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sworn to by two officers who had accompanied him, setting forth all the plans and projects of this traitor, and the manner in which he had violated the laws of the republic; and that, on another occasion, the same consul presented the declarations, on oath, of four sailors of the pirate Potosi, stating the prizes they had made, the merchants to whom. were addressed the effects stolen from the vassals of the King; and that in both cases they were considered insufficient to proceed against these highway robbers, and to afford the vassals of His Catholic Majesty that protection which they had a right to expect of a friendly power.

At this very moment I have received advice from His Majesty's consul at Norfolk, stating that a quantity of seroons of cochineal, indigo, and Jesuit's bark, brought in by the two privateers, the Independencia del Sud, Captain Chaytor, and the Atrevida, alias Romp, Captain Grinnolds, has been shipped at that port on board the packet which sailed on the 23d instant for New York, in order that, by changing place and appearing to be cleared out by other merchants, the vassals of His Majesty may be deprived of their property, and the pirates and merchants who have fitted them out become the owners of the booty. No one renders more justice to the rectitude of the President than I do, and to the sincere desire that he has to put a stop to the practices so contrary to the virtue and good faith which characterize this republic; but it is that very cause which lays me under the necessity of exposing these practices, with an entire confidence that the President will only see in this communication my anxious desire to prevent any obstacles being thrown in the way of the friendly arrangement now pending between the two powers. The treaty of limits and navigation existing between them establishes, in the most positive manner, that the two nations have agreed to consider as pirates all vessels fitted out in the two countries, respectively, manned and commanded by their respective subjects or citizens, acting in a hostile manner against one or the other of the two contracting parties under a foreign commission. The acts of Congress of the 5th of June, 1794, of the 14th of June, 1797, and the second section of that of the 30th of April, 1790, prescribe the punishment to be inflicted on these persons, and the steps to be taken on both sides to restore the property to its lawful owners.

I rely on your justice and friendly sentiments toward my government for promoting, with the President, such orders as in his wisdom and foresight will seem to him best adapted to prevent the evasion of the laws and the sacrifice of that portion of His Catholic Majesty's subjects who have been robbed by these pirates.

I renew, &c.,
(Signed)

LUIS DE ONIS.

[108]

*No. 16.

Don Luis de Onis to Mr. Rush.

[Translation.]

WASHINGTON, April 4, 1817.

SIR: Although I have always made it a duty not to intrude on the attention of this Government by remonstrances which are not founded on incontestible facts, or, at least, on moral evidence, yet it appeared to me, in the conference which I had with you yesterday, that you were not satisfied with the complaints I lately addressed to you against the

pirates Potosi, Mongore, Congreso, Independencia del Sud, and Atrevida. I have now the honor to annex a copy of a letter from the owners of the Spanish ship Nuestra Señora de los Dolores, and of one from the consignee at Havana, by which you will be informed that the said vessel was captured near to Cadiz by the pirate Independencia del Sud, Captain James Chaytor.

I also inclose to you the declaration, on oath, of Joseph Ojeda, captain of the Spanish schooner Catalina, captured by the pirate Almeida, commanding the Orb, alias the Congreso. By this declaration you will see the number of Spanish vessels he has plundered, those he has burned, and those he has sent to other ports. I flatter myself that you will find in these documents, if not all the evidence required by the laws of the United States for the punishment of a man who has committed so many atrocious acts, at least sufficient to justify the detention, for the benefit of the lawful owners, of the property which he is endeavoring to introduce clandestinely into this country, in violation of the treaty of friendship, limits, and navigation now existing between the two powers.

I hope, sir, that you will allow me to use the term "pirates" in speaking of these banditti. My impression is (and I found it upon the treaty of amity I have just referred to) that every vessel built or fitted out within the jurisdiction of this republic, manned and commanded by citizens of the Union, which is navigated and commits hostilities under a foreign flag, is, and must be, deemed a pirate; that, as such, it is liable to confiscation, with all the property on board, that it may be afterward restored to the lawful owners, although no one should present themselves to make the claim in their behalf, as would be done in the case of any known murderer, or of one against whom there existed strong suspicions of having committed a crime against society, and this for the purpose of satisfying the calls of public vengeance. I hope that you will have the goodness to inform me if I am mistaken in this conception, and, in case it should be that of the President, that you would be pleased to obtain such measures of him as, in his wisdom, he may deem most proper to prevent the vessels above mentioned, together with their captains, again putting to sea, and to afford that protection to His Majesty's subjects which they have a right to expect from the close friendship existing between the two governments, by laying an attachment on the property on board those vessels, that it may be delivered up when its owners are ascertained.

I renew, &c.,
(Signed)

LUIS DE ONIS.

[Inclosure 1 in No. 16.]

Don F. de Maura to Mr. Stoughton.

[Translation.]

HAVANA, December 17, 1816. SIR: I am again obliged to trouble you by requesting you would be on the watch if the ship called the Nuestra Señora de los Dolores, alias the Primera, should put into any port in the United States, which vessel I dispatched for Cadiz on the 10th of July, under the command of Captain Nicholas Larrea, with a cargo of sugar consigned to the owner, Don Juan Francisco de Vergara, of the same place, who, under date of the 3d of September, informs me of her capture on the 27th of August, near Cape St. Vincent, by the privateer Independencia del Sud, Captain James Claytor, and gives me authority to claim or ransom her, as you will see by a copy of his letter inclosed. I therefore hope you will do me the favor to advise me of whatever may turn up in the affair, that the requisite orders may be promptly given.

I am, &c.,
(Signed)

FRANCO DE PAULO DE MAURA.

[Inclosure 2 in No. 16.]

Don Juan de Vergara to Don F. de Maura.

[Translation.]

CADIZ, September 3, 1816. SIR: On the 27th of August last, at a distance of twenty-two leagues from Cape St. Vincent, the ship Nuestra Señora de los Dolores, alias Primera, Captain Nicholas Larrea, which sailed on the 10th of July of the present year, was captured by the insurgent schooner-brig, of Buenos Ayres, called the "Independencia del Sud," commanded by James Chaytor. On being captured Captain Larrea endeavored to ransom his vessel and cargo, and the commander of the privateer actually agreed to estimate the sale at $50,000, including therein $5,000 for the vessel, the ransom to be paid in Cadiz. When they were on the point of drawing up the necessary writings, the brig Golondrina, from Cumana, appeared in sight, which, being likewise made prize of, she was afterward liberated to carry to Cadiz the crew of the Primera, and on that account the ran

som was not carried into effect. As it appears, by information, that the privateer [109] which captured her was fitted out *in North America and commissioned by the insurgent government of Buenos Ayres, she will be purchased for little or nothing. I understand that she will be ordered to the cayes of St. Louis, St. Thomas, St. Bartholomew, North America, Jamaica, or some other English port. It will, therefore, be for my interest and that of your brother, Don Pascal, &c.

(Signed)

JUAN FSCO. DE VERGARA.

[Inclosure 3 in No. 16.]

Deposition of the captain of the Spanish schooner Nueva Catalina.

BALTIMORE COUNTY, State of Maryland, to wit :

APRIL 1, 1817.

Be it remembered that, on the 1st day of April, 1817, personally appeared before me Daniel Rogers, notary public for this State, Diego José Ojeda, and, being first duly sworn according to law, deposed as follows: That he was captain of a Spanish schooner, called the Nueva Catalina; that he was taken in the said schooner, on the coast of Cuba, by a privateer called the Congreso de Buenos Ayres, commanded by Joseph Almeyda, and in the night of the same day, the 9th of Febuary last, his said schooner was taken by the Spanish brig-of-war Campedor, and immediately afterward taken again by the same privateer, when, having taken out all the provisions and best part of the sails, fire was put to the said schooner Catalina, and her crew put on board an American schooner, with the exception of the captain, the second mate, the cook, and two passengers, whom Captain Almeyda said he would not liberate until the same had been done with one of his officers and five men, who had been taken prisoners there; during the deponent's stay on board of Almeyda's privateer, he took the schooner Ardilla, from Omsa, with a cargo of sarsaparilla and $2,000, which sum was taken out

and the schooner burned.

On the 19th of February he captured two brigs, the San Antonio Abad, from Vera Cruz for the Havana, in ballast, and having some money on board; this vessel was also burned. The other brig, San José, from Havana to Campeche, with a cargo of brandy, wine, and other goods, was completely plundered, and the prisoners of the Ardilla, and San Antonio, with the two passengers of the Catalina, were put on board of her, keeping a man of each vessel on board of the privateer; the San José was then allowed to proceed to Campeche.

On the 24th he captured the Paz, bound from Sisal to Havana, on board of which vessel a prizemaster and eight sailors were sent, as also the mate of the Catalina. She was then dispatched for Galveston. Her crew were put on shore at about eleven leagues from the port of Sisal; and this deponent further states that Almeyda made sail for this place, where the said deponent was not allowed to land until the 28th of March last, when he was sent on shore without any of the papers of his vessel, Almeyda having taken possession of them.

(Signed)

DIEGO OJEDA.

In testimony whereof the said deponent hath hereunto subscribed his name, and I, the said notary, have hereunto set my hand and affixed my notarial seal, the day and year herein before written.

[L. S.]

DANIEL ROĠERS,
Notary Public.

No. 17.

Don Luis de Onis to Mr. Rush.

[Translation.]

WASHINGTON, April 5, 1817.

SIR: As nothing can be more flattering to me than to prove to you that all my reclamations bear the stamp of the most scrupulous exactness and truth, I have the honor to inclose the declaration, on oath, of two seamen of the Spanish brig San Antonio de Padua, captured by the pirate Almeyda, by which you will see that this pirate has not confined himself to taking and burning Spanish vessels, but has also detained and robbed an English vessel upon the high seas.

I hope that you will have the goodness to bring the said document to the knowledge of the President, as a corroboration and support to the reclamations which I have addressed to you, in order that the property plundered by that pirate, and by the Potosi, Independencia del Sud, Mongore, and Atrevida, may be secured for the subjects of the King, my master, and that they may not be permitted to return to sea to continue their depredations.

I renew, &c.,
(Signed)

LUIS DE ONIS.

[Inclosure in No. 17.]

Deposition of two seamen of the Spanish schooner San Antonio de Padua.

BALTIMORE COUNTY, State of Maryland, to wit :

APRIL 4, 1817.

Be it remembered that, on the 4th day of April, in the year of our Lord 1817, personally appeared before me, a justice of the peace of the said county, Lewis Falcone and Barnard Falcone, Italians, and, being first duly sworn according to law, depose as follows:

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That they belonged to the crew of the Spanish schooner San Antonio de Padua, he, the said Lewis, being gunner thereof; that having sailed from St. Jago de Cuba, [110] bound for Havana, on *or about the 28th of January last, they were chased and

captured the same day by a Buenos Ayres privateer, called the Congreso, commanded by one José Almeyda, who took the deponents on board his vessel, depriving them of fifty boxes of cigars, four barrels and five bundles of Spanish tobacco, and a bag containing silk handkerchiefs; that during their stay on board Almeyda's vessel, he took seven Spanish prizes, three of which he burnt, and on or about the 15th March, near the port of Havana, he fell in with a British brig, chased her under Spanish colors, and when sufficiently near fired into her, hoisting at the same moment the Buenos Ayres flag; the brig, being armed, was defended by discharges of grape-shot nearly the whole day, but being boarded in the evening was compelled to surrender; during the whole transaction the British ensign was at her main peak, and no other flag. Her crew were taken on board the Congreso, and the vessel plundered of several valuable articles of gold and silver. She was given up and allowed to proceed: her mate received a musket-shot through the head, of which wound it was almost impossible he could recover. And these deponents further state that Almeyda, after this, proceeded to the United States, and arrived at Baltimore on or about the 28th of March last.

[graphic]

(Signed)

Sworn to and subscribed before me,

LEWIS FALCONE.

his BARNARD + FALCONE. mark.

THO. W. GRIFFITH.

No. 18.

Don Luis de Onis to Mr. Rush.

[Translation.]

WASHINGTON, April 18, 1817.

SIR: By the information which has been transmitted to me by His Majesty's consul at Baltimore, in relation to the legal steps taken by him for the seizure of the pirate Congreso, Captain Almeyda, and the attachment of her cargo, it appears that the court of Baltimore County has declared its incompetency to take cognizance of this cause, on the plea that the Congress had not the power to alter the mode pointed out by the Constitution, in which similar causes are heard and decided in the Supreme Court of the United States; from which decision it follows that no State judge or justice of the peace has power to arrest any individual for a violation of the laws of this republic. I will not permit myself any reflection upon the forms of law which may be laid down for cases of this nature, nor upon the powers which are, or are not, within the competency of the legislature; but I cannot the less express to you my surprise that the State's attorney has not given the direction recommended by the laws to an affair which, in addition to the justice due to the subjects of His Catholic Majesty, so essentially interested the honor of the United States, by the violation of its statutes, its treaties, and its neutrality with foreign nations.

The result of all which is that the pirate Almeyda is at full liberty; that his vessel, the Congreso, is released from attachment, and that he is free to land and place in safety the fruits of his piracies; that during several weeks he has had thirty hands at work upon his vessel, sheathing her with copper, making new sails, and giving her a thorough repair; and that there is an appearance that he will profit by the first favorable wind to put to sea, and continue with greater fury his atrocities and piracies, before the suit can be instituted in the court which is now designated, if effectual measures be not taken to prevent him.

I therefore hope that you will be pleased to lay the foregoing subject before the President, and I doubt not that, animated by his desire to preserve the friendship which happily subsists between Spain and this republic, he will adopt those measures which appear to him most suitable to prevent the evasions employed to obstruct the course of justice, and burden the United States with an indemnification for injuries of such magnitude occasioned to the subjects of the King, my master, by reason of the non-observance of the treaty which exists between the two nations.

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SIR Although I was persuaded that the act of Congress of the 3d of March, relative to the preservation of the neutrality of the United

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