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[MARCH 1, 1825.

ditional vessel. With accounts of such facts, is every avail is such permission? The persons engaged in the gazette filled; but where is the record of our success? West India trade are not wealthy: all such find their Reasons for this want of success, I know, are urged, in way, with better hopes, to the other Indies. They are the shape of charges against the officers employed upon merchants of small capital, who, with the most persethis service; that they neglect the duty upon which they vering industry and rigid economy, can but just keep were ordered to engage, in the business of freighting on that commerce afloat. A single gun, and the expense their own account. No, no: It is an accusation I will of men, would sink it forever. You may say to them, not for a moment believe, but upon the most irrefragable "Be ye clothed; be ye warmed"-be ye armed-but proof. Can it be possible, that those gallant men, as they need not be tantalized to a sense of their sufferings. distinguished for humanity as bravery, would turn from Let Government supply the means, or aid them in doing the cries of their countrymen, bleeding in the hands of it. This proposition is already met with the opinion of robbers, to engage in a pitiful money speculation? That the Secretary of the Navy against it. In his letter of they, whose names are identified with the glory of their December 21, he says, "It has been sometimes proposcountry, would sell the mighty meed of their large hon-ed that the expense should be met by the Government, ors for the contemptible commissions of a cargo! would and protection afforded, by placing on board each vessel strip from their brows the wreath which the nation has a number of marines or soldiers; but this will at once placed there, to creep into the garb of a miserable Jew be perceived to be impracticable, when the number of broker! Never! never! Nor could the truth of such our merchant vessels is considered, with the different charge be admitted, without extending its reproach to routes which they pursue, and the times at which they the Head of the Department, and the President of the sail. The remedy must be extremely partial, or the exUnited States, who have power to enforce their own orders. The evidence of your official documents is against it. Captain Porter, in his letter of August 10, says, "the whole history of my operations against the pirates, renders any defence of my conduct, or the conduct of those under my command, against any imputations of neglect, from any quarter, unnecessary, as it is well known to the Department, that we have been devoted to the inglorious service, sacrificing health, comfort, and personal interests, for the sole object of suppressing a system of long continuance, the existence of which was disgraceful to the civilized nations, whose citizens were victims to it." "It is," says our intelligent agent, in his letter of October 1st, "in vain for commercial nations to rely upon mere preventive measures at sea." This experiment, then, of this description of force, has been tried, and fairly tried: and has failed.

If, however, the employment of such force in this manner, had continued a check upon the practice it temporarily produced, so long as it touches not the source of the evil, the sacrifice is greatly disproportioned to the result-and it is inexpedient and impolitic. Are we never again to travel the common highway of nations, but with such formidable array, and its actual presence, to guard our lives? In his letter of July 14, our agent says, "Notwithstanding the large armament maintained by the United States on this coast, attended with a profuse waste of treasure, and with the sacrifice of the health and lives of so many of their gallant crews, the only result has been, the temporary and partial interruption of the practice, while the source and cause of the mischief have not been reached." If the attempt had not served rather to destroy than save the lives of those intended to be protected, the expense would be of less importance. But the entire want of success has rendered the service, as it is justly called, " inglorious" -a despondency, a depression of spirits, is produced among the officers and crews, which would make them victims of disease in any climate-but when to such causes is added the unhealthiness of that station, we have daily melancholy proof of the sacrifice we make. I have before me an official list of more than eighty officers, who have perished in this service in two years past. I forbear to repeat from that list, names fainiliar to this House-names dear, not to their friends only, but to their country.

pense enormous.

The whole marine corps would probably not equal one-fifth of what would be required for a sufficient and equal distribution among all." This objection is, that we cannot arm all our merchantmen. That many difficulties exist in relation to a project of arming them, is not to be doubted, and I am rejoiced to find that this is placed foremost of them all; for, to me, it is far from being satisfactory for not adopting that system, As well might we refrain from building a ship of war, because we cannot bridge the Atlantic with them. If we cannot arm all our merchantmen, while a single gun, with half a dozen men would, in this method, accomplish more than twenty guns and three hundred men, in the manner now employed, why not avail our. selves of this mode of multiplying our means of defence and of annoyance? Less than one-half the $850,000, necessary merely to build the sloops of war proposed, thus expended, will, in six months, give a better account of the West India pirates than millions expended upon the plan we are pursuing.

Do this to meet them on the ocean-but do moreattack them, not in their caves and dens, but in their storehouses, in their dwellings, in the public offices, in their palaces. Make reprisals upon their property. Says Mr. Randall, in his letter of 14th July, "the remedy, to be effectual, must be applied directly to the origin and seat of the evil. Public opinion in this island must be changed; and, as this cannot be effected by reason of the voice of justice, it must be corrected by force; the authorities must be stimulated by counter-motives of interest or fear to the exercise of greater vigilance, or to measures of more rigor and severity against delinquents. These salutary changes, in my opinion, can only be produced by a rigid system of reprisals and hostilities on the part of the United States, against Spanish property, and particularly that belonging to this island.”

True it is, this bill authorizes the fresh pursuit and capture of pirates upon the land; but what are we to expect from the fresh pursuit of pirates by a force that, in twe years' search, has scarcely come in sight of one; and what need have we of an enactment to do that which we are authorized to do without it? While nothing is added, by implication it takes away the right we always possess to attack them at all times and in all places. But this, it is said, would be war; war with whom? I must dissent from a conclusion stated in the report of the But another provision of the bill relates to the permis- Committee of Foreign Relations, high as is that authorision for merchant vessels to arm. The arming of mer- ty, on this subject. In that report, it is alleged that chant vessels is undoubtedly the only effectual mode of Congress cannot authorize the pursuit and capture of making war with pirates on the ocean. Capt. Porter, pirates, in the towns upon the island of Cuba, "without in his letter of 10th August, so expressly tells us-and wresting from Spain her municipal jurisdiction." It from the very character of the enemy, and the mode of Spain has not the power herself to arrest and punish their warfare, we could hardly have needed such autho-them, then we wrest from her no jurisdiction. If pirates rity. Yet there is nothing in this bill but incumbrances are protected and aided in such towns, and Spain does upon a permission that before existed. And of what not choose to exercise such power, then the inhabitants

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Suppression of Piracy.

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not humanity suffered enough? Has not the barbarian spirit of that pretended government been sufficiently glutted with the cruelties inflicted on her own subjects, that we too must add to the number of the victims?-What no government could extort from us, shall we yield to the armed band of foreign assassins that, by who has deluged his own country with the best blood of her citizens? But I forbear; I will give better evidence of the gratitude I feel for the attention shown me, than to further trespass on the kindness of the committee.

It has been my purpose to show

That increase of our naval power, to be employed as is contemplated, promises no efficient remedy for the evil complained of:

That, while it does not afford us protection, it is prodigal both of life and treasure:

That a mere permission to merchant vessels to arm, is perfectly nugatory:

The idea of rewarding captors of pirates out of their prizes, and pensioning the wounded and widows of the slain, out of five per cent. of the proceeds, seemed to me not to require so much elaborate detail of legislation; in truth, that all the bill proposes is, to build ten sloops of war, a part of which, some years hence, may be at sea.

of those places are partakers in the crime, and Ferdinand | Spain-there now are "no longer any Pyrenees." Has himself is the King of pirates. Sir, I am for peace-that peace which secures us protection in our lives and pro perty-not a nominal peace, the fruits of which are only rapine and murder. By the chairman of that committee, we are just told, that Spain is not notified that we hold her answerable for such outrages. However informal may have been the notice, the repeated, the loud com-force, are holding a crown upon the brainless pate of him plaints of our sufferings must, long since, have reached even the heavy ears of that government. Two years display of our forces upon her shores, and the demands for her interference, must have made her understand our complaints of wrong, and claims for redress. One year since, from the same source, further deliberation was advised; it is still urged. It is presuming too much, to believe that such a suggestion can be heard with calmness by those of our countrymen who are suffering the cruelties of these barbarians. But we must wait, it is said, for further negotiation. When we were colonies of Great Britain, and Jenkins, whose case has recently been referred to, suffered some indignity from a Spanish cruiser, he was brought to state, in person, his wrongs before the Legislature of the natio, and the exclamation then was, not to negotiate, but to require concession and indemnity, as a sine qua non to the commencement of negotiation. I am willing to make all reasonable sacrifices to the etiquette of diplomacy—outfits, salaries, and time of Ministers; but not to add the offering of hecatombs of On the other hand-That our duty requires of us to our fellow citizens. When is negotiation terminated furnish merchant vessels with armament, and to authoA twenty years' experiment, not long since, resulted in rize reprisals upon the inhabitants of Cuba: That these a treaty rejected by that government; and the distin- measures are demanded, to avenge the insulted sovereignguished chairman of the Committee of Foreign Relations❘ty of our country, to rescue our violated flag from the has just expressed an opinion, that we have nothing bet- bloody hands of barbarians, to shield the unprotected ter to hope at present. Well may the usual benediction heads of our citizens from the lifted axe of the murderer. of their diplomatic notes be changed from-"May you live a thousand years," to-May you wait a thousand years. What could be gained from the most successful negotiation? Can it restore those to life whom every day's delay is adding to the long catalogue of the murdered? If that government promises to suppress the evil, it creates no new obligation-it gives no new power. If she has the power, and does not exercise it, we need no further negotiation. If she has not the power, we have, and the right too, and wherefore not exercise it? Exercise it upon the partakers of the plunder, the protectors of the culprits, upon the inhabitants of Cuba. The documents before us prove distinctly that the whole island is contaminated. In the letter before referred to, it is said, "those practices, so far from finding a check or corrective in the moral feeling of this community, are rather countenanced and aided by it." "The facts of the case prove, that a large part of the people of this island are engaged in hostilities of the most cruel and oppressive character against the property and lives of citizens of the United States, without the inclination or ability, on the part of the Supreme Government of Spain, or the local authorities, to put a stop to it."

Your gallant tars ask this at our hands; not protection, but the means, and they will protect themselves. In our country's utmost peril, she called on them and they answered from the broadsides of your frigates, in a voice that your enemy heard, understood, and obeyed. In our prosperity, may they not supplicate in vain.

Mr. FORSYTH rose, in reply, and observed, that his opinions must have been very badly expressed, if gentlemen could suppose that he had intended to deny that piracy exists-that it exists in an atrocious form, and ought to be suppressed. But I think, said Mr. F. that the President now has, and has had, both means and power to suppress it. This bill is useless; it diminishes the executive power. All that is sought, by the Presi dent, in his communication on this subject, is authority to go to the Spanish Islands. The Committee of For eign Relations think that he has already power to go to those Islands, and to all the islands in the world. The law of nations gives him this power, as the Executive Magistrate. Why, then, are we called to legalize the act? Is it because there exists some fears that the Executive will be blamed for not having done his duty? Why has piracy not been suppressed? Because the force given to suppress it has been withdrawn. But, inasmuch as complaint is made that the means are not adequate, I am willing to give more means. Two years ago you were told the same thing-the means were inadequate. And you then gave what was supposed to be sufficient, and what you were told, subsequently, effected the object.

The recent letter of Captain Porter has been cited, to disprove this statement of our Agent at Cuba.That letter, under the circumstances in which it appears, will be far from so doing. Captain Porter had recently taken liberties with that government for which his own had recalled him. Fresh from the affair at Foxardo, it might be thought worth a passing compliment to appease him, through whom complaints, if any, might be expect. In 1822, you were told that light vessels were wanted to be heard, and it can hardly deserve to be consider-ing, to go into the shallow waters; and you gave them. ed other than a sop to him, whatever may be his private virtues, whose official duties have served no other purpose than, Cerberus like, to aid the fiends within, to prevent the living from entering, or the dead escaping, those gates of hell.

We are urged to forbear insisting on protection, or see king indemnity from Spain, in compassion to her condition. It is impossible not to feel for the degraded, wretched situation of that ill-fated land; but there is no

The

Now you are told that the pirates withdraw from the shallow waters and go into creeks; and that launches are wanting to follow them. Could not launches follow them into creeks last year? Where are all the amount of means that you gave? Dissipated like chaff. attention of this House and of the public was lately called to a large vessel, recently fitted out. It was a magnificent object, and gentlemen left their seats here to contemplate it with admiration. But the money that

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ers.

the public attestation of our own commanding officer on that station in its favor.

it cost would have been better spent on a squadron for the West India Station. Where is this magnificent ves. Mr. P. P. BARBOUR said, that he had supposed some sel to be sent? Report says on a Quixotic Expedition up the Mediterranean, where it is to display the great- other gentleman would offer the motion which he was ness of our nation and bear what is called the Broad now about to present. But, as they had not done so, Pendant? The simple state of the question is this: Pi- he moved to strike out the second section of the bill. rates have been suffered to exist when they ought not. The purport of that section, as he understood it, was to The President says, he wants powers. He has had pow-impart to the President the power of ordering our forces He has had means. Ito land in fresh pursuit of pirates. He objected to any He says he wants means. would not, said Mr. F shelter from responsibility any of such enactment, as this power was not the subject of ficer of the Government, however high may be his sta- municipal legislation. All the authority of gentlemen, tion. The President has wanted neither men nor mo- on that subject, was derived from national law, and ney. This House has done its duty. A strange opin- there was a want of fitness in legislating on what the ion seems to have gone forth that this is a degrading law of nations already settles. The principle of that law, service; that the foe is worthless, and that victory will, as to pirates, was, that they were enemies of the human therefore, be inglorious. I am of a different opinion. race, and that, as such, all Governments were, ipso facto, These are the only victories which may be said to be always at war with them. We have a right to suppress unstained. I am content to leave the task to our naval piracy, according to the law of nations, and that law exheroes. I believe them to be fully sufficient successful-pressly allows of landing in fresh pursuit of an enemy. ly to accomplish it. I trust they will continue as they have done to strike down these murderers.

Mr. POINSETT expressed his agreement with the views of the gentleman who had just taken his seat. He had intended to speak on the general subject, but considering the lateness of the session, and the time which had already been occupied, he relinquished that intention, and implored other gentlemen to do the same, and let the House vote on the bill.

Mr. STRONG expressed a similar sentiment. The question was then put on striking out the second section, and carried.

We cannot increase our rights in respect to other powers by municipal legislation, and certainly we do not Mr. F. observed that he could not dismiss the subject wish to diminish them. The principle by which we are without endeavoring to do justice to the character of an to be governed is obviously this: If we wish the Execindividual, which, in his opinion, had been injuriously utive to act intraterritorially, then a municipal act diattacked. He referred to the Governor General of Cu- rects him what to do. But if we wish him to act extraba, who, under the most trying circumstances, had main- territorially, his act falls within the law of nations, and tained the character of an independent and honest man; a municipal law is therefore useless. The law of nations a thing difficult every where-but pre-eminently so un.is the rule of the Executive, without our saying so, and der the Spanish Government. Our Government had held he has the same right to carry that law into effect which him out to the world as such. He begged leave to call he has to carry into effect any municipal law. All our the attention of gentlemen to an anecdote which had rights as a nation already exist, and depend on sour been related of this officer by our agent at the Havana,* ces beyond our control. For these reasons he thought and quoted by the gentleman from New Hampshire. We it was proper that the section should be stricken out, are told, by that agent, that a large quantity of dou- and not because he was opposed to landing in fresh purbloons, piratically robbed from an American vessel, had suit of pirates. been traced to the village of Regla; that, by order of the Governor, an investigation had been begun, but before that examination had been prosecuted far, it was found that all the inhabitants of Regla would be involved in the affair, and that the Governor had, therefore, declared, that the investigation must proceed no farther. Now this story has on the face of it something very extraordinary. In the first place, doubloons are a species of property not very easily identified But, in the next place, it was most extraordinary that the Governor General of such a colony as Cuba should make a confession of this kind to a private individual. On what basis does the story rest? We are told that our agent had it from a gentleman of undoubted veracity: that that genMr. WEBSTER observed, in relation to the third sectleman told our agent that such a conversation had tak- tion, (which restricts the carrying of specie except as en place between Governor Vives and the claimant of ordered by the President,) that he presumed the Com the doubloons. Was it the claimant himself who told mittee on Foreign Relations could tell the House whethhim so? No, it was another person; and the story, be- er any thing now existed to prevent the President from fore it reached him, may have gone through a dozen giving such instructions as are contemplated by this sechands. He put it to the candor of gentlemen whether tion. It was certain that great complaints existed in reit was fair, on such a ground, to bring a charge so seri-lation to this matter. They were known to exist in Brious against a man universally respected by his own tain on the same subject. And notwithstanding what countrymen, both in Spain and in the Colonies. Say had been observed by the gentleman from New Hampwhat you will, the Governor of Cuba has, in the face of shire, much dissatisfaction was felt. the world, a justification for his conduct. He is placed in a most delicate and dangerous situation. He feels all its danger and all its delicacy. He remembers that he is commanding the richest portion of all the Spanish do-ed directions on the subject. minions, and one that hangs to Spain by a single thread. He ever consults first the interest of Spain. He must preserve the popularity of the Spanish Government in the Island. He went there with the deepest reluctance, and after pressing solicitation. He had the liveliest fears as to what might ensue. But he has conducted himself, in his very arduous situation, in a manner which does him lasting honor; and his conduct has received

Cuba.

Mr. STRONG then moved to strike out all the remainder of the bill after the first section. On the call of Mr. HOOKS, these sections were read.

Mr. CROWNINSHIELD observed, in reply, that the President has full power-that when he formerly held the office of Secretary of the Navy, he had himself issu

The remaining sections were then stricken out. Mr. FULLER offered a substitute, which, after a short discussion, was rejected.

Mr. WEBSTER moved to strike out the words, "for the more effectual suppression of piracy in the West Indies," (which follow the authority to build the vessels.) He thought the House ought to be careful to avoid all encroachment on the power of the Executive. He believ

From a subsequent explanation of Mr. Randall, it appears that this circumstance occurred before Gen. Vives went to

Suppression of Piracy.

ed there was no necessity for particularizing the purposes for which we build vessels. The true course was for the Executive to state what he needs, whether in men, ships, or money; and if we conclude to grant it, we are to leave him to use it on his own responsibility. For his own part, he believed that sloops of war would be necessary in times of peace as well as war, and after piracy should be suppressed as at the present.

The motion prevailed, and the words were stricken

Mr. FULLER proposed to add a section to the bill, empowering the President to dispose of the schooners and other vessels at present in use, and which were in aa great array of power. Why should we not go so far state of decay.

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there was rather an unnecessary agitation about the pirates. He believed that the President had force enough now. But five sloops of war at once was surely enough. Let us leave some to be provided by our suc

cessors.

The question was then put on Mr. BUCHANAN'S amendment, and carried-ayes 78, noes 57.

The committee then rose, and reported the bill as amended.

The House concurred in all the amendments of the Committee, saving the last, viz: that reducing the number of sloops, and the sum to be appropriated.

Mr. CAMBRELENG opposed the adoption of the amendment. The gentleman from Pennsylvania had given the House an eulogy on the ancient discipline of our navv. But if he wished to preserve or restore this, his own motion is fatal to the object. We have, at this moment,twenty-nine Masters Commandant, and only five ships of the class requisite to instruct them. It was on this description of officers, that the nation must rely in case of war; their instruction and improvement was an object all important to our naval power and reputation; and I appeal to that gentleman, whether, under such circumstances, the number of ships now proposed, is too great. He had hoped that the gentleman would at least have left the first section of the bill, if it were only for the sake of the impression which our measures are likely to make at Cuba. We began with a dreadful note of preparation; he hoped that our threats would have led to some more formidable measures; he called for the yeas and nays on the amendment. He did think that, when the pirates of Cuba called for American blood, that Congress was bound to respond to such a call

[MARCH 1, 1825.

The

Mr. FOOT, of Connecticut, observed, that the gentleman from Pennsylvania, (Mr. BUCHANAN,) asks—Why need ten of these ships to be built? Let the gentleman look at the accounts daily received from the Pacific.He will there perceive that the difficulties of our commerce are daily increasing; that our force on that sta tion is not sufficient. Our naval commanders have been forced to take our vessels under their protection, and have been scarce able to accomplish the object. ships would be needed if no piracy existed whatever. Mr. BUCHANAN observed, in reply to Mr. WEBSTER, that that gentleman had begun his speech in a manner he did not expect from him, and had expressed himself as much amazed that he (Mr. B.) should not be able to comprehend how the money appropriated is spent. He must have been very stupid indeed, to doubt for a mo ment that any sum that we may appropriate would be spent by the Navy Department. But he knew that tim ber was already bought, and he did not see the neces sity of appropriating money to buy it. He, too, was for beginning before we end. He would begin now with five ships, and end next Congress with five more. He was sorry to repeat an argument he had already more than once employed: but he could not comprehend why there should be so much tenacity manifested for building ten ships, when the 500,000 appropriated, would not build them. But he presumed the plan was now, to get the House to say, that the ships shall be built, and then to say, that next session the money required must be appropriated. He was opposed to this proceeding. Why should not the House retain its discretion, as to granting or not granting the means to build the other five, if at next session we should deem them necessary?

Mr. WEBSTER answered, that there was no conceal

The yeas and nays were ordered accordingly. Mr. BUCHANAN, in reply, said the gentleman ap-ed purpose on the part of the friends of the bill. Every peals to me but I can assure him he appeals in vain.-body knew that the ships would cost, not $500,000, but He, however, has been chosen a member of the next $800,000. Whoever voted for the building of them, Congress-I also have; and if he shall then make to me would vote with this understanding. But only $500,000 the same appeal, I promise him that appeal shall not be were now to be appropriated, because no more would made in vain. be wanted the present year. The building of the whole could not be accomplished in one year, but if the building of the whole shall be authorized, the requisite preparations may be made to the best advantage, and thus public economy be consulted.

Mr LIVINGSTON rose for the purpose of informing the House that it had been ascertained by the Board of Naval Commissioners that six of these vessels can be built in the course of the present year, out of materials now on hand. The present appropriation will, therefore, be sufficient to complete the whole.

The question was then taken on Mr. BUCHANAN'S amendment, (reducing the number of vessels to five, and the appropriation to $425,000,) and decided by yeas and nays, in the negative-yeas 72, nays 76. The bill was then ordered to a third reading.

ON THE SAME DAY

The bill having received its third reading, and the question being on its final passage,

Mr. WEBSTER observed, that it was not his habit to war against what appeared to be the will of the House; but, in the present case, he thought the answer to the objections urged was obvious and easy; and he felt great surprise that the gentleman should argue so strenuously from the sum being less than is needed for the ships. This House always appropriate, during any current year, less than the whole expense of any great object, requiring much time for its completion, because the whole sum cannot be used, and is not, therefore, needed in one year. Some of the proposed ships may be built out of timber already in the Navy Yards. The residue of the money may go to buy more timber. It is by no means necessary that the very materials purchased by the appropriation must be applied to this particular object. They may be taken from any stock of materials in possession of the Government, which will best answer the purpose, provided that stock is again replaced. The object of the bill he thought to be obvious; if the President orders ten keels to be laid, it can be done : Mr. ROSS, of Ohio, spoke in earnest opposition to it. that is not to say, that all ten of the vessels must be fin- The question had now become this: Whether we will ished this year; we must begin before we end. Many increase the navy of the United States? The bill was public works were, from their nature, gradually progres- no longer a provision against piracy, but a bill for the sive. When we contemplate a fortification, for instance, increase of the navy. If vessels of the kind proposed we assign for its completion a much larger sum than we were needed, he thought we had enough of them algrant for it in any one year. We take time by the fore-ready. We had twelve or thirteen schooners, a kind of lock. We avail ourselves of advantages in contracts and vessel very similar to those now to be built, as well calpurchases, and thus consult the public economy. This culated for the purpose intended as these sloops of war, year we appropriate towards these vessels only half a and the debate came back to the simple question, whemillion The remaining $300,000 we appropriate next ther this House will grant an appropriation for the ge year. They are designed for a most useful and needful neral increase of the navy? and not for any specific purservice; they are, in fact, indispensable to complete our pose. He wished to turn the attention of the House to naval establishment. They ought to be built, if only on the expense unavoidably attendant on such a measure. principles of economy; and the policy which dictates the He thought that, when that expense was duly considerpresent bill, is a wise forseeing and provident policy, ed, gentlemen would feel inclined to pause, and would and as such ought to be pursued. endeavor to be better satisfied of the necessity of the