APPENDIX

TO THE HISTORY OF THE FIFTEENTH CONGRESS.

[FIRST SESSION.]

COMPRISING THE MOST IMPORTANT DOCUMENTS ORIGINATING DURING THAT CONGRESS, AND THE PUBLIC ACTS PASSED BY IT.

SUPPRESSION OF PIRATICAL ESTABLISH- our laws have been latterly committed by a com

bination of freebooters and smugglers of various nations, who located themselves, in the first instance, upon an uninhabited spot, near the mouth of the river Trinity, within the jurisdictional limits of the United States, as claimed in virtue of the treaty of cession of Louisiana by France. This association of persons organized a system of plunder upon the high seas, directed chiefly against Spanish property, which consisted frequently of slaves from the coast of Africa; but their conduct appears not always to have been regulated by a strict regard to the national cha

That, having applied to the Department of State for information respecting the illicit introduction of slaves into the United States, they were re-racter of vessels falling into their hands, when ferred by the Secretary of State to the documents specie, or other valuable articles, formed part of transmitted to this House by the President's Mes- the cargo. Their vessels generally sailed under sage of the 15th of December last, consisting of a pretended Mexican flag, although it does not various extracts of papers on the files of the De- appear that the establishment at Galveston was partments of State, of the Treasury, and of the sanctioned by, or connected with, any other GovNavy, relative to the proceedings of certain per-ernment. The presumption, too, of any authority sons who took possession of Amelia Island in ever having been given for such an establishment the Summer of the past year, and also relative to is strongly repelled, as well by its piratical characa similar establishment previously made at Gal-ter, as its itinerant nature; for the first position veston, near the mouth of the river Trinity. at Galveston was abandoned on or about the 5th Upon a full investigation of these papers, with a view to the subject committed to them, your committee are of opinion that it is but too notorious that numerous infractions of the law prohibiting the importation of slaves into the United States have been perpetrated with impunity upon our Southern frontier; and they are further of opinion that similar infractions would have been repeated, with increasing activity, without the timely interposition of the naval force, under the direction of the Executive of our Government.

In the course of their investigation, your committee have found it difficult to keep separate the special matter given into their charge from topics of a more general nature, which are necessarily interwoven therewith; they therefore crave the indulgence of the House while they present some general views connected with the subject, which have developed themselves in the prosecution of their inquiry.

It would appear, from what can be collected from these papers, that numerous violations of

of April last, for one near Matagorda, upon the Spanish territory; and at a later period, this last was abandoned and a transfer made to Amelia Island, in East Florida, a post which had been previously seized by persons who appear to have been equally unauthorized, and who were, at the time of the said transfer, upon the point, it is believed, of abandoning their enterprise, from the failure of resources, which they expected to have drawn from within our limits, in defiance of our laws. There exists on the part of these sea rovers an organized system of daring enterprise, supported by force of arms; and it is only by a correspondent system of coercion that they can be met, and constrained to respect the rights of property and the laws of nations. It is deeply to be regretted that practices of such a character, within our immediate neighborhood, and even within our jurisdictional limits, should have prevailed unchecked for so long a time; the more especially as one of their immediate consequences was to give occasion to the illicit introduction of slaves

Suppression of Piratical Establishments.

from the coast of Africa into these United States, tion must have had upon the security, tranquiland thus to revive a traffic repugnant to human-lity, and commerce of this Union. ity, and to all sound principles of policy, as well as severely punishable by the laws of the land. By the seventh section of the act prohibiting the importation of slaves, passed in 1807, the President is fully authorized to employ the naval force to cruise on any part of the United States, or territories thereof, where he may judge attempts will be made to violate the provisions of that act, in order to seize and bring in for condemnation all vessels contravening its provisions, to be proceeded against according to law.

By the joint resolution of the Senate and House of Representatives, of the 15th of January, 1811, and the act of the same date, the President is fully empowered to occupy any part or the whole of the territory lying east of the river Perdido, and south of the State of Georgia, in the event of an attempt to occupy the said territory, or any part thereof, by any foreign Government or Power; and by the same resolution and act he may employ any part of the Army and Navy of the United States which he may deem necessary for the purpose of taking possession of and occupying the territory aforesaid, and in order to maintain therein the authority of the United States.

It is a matter of public notoriety, that two of the persons who have successively held the command at Amelia Island, whether authorized themselves by any Government or not, have issued commissions for privateers, as in the name of the Venezuelan and Mexican Governments, to vessels fitted out in the ports of the United States, and chiefly manned and officered by our own countrymen, for the purpose of capturing States are at peace. One of the objects of the the property of nations with which the United occupation of Amelia Island, it appears, was to description, equally reprobated by the laws of possess a convenient resort for privateers of this nations, which recognise them only under the denomination of pirates, and by several of the treaties of the United States with different Euthem as such.* It was against the subjects of ropean Powers, which expressly denominate Spain, one of the Powers with which the United States have entered into stipulations prohibiting their citizens from taking any commission from any Power with which she may be at war, for arming any ships to act as privateers, that these vessels have been commissioned to cruise; though, as the committee have observed, no flag, not even that of our own country, has proved a protection from them.

the subjects of foreign Governments for indemnities at the expense of this nation, for captures by our people in vessels fitted out in our ports, and, as could not fail of being alleged, countetenanced by the very neglect of the necessary means of suppressing them.

Among the avowed projects of the persons who have occupied Amelia Island was that of making the conquest of East and West Florida, The immediate tendency of suffering such arprofessedly for the purpose of establishing there maments, in defiance of our laws, would have an independent Government; and the vacant been to embroil the United States with all the lands in those provinces have been, from the nations whose commerce with our country was origin of this undertaking down to the latest pe- suffering under these depredations, and if not riod, held out as lures to the cupidity of adven- checked by all the means in the power of the turers, and as resources for defraying the expen-Government would have authorized claims from ses of the expedition. The greater part of West Florida being in actual possession of the United States, this project involved in it designs of direct hostility against them; and, as the express object of the resolution and act of January 15, 1811, was to authorize the President to prevent the province of East Florida from passing into The possession of Amelia Island, as a port of the hands of any foreign Power, it became the refuge for such privateers, and of illicit traffic in obvious duty of the President to exercise the the United States of their prizes, which were authority vested in him by that law. It does frequently, as before stated, slave ships from not appear that among these itinerant establish- Africa, was a powerful encouragement and tempers of republics and distributers of Florida lands tation to multiply these violations of our laws, there is a single individual inhabitant of the and made it the duty of the Government to use country where the republic was to be constituted, all the means in its power to restore the security and whose lands were to be thus bestowed. The of our own commerce, and of that of friendly project was, therefore, an attempt to occupy that nations upon our coasts, which could in no other territory by a foreign Power. Where the pro-way more effectually be done than by taking from fession is in such direct opposition to the fact; this piratical and smuggling combination their where the venerable forms by which a free peo- place of refuge. ple constitute a frame of government for themselves are prostituted by a horde of foreign freebooters, for purposes of plunder; if, under color of authority from any of the provinces contending for their independence, the Floridas, or either of them, had been permitted to pass into the hands of such a Power, the committee are persuaded it is quite unnecessary to point out to the discernment of the House the pernicious influence which such a destiny of the territories in ques,

In order, therefore,jto give full effect to the intentions of the Legislature, and in pursuance of

See the Treaty of Peace with France, 1778, art. 21, United States Laws, vol. 1, p. 88; with the Netherlands, 1782, art. 19, vol. 1, p. 162; with Sweden, 1783, art, 23, vol. 1, p. 190; with Great Britain, 1794, art. 21, vol. 1, p. 218; with Prussia, 1785, art. 20, vol. 1, p. 238, and 1797, art. 20, p. 256; with Spain, 1795, art. 14, vol. 1, p. 270.

Suppression of Piratical Establishments.

the provisions of the above-recited resolution and communicated to the Department, accompanied acts, it became necessary, as it appears to the by suggestions of the measures necessary to recommittee, to suppress all establishments of the press the evil, I deem it my duty to state that the hostile nature of those above described, made in most shameful violations of the slave act, as well our vicinity, the objects of which appear to have as our revenue laws, continue to be practised, been the occupation of the Floridas, the spoliation with impunity, by a motley mixture of freebootof peaceful commerce upon and near our coasts ers and smugglers, at Galveston, under the Mexiby piratical privateers, the clandestine importa- can flag, and being, in reality, little else than the tion of goods, and the illicit introduction of slaves re-establishment of the Barrataria band, removed within our limits. Such establishments, if suf- somewhat more out of the reach of justice; and, fered to subsist and strengthen, would probably unless the officers of customs are provided with have rendered nugatory all provisions made by more effectual means for the enforcement of the law for the exclusion of prohibited persons. The laws, the Treasury must suffer incalculably. To course pursued on this occasion will strongly give you a more correct idea of this establishmark the feelings and intentions of our Government, it will be necessary to be a little prolix, ment upon the great question of the slave trade, which I beg you will excuse. Galveston is a which is so justly considered by most civilized small island or sandbar, situate in the bay of St. nations as repugnant to justice and humanity, Bernard, on the coast of Texas, about ninety and which, in our particular case, is not less so miles west of Sabine, within the jurisdictional to all the dictates of a sound policy. limits claimed by the United States, in virtue of Your committee anticipate beneficial results the cession of Louisiana to them by France. from the adoption of these measures by the Ex-The establishment was recently made there by a ecutive, in the promotion of the security of our Commodore Aury, with a few small schooners Southern frontier and its neighboring seas, and from Aux Cayes, manned, in a great measure, in the diminution of the evasions, latterly so fre- with refugees from Barrataria and mulattoes. quent, of our revenue and prohibitory laws. The This establishment was reinforced by a few more experience of ten years has, however, evinced the men from different points of the coast of Louisinecessity of some new regulations being adopted, ana, the most efficient part of them being princiin order effectually to put a stop to the further pally mariners, (Frenchmen or Italians,) who introduction of slaves into the United States. have been hanging loose upon society in and In the act of Congress prohibiting this importa- about New Orleans, in greater or smaller numtion, the policy of giving the whole forfeiture of bers, ever since the breaking up of the establishvessel and goods to the United States, and no ment at Barrataria. Colonel Perry commanded part thereof to the informer, may justly be doubted. one party of about eighty or ninety men of this This is an oversight which should be remedied. new community, who had been enlisted princiThe act does, indeed, give a part of the personal pally as soldiers within our jurisdiction; and Mr. penalties to the informer, but these penalties are Herarra, coming with a few followers from New generally only nominal, as the persons engaged Orleans, brought up the rear; and then announcin such traffic are usually poor. The omissioned the establishment to the world by a proclamaof the States to pass acts to meet the act of Congress, and to establish regulations in aid of the same, can only be remedied by Congress legislating directly upon the subject themselves, as it is clearly within the scope of their constitutional power to do.

tion, attested by a Frenchman by the name of Morin, very recently a bankrupt auctioneer in New Orleans, as Secretary of State. From this new station, fed and drawing all its resources from New Orleans, and keeping up a regular intelligence, through a variety of channels, with their friends here, an active system of plunder [The following documents are extracted from those was commenced on the high seas, chiefly of Spanreferred to in the aforegoing report.] ish property, but often without much concern as Letter from the Secretary of the Treasury to the Sec-ney was in question. The captures made by to the national character, particularly when moretary of State, dated their numerous cruisers (many owned by citizens NOVEMBER 21, 1817. of the United States) were condemned by a preThe Secretary of the Treasury presents his re-tended court of admiralty there as prizes, and spects to the Secretary of State, and has the honor the cargoes introduced into this State, principally of transmitting to him copies of the communica- in a clandestine manner. The vessels thus contions which have been received at this Depart- demned have generally come here under new ment concerning the occupation of Galveston names, and with the Mexican flag. Some of and Amelia Island by persons sailing under the them have been detained by the United States various flags of the independent Governments of naval force for hovering in our waters, and others North and South America, late Spanish provinces. have been libelled for restitution by the Spanish Consul, in behalf of the orginal owners; and though several trials have come on before the honorable the United States district court for the district of Louisiana, and the claimants have never been able to produce proof of the Government of Galveston having ever been authorized

Extracts of a letter from Beverly Chew, Esq., collector at New Orleans, to Mr. Crawford, dated

AUGUST 1, 1817. As it is your wish that every attempt to evade the provisions of the existing laws should be

Suppression of Piratical Establishments.

by the Mexican Republic, restitution has been decreed in several instances. There is no evidence of the establishment having been made or sanctioned by, or connected with, a Mexican republic, if one be now existing; and the presumption of such an actual establishment under such an authority is strongly repelled by the illegal and piratical character of the establishment, and its ambulatory nature. It is not only of very recent origin, but is clothed with no character of permanency; for it was abandoned about the 5th of April, and transferred to Matagorda, leaving at Galveston only an advice boat, to advertise such privateers and prizes which might arrive there of the spot on which they had fixed their new residence. Some days after the abandonment of Galveston, several privateers arrived there, and among the rest the General Artigas, commanded by one G. Champlin, of New York, with two schooners, her prizes, the Patronila, with one hundred and seventy-four slaves, and the Enrequita, with one hundred and thirteen slaves; and also a Spanish and a Portuguese vessel, and the American schooner Evening Post, of New York, Calvin Williams master, prizes to the- Captain Maurice Nicholas Jolly.

der the Spanish Treaty; but, owing to the unfortunate absence of the judge, no decision can be had thereon. These steps of the officers of the port have irritated the Barratarian gentlemen and their connexions in a high degree; and representations filled with falsehoods will probably be made against them, particularly on the score of enmity to the patriotic cause. As well might a man be accused of being an enemy to personal liberty who arrests and confines a robber, as that the officers of the port of New Orleans should be accused of being unfriendly to the revolution in the Spanish provinces because they attempted to prevent a lawless establishment at Galveston from violating the laws. The prizes made by the privateers under the Mexican flag are to a very large amount of merchandise, such as jewelry, laces, silks, linens, britannias, muslins, seersuckers, calicoes, &c.; all of which are repacked in small bales, of convenient size for transportation on mules, and the greatest part introduced clandestinely. Other articles, such as iron, nails, tallow, leather, glass ware, crockery, cordage, beef, &c., are brought here in their prizes. It is stated, and universally believed, that Captain Champlin sold the slaves captured in the PaAmong the most conspicuous characters who tronila and Enrequita to the Lafittes, Sauvinet, happened to be then at Galveston were many of and other speculators in this place, who have or the notorious offenders against our laws who had will resell to the planters; and the facility offered so lately been indulged with a remission of the to smugglers by the innumerable inlets are too obpunishment, who, so far from gratefully availing vious, on a view of the map, to doubt; but they themselves of the lenity of the Government to either are or will be all introduced into this State, return to or commence an orderly and honest without the possibility of the officers of the revenue life, seem to have regarded its indulgence almost being able to prevent or punish them; more espeas an encouragement to a renewal of their offen- cially as a great portion of the population are disces. You will readily perceive I allude to the posed to countenance them in violating our laws. Barratarians, among whom the Lafittes may be A few days ago, information having been given classed foremost, and most actively engaged that one of our citizens had gone to the W. with a in the Galveston trade, and owners of several very considerable sum in specie, to purchase slaves cruisers under the Mexican flag. Many of our for himself and two other planters, I determined citizens are equally guilty, and are universally to make an effort to arrest him on his return, and known to be owners of the same kind of vessels. immediately purchased a fine boat on account of A number of these characters being at Galveston the Government, (which had been lately captured after the abandonment, readily saw the advant- by a party I had sent on Lake Ponchartrain, and ages that would result in the re-establishment of condemned for a violation of the slave act,) which a Government at that place; its situation, so im- I have sent under the command of an active. mediately in the vicinity of our settlements, be- enterprising inspector, with a military guard of ing much preferable to Matagorda; their views twelve men, and am in great hopes of his falling being entirely confined to introducing their cap-in with and capturing the party. I am pertures into this State. Accordingly, a meeting was called on the 15th of April, and it was resolved to re-establish the Government; and a true copy of their deliberations you have enclosed. I can vouch for the correctness of the copy, having received it from a person of undoubted veracity. And thus, without even the semblance of authority from the Mexican Republic, they immediately proceeded to condemn vessels and cargoes as good prizes, and to introduce them into this port, and, among the rest, the cargo of the Evening Post. It was some time before this was known here, great pains having been taken to keep it secret. Since it has been known, I have felt it my duty to report all vessels and cargoes which have arrived here from Galveston to the district attorney, who has had them arrested un

suaded you will approve of my not waiting for instructions, at the risk of seeing the laws violated with impunity; and I cannot but hope the Government will see the necessity of giving instructions to the naval force on this station to prevent the re-establishment of Galveston; otherwise the bay will no longer be safe for any flag. Since they have been denied shelter in Port au Prince, they have no other asylum than Galveston. On the part of these pirates we have to contend with, we behold an extended and organized system of enterprise, of ingenuity, of indefatigability and of audacity, favored by a variety of local advantages, and supported always by force of arms; and, unless they be met by correspondent species of resistance, the results of the contest are of very simple calculation.

Suppression of Piratical Establishments.