instance of censure. It was this principle that authorized and justified general Jackson, without orders, to take possession of Fort St. Marks, and afterwards Pensacola, and to issue orders for the destruction of the Negro Fort, on the Suwannee. The interest of our country, the safety of its citizens, the repose of our frontier, required that he should do so. He acted on the supposed will of the nation; and, so far from being censured, he has been rewarded with the support of the government and the applause of his country. In not one of the cases cited, it is believed, had the officers any instructions whatever, that authorized the act. In the case of general Jackson, it is expressly stated by Mr. Adams, in his correspondence with Mr. Forsyth, that the occupation of these places in Florida, by general Jackson, "was not by any order received by him from the government to that effect, nor with any view of wresting the province from the possession of Spain, nor in any spirit of hostility to the Spanish government: that it arose from incidents 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 Pensacola, 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 and mine; and doubt not but it will be agreed, that the magnitude of the scale of his operation, and the comparative insig nificance of mine, do not change the principle; for, should this be the case, I am tenfold criminal, in the numerous fishing huts I have destroyed on the coasts of Cuba. For, to say that I am justified in destroying fishing huts for harboring pirates, but not to threaten the destruction of a town for the same offence; while general Jackson, for the same reason, is justified in possessing himself of a province, is preposterous. I have shown, before, that the same reasons that justifics 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 considered a violation of territory, I have proofs, in the acknowledgment of the captain general, a very short time before leaving the West Indies, to account for the transactions at Foxardo; he expresses himself as follows: In book Sd, chap. 15th, scc. 228, Vattel lays it down, as a general principle, "That there are occasions when the subject may reasonably suppose the soro eign's will, and act in consequence of his tacit commands." It was this principle that authorized and justified commodore Dale to commence hostilities against the Tripolitans, in 1801, when it was believed that war was intended by them; neither commodore Dale nor captain Sterrett, the officer who made the first capture, were censured, but, to the contrary, were highly applauded; and the 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 justhed commodore Rodgers in blockading the port of Tunis, aud forcing the Bey to terms, and, afterwards, drawing his ships up before the batteries at Tangier, and threatening hostilities to the emperor of Morocco, in the year 1805. It also authorized and justified I have before shown, that the authorities and peocommodore Decatur, in threatening hostilities to the ple of Foxardo, should,. in justice, not only be conBey of Tunis, and the Bashaw of Tripoli, in the year I sidered as the allies of the pirates, but as our open "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 the just considerations with which yon have always respected the territorial rights of the Island of Cuba. Permit me, sir, to offer my acknowledgments, and to avail myself of this occasion to confirm the assurances of my high consideration and esteem." enemies, did a decision on their conduct rest only Masat, governor of Pensacola, and of Don Francisco on the imprisonment of lieut. Platt, after his object C. Luengo commandant at St. Marks, and a suitable and character were both made known; but there are punishment inflicted upon them, for having, in defiproofs in the letter of Mr. Bergeest, that, on two for- ance and violation of the engagements of Spain with mer occasions, in the case of Messrs. Ellis, Gibson, the United States, aided and assisted these hordes and co. and that of Messrs. Bergeest and Uhlhorn, the of savages in those very hostilities against the United goods were traced to Foxardo, recovered, and the per- States, which it was their official duty to restrain. This petrators detected. Foxardo could, therefore, be inquiry is due to the character of those officers themconsidered only as a piratical rendezvous, and I should selves, and to the honor of the Spanish government." have been perfectly justifiable in treating it as such "The obligation of Spain to restrain, by force, the by its total destruction. But not wishing to proceed indians of Florida from hostilities against the United to such extremities, if atonement for the past and se- States and their citizens, is explicit, is positive, is uncurity for the future, could be obtained by milder qualified. The fact, that for a series of years they means; and, as the enterprise was undertaken, as my have received shelter, assistance, supplies and prowhole conduct shows, in no hostility to the Spanish tection, in the practice of such hostilities, from the government, nor with a desire to punish the innocent, Spanish commanders in Florida, is clear and unewho must have necessarily suffered by the destruction quivocal. If, as the commanders, both at Pensacola of the town, I tried amicable, before I resorted to and St. Marks, have alleged, this has been the result forcible means, to obtain the satisfaction which the of their weakness rather than their will; if they have violence and insult offered to my country, in the per-assisted the indians against the United States, to avert son of one of its officers, loudly demanded. "By all their hostilities from the province which they had not the laws of neutrality and war, as well as of prudence sufficient force to defend against them, it may serve, and humanity," I was warranted in chastising and in- in some measure, to exculpate individually, those offitimidating the authorities and people of Foxardo; Icers: but it must carry demonstration irresistible to was warranted in taking measures to prevent injury the Spanish government, that the rights of the United to me, and those under my command, seeing that in- States can as little compound with impotence as with jury was intended, by spiking their guns; and which, perfidy, and that Spain must immediately make her as appears by lieut. Barton's testimony, was not done, election either to place a force in Florida, adequate or even ordered to be done, until the batteries were to the protection of her engagements, or cede to the manned, and the guns trained on our vessels, (all United States a province of which she retains nothing bearing the American flag,) with evident design of but the nominal possession, but which is, in fact, a hostility. I was warranted, in fact, in anticipating derelict open to the occupancy of every enemy, civilmy enemy. ized or savage, of the United States, and serving no other earthly purpose than as a post of annoyance to them." "There will need, (continues Mr. Adams), no citations from printed treaties on international law, to prove the correctness of this principle. It is engraven on adamant on the common sense of mankind; no writer upon the laws of nations ever pretended to contradict it-none of any reputation or authority ever omitted to insert it." The manly vindication of general Jackson, in the following quotation, and from the same pen, would alone, in the absence of all instructions, and all other guides and lights on the subject, have satisfied me of the propriety of my conduct: I might here let the matter rest, and it may appear futile in 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 I 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 committed by the authorities of any "He, (gen. Jackson), took possession, therefore, of place, professing friendship to the United States, as Pensacola, and of the Fort Barrancas, as he had done was committed on the person of Mr. Platt. "It canof St. Marks, not in the spirit of hostility to Spain, but not be presumed, (says my instructions), that the goas a necessary measure of self-defence, giving notice vernment of any island will afford any protection or that they should be restored, whenever Spain should countenance to such robbers. It may, on the conplace commanders and a force there, able and willing|trary, confidently be believed that all governments, 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 manifestation 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 conquest, nor hostility to Spain, had any interest in the councils of the United States, has directed the unconditional restoration to any Spanish officer, duly authorised 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 punishment, nor pass a censure upon general Jackson for that conduct, the motives for If it is asked where I find the wishes and opinions of which were founded in the purest patriotism, of the the nation and the government, so often and so loudly necessity for which he had the most immediate and expressed, as to justify my operations at Foxardo, 1 effectual means of forming a judgment, and the vin- answer in the messages and communications of the dication of which is written in every page of the executive to congress, at various times; the acts of law of nations, as well as in the first law of nature, congress for the suppression of piracy, reports of self-defence. He thinks it, on the contrary, due to committees, and speeches of members of congress; the justice which the United States have a right to in the petitions of the mercantile part of the commuclaim from Spain, and you are accordingly instruct-nity to congress, and to the executive, in the public ed to demand of the Spanish government, that inqui- prints, and in the general sentiment of the body of the ry shall be instituted into the conduct of Don Jose people. and particularly those most exposed, will afford all means in their power for their suppression." Yet the government and people of Foxardo did not only afford "protection and countenance" to pirates, and, so far from affording "ail means in their power for their suppression," did, to cap the climax of their atrocity, seize, imprison, and insult, an American offi cer, while in the execution of his lawful duties, and while acting in strict conformity with the orders of the government; thus losing all respect for their own character, and forfeiting the respect of others, by identifying themselves and interests with freebooters and out-laws, and making common cause with the enemies of the human race against the civilized world. I could give numerous extracts from the various au- deemed accessary to the piracy, and suffer as princithorities cited, but their publicity renders it unneces-pals." By stat. 8 Geo. 1st, 1. c. 25, made perpetual by sary that I should do so; I shall, therefore, merely refer to the president's message, and communications stat. 2. Geo. 2, c. 28, "the trading with known pirates, of the secretaries of state and navy, the acts de- or furnishing them with stores and ammunition, or fitclaring war against pirates, and making appropriating out any vessel for that purpose, or in any wise tions for their suppression, the reports of the chair-consulting, combining, confederating, or correspondmen of the committees to whom the subject was refer- ing with them, shall be deemed piracy." red. It is unnecessary to cite the various petitions and memorials of the merchants in our sea ports, the numerous speeches of members 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 uttered by our citizens. All unite in deprecating the abominable system, and calling aloud for punishment, not only on the wretches immediately concerned in it, but on their aiders, abettors and accessaries. These authorities are a sufficient definition of the system of piracy, as it really exists on the coasts of Porto Rico and Cuba, and very justly and properly hold the accessaries equally guilty with the principal. The authorities of Foxardo were accessaries only, so far as we know, but as such, the laws for the suppression of piracy authorizes hostilities against them, and the authorities quoted provide a punishment equal to the one inflicted on the principal. "The crime of piracy or robbery and depredation on the high seas is," (according to Jacobs), "an offence against the universal laws of society, (a pirate, therefore, being, according to Coke, hosti humani generis, 3 inst. 113.) As, therefore, he has renounced all the benefits of society and government, and reduced himself afresh to the savage state of nature, by declaring war against all mankind, all mankind must declare war against him: so that every community has a right, by the rule of self defence, to inflict that punishment upon him, which every individual would, in a state of nature, have been otherwise entitled to do for any invasion of his person or personal property." I have before asserted that it could not be denied, that pirates 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 I have acted, and which have also the laws of nations for their support. The constitution of the United States prescribes no form for promulgating a declaration of war. The publication of the act for the suppresion of piracy was alone sufficient to make known to the world, that war had been formally declared by the U. States against pirates. A squadron was equipped for the purpose of pursuing them, with the command of which I was honored, 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 authorities 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 It appears, from the authority last quoted, that 3d, 1819, and May 15th, 1820, are silent on the subject. It became, therefore, necessary to seek for a every pirate reduces himself to a state of nature, and definition in other authorities, among writers on in- defies all laws, and may be punished by any commuternational law, to which the act of March 3d refers.nity, in the same manner as any individual, reduced "Pirates," according to Spilman are common sea to a state of nature, would have a right to punish rovers, without any fixed place of residence, who ac-him who invaded him or his personal property; knowledge no sovereign and no law, and support or in other words, to punish piracy at discretion, themselves by pillage and depredations at sea." The definition is sufficiently clear and precise with regard to pirates who rove the ocean, have no fixed residence, and who acknowledge no sovereign and no law, but it does not describe the pirates whom it was made my duty to seek and encounter. * without any regard to law. To show that this, and this alone is the true meaning of the author, I offer the following quotation from the Lex. Mecateria, 184: "A piracy is attempted on the ocean, if the pirates are overcome, the takers may immediately inflict the punishment by hanging them up at the main yard end, The following extract from the orders of the secre- though this is understood when no legal judgment tary of the navy, endeavors to describe the origin, may be obtained; hence, if a ship on a voyage to any nature and character, of the system of piracy which part of America, on the plantations there, on the disI was sent to suppress, differing essentially from Spil-covery of those ports, is attacked by a pirate, but in man's definition, but still omitting to define what is piracy. the attempt the pirate is overcome, the pirates may be forthwith executed without any solemnity of condemnation, by the marine law." I have now shown that the laws of nations and of "The system of piracy which has grown up in the West Indies, has obviously arisen from the war between Spain and the new governments, her late pro- nature, justified my landing at Foxardo, to obtain invinces in this hemisphere, and from the limited force demnity for the past and security for the future. I in the islands, and their sparce population, many por-have shown that the approved conduct of those who tions of each being entirely uninhabited and desolate, committed acts of hostilities without any declaration to which the active authority of the government does of war on the part of the United States, or orders from 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." 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 been formally declared and promulgated, and the The stat. 11 and 12 W. 3, c. 7 made perpetual by laws making the accessary equally guilty and punishstat. 6. Geo. 1, c. 19, enacts that "all persons who able with the principal, I should have failed in my set forth any pirates, or be assisting to those com- duty, having the means, if I had not brought the aumitting piracy, or that conceal such pirates, or re-thorities and people of Foxardo to punishment, as acceive any vessels or goods piratically taken, shall be *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 piracy, and punishable as such with death. cessaries to the pirates who had taken refuge and received protection there. I have also shown that as pirates, and of course the accessaries of pirates, set at defiance all law, so are they not entitled to its benefits, and "they may be forthwith executed without any solemnity of condem nation, by the marine law;" and consequently I should have been justifiable in using the severest measures that have been adopted in punishing the authorities and people of Foxardo. But, for the severity of the measures adopted by me, I refer to facts, and shall not say one word in defence of them. senses, would willingly undertake 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 States. The discouraging cir cumstance of my removal for the offence of landing on Porto Rico, and punishing the accessaries of pirates, the authorities of Foxardo, may have a much more important effect in retarding the suppression 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 fol lows any attempt on our part to obtain redress and security to our persons, so long the suppression of willing to undertake it, loses sight of his own respectability, and of the respectability of his nation and flag. I have satisfactorily shown that, by the laws of nations, I had a right to land on the shores of Porto Rico, in pursuit of my enemy. I have shown that, against the enemy, in pursuit of whom I was ordered to land, war had been formally declared by my country. I have shown that the allies, aiders, abettors, &c. of this enemy, were, by the laws of nations and of Eng. land, 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 chastishave further shown that, without even the formality of a declaration of war, and without even being ordered by their government, but merely on their own will and sense of right, other officers, under similar circumstances, 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 declarations of war, and precedent, to support me, I have orders to pass the territorial boundary of a foreign nation, in pursuit of pirates, 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, I 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 circumstances, I should be willing to rest the defence of my conduct on them alone. The following are the orders alluded to, dated Feb. 1st, 1823; I might stop here with a perfect confidence of an acquittal from the charge of rastness and indiscretion, in the violation of the territorial jurisdiction and immunities of Spain, or of any disposition to offer to that government any indignity or insult; but as, without asking of me explanation, and without complaint, from Spain, or from any other quarter, it has been thought proper to anticipate even the resolution, and wishes of Mr. Archer, (already distinguished for his active hostility towards me in the trial of lieut. Ken-piracy is impossible; and he who, on those terms, is non,) by ordering me from my station, to explain the transactions at Foxardo, which it has pleased the sccretary of the navy to term "extraordinary;" and as I am placed before the world as a condemned and degraded officer, it is a duty I owe to myself, as well as to the service to which I 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 imagined by the government, and that I have, jų no instance, departed from my instructions, so far as I could, by repeated perusal, understand them. I have perceived no obscurity in them, and I complaining, even to hanging, the authorities of Foxardo. I of none. I believe I understand them, and the intentions of those who drew them up; and without national or natural law, or precedent, I feel a confidence that the responsibility of my conduct at Foxardo, if improper, rests upon those who issued the orders, not on me who executed them. I do not wish it understood, however, that I dispute the propriety of the orders to the contrary, I fully concur in the doctrine laid down in them. They are framed 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. I not only subscribed to that part which authorizes my landing and pursuing pirates on the territory of a foreign power, and denounces those nations so lost to a sense of respect for their own character and interest, and the respect of others, as to refuse to put down piracy, much less to afford them an asylum and protection; but I subscribe to the yet stronger measures which have been recently recommended by the executive-nothing short of authority to land, pursue, and hold the authorities of places answerable for the pirates who issue from them and resort there--to make them answera- "SIR: You have been appointed to the command ble by reprisals on the property of the inhabitants, of a squadron, fitted out under an act of congress of and to blockade the ports on the islands. Nothing the 20th of December last, to cruise in the West Inshort of these measures can put down the disgraceful dia seas, and gulf of Mexico, for the purpose of resystem. I also coincide in opinion with the presi- pressing piracy, and affording effectual protection to dent, that neither the government of Spain, nor the the citizens and commerce of the United States. government of either of the islands, Porto Rico and Your attention will also be extended to the suppres Cuba, can, with propriety, complain of a resort to sion of the slave trade, according to the provisions of either of those measures, or all of them, should they the several acts of congress on that subject; copies of be resorted to, as the United States interpose their which, and the instructions heretofore given to our aid for the accomplishment of an object which is of naval commanders thereon, are herewith sent to you. equal importance to Spain and her islands, as well as While it is your duty to protect our commerce against To the contrary, it should be cxpected that all unlawful interruptions, and to guard the rights, they will faithfully co-operate in such measures as both of person and property, of the citizens of the may be necessary for the accomplishment of this United States, wherever it shall become necessary, very important object. Whatever measures, how-you will observe the utmost caution not to encroach ever, may be resorted to by the United States, the first thing necessary to secure success, is to protect, countenauce, and support the officer employed to execute them; and, in any measures which he may adopt reqiring energy of action, he ought not to be discouaged and degraded by punishment before complaint, or removed from his command without being allowed the opportunity of explaining his reasons for his confact. Without such assurances, no officer, in his to us. Extract. 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 honor of your country, and the just claims of its citizens. "Should you, in your cruise, fall in with any foreign naval force, engaged in the suppression of pi racy, it is desirable that harmony and a good under-cordially co-operate with you. If, in the pursuit of "You will announce your arrival and object to the authorities, civil and military, of the island of Cuba, and endeavor to obtain, as far as shall be practicable, their co-operation, or, at least, their favorable and friendly support, giving them the most unequivocal assurance that your sole object is the destruction of pirates. I think, after an attentive perusal of the foregoing orders, and instructions, no one will accuse me of having gone beyond the authority given to me, by intimidating the authorities and inhabitants of a town, which, from being the rendezvous of pirates and robbers, and from the course taken by the people and authorities to defeat the object of those sent in search of them, truly deserve the name of piratical. I am ordered to protect not only the property but the persons of our citizens. Will it be denied that lieut. Platt, and the other officers under my command, are American citizens, and entitled to my protection? And how could I have protected them had I overlook ed the conduct of the Foxardians? "The system of piracy which has grown up in the West Indies, has obviously arisen, from the war between Spain and the new governments, her late provinces in this hemisphere, and from the limited force in the islands and their sparce population; many portions of each being entirely uninhabited and desolate, to which the active authority of the government does not extend. It is understood that establishments have been made, by parties of 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 afford any protection or countenance to such robbers. It may, on the contrary, confidently be believed, that all governments, and particularly those most exposed, will afford all means in their power for their suppression. Pirates are considered, by the laws of nations, the It is the duty of all naenemies of the human race. The violence and insult offered to my country, in tions to put them down; and none, who respect their own character or interest, will refuse to do it, much less afford them an asylum and protection. The na- the person of Mr. Platt, it was made my duty to notion that makes the greatest exertions to suppress tice, and in the performance of this duty I did consuch banditti. has the greatest merit. In making such duct myself with the greatest moderation and for exertions, it has a right to the aid of every other bearance. The guns of the batteries were not spiked, power to the extent of its means, and to the enjoy- until self preservation made it necessary for me to ment, under its sanction, of all its rights in the pur- spike them, and, so soon as the apology of the autho suit of the object. In the case of belligerants, where rities of Foxardo was received, and assurance of rethe army of one party enters the territory of a neu-spect and protection for the future were given, I retral power, the army of the other has a right to follow it there. Difficulties were apprehended by the government, in the performance of the duties confided to me, and in any collision with foreign powers, I am instructed to conduct myself with as much moderation and forbearance as is consistent with the honor of my country, and the just claims of its citizens. tired. No complaints 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 favor; but as to the moderation of my conduct, and the precautions taken by me to preserve it in others, the testi mony is ample. In the former part of these remarks I have touched on the other parts of my instructions: I deem it, therefore, unnecessary to make any further com ments. 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 "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 against them, and may be considered as allies. The object and intention of one government is to respect the feelings, as well as the rights of others, both in substance and in form, in all the measures which may be adopted to accomplish the end in view. Should, therefore, the crews of any vessels which you have seen engaged in acts of piracy, or which you have just cause to sus-not pursued the course I did at Foxardo. I have, as yet, said nothing as to my motives. The pect of being of that character, retreat into the ports, harbors, or settled parts of the islands, you may en- motives of gen. Jackson, it is said, were founded in ter, in pursuit of them, such ports, harbors and settled the 'purest patriotism;' and, it is presumed, the mos parts of the country, for the purpose of aiding the lo- tives of the other officers I have cited, were equally cal authorities or people, as the case may be, to seize pure, or their conduct would not have been approved: and bring the offenders to justice, previously giving how their motives were ascertained, except from notice that this is your sole object. Wirere a govern their conduct and assurance, I do not know. On ment exists and is felt, you will, in all instances, re- my own part, I offer no assurances, but leave every spect the local authorities, and only act in aid of, and one to judge of my motives by my conduct alone. co-operation with them, it being the exclusive pur-Had my motives been bad or mischievons, I should pose of the government of the U. States to suppress have proceeded directly to hostilities, without giving piracy, an object in which all nations are equally in-notce to the authorities of Foxardo, and allowing terested, and, in the accomplishment of which, the them time to choose between the two alternativos Spanish authoritics and people will, it is presumad, offered them; and should not have taken the pre |