Notwithstanding all this excellent work, we read that the schooner Shepherdess (Rufus Fink), of Warren, R. L. from Matanzas to New Orleans, on January 31 was boarded and robbed by a piratical open boat of 15 men. Also, that the brig Leader (Jonas Jones), of New York, was boarded and robbed by a piratical boat of 12 men, nine miles east of Moro Castle. The crew were shamefully treated.
The next episode, while creditable to Stockton's energy, resulted, for the time being, disastrously to him, for his prize was not condemned and he was sued in the United States District Court for false seizure. He lost the case and was cast in heavy damages. On appeal, it was carried to the United States Supreme Court, which sustained the validity of the capture: "Portuguese ship Mariana Faliero, captured by Lieutenant R. F. Stockton, in the United States' schooner Alligator, sent into Boston."
Undeterred by a few misadventures, the pirates continued their attacks. "Piracies are still frequent off the coasts of Cuba; American and British vessels are indiscriminately robbed under the most aggravating circumstances."
The complaints direct and the expostulations in the public press against piracy were not without effect in Washington, for, on February 9. 1822, we learn that "Congress in resolutions is taking notice of the serious state of affairs in the West Indies." The following shows the general feeling:
U. S. Ship "Hornet"
Hampton Roads
21st Feby 1822.
…The horrid system of piratical aggression and outrage, which has been so long carried on by those lawless men, notwithstanding our efforts to put a stop to it, seems to be increasing to a degree truly alarming to the mercantile interest, and afflicting to humanity; and yet, the authorities of the Island from which they mostly eminate, and whose inhabitants are the principal authors, look on with a calm, cold blooded indifference, and adopt no measures to suppress them. It was even said publicly at Havanna that a number of villains who were known to be engaged in the piratical system had upon hearing of our Navy's success in destroying some of their band avowed their future intention to spare neither the lives or property of the Americans.
I have the honor to remain
Sir, very respectfully
Your Obt Svt.
R. Henley.
The Honble.
Smith Thompson
Secretary of the U. S. Navy.
The result of agitating the subject is seen in the following, taken from the report of the Committee on Naval Affairs, March 2, 1822:
The extent, however, to which the system of plunder upon the ocean is carried on in the West India seas, and Gulf of Mexico, is truly alarming and calls imperiously for the prompt and efficient interposition of the general government. Some fresh instance of the Atrocity with which the pirates infesting those seas carry on their depredations, accompanied too by the indiscriminate massacre of the defenceless and unoffending, is brought by almost every mail, so that the intercourse between the northern and southern sections of the Union, by sea, is almost cut off.
The committee are induced to believe that this system of piracy is now spreading itself to a vast extent, attracting to it the idle, vicious, and desperate of all nations, and, more particularly, those who have heretofore been engaged in the Slave trade, from which the vigilance of the American cruisers have driven them; and that, if they are not winked at by the authorities in the Island of Cuba, they are in no respect restrained by their interference.
That the sloop of war Hornet, of 18 guns; the brigs Enterprize and Spark, of 12 guns each; and the schooners Porpoise, Grampus, Shark and Alligator, of 12 guns each, are already cruising in the West India Seas and Gulf of Mexico, for the protection of trade, the suppression of piracy, and traffic in slaves; and that the two gunboats, Nos. 158 and 168, are also cruising along the coasts of Georgia and Florida for the same purposes.
Resolved, That it is expedient, forthwith, to fit out and put in service the corvettes Cyane and John Adams, and the sloops of war Peacock and Erie, for the protection of commerce, and the suppression of piracy in the West India seas, and the Gulf of Mexico, and also to employ the frigate Constellation, should the President of the United States deem the employment of a frigate necessary for the purposes aforesaid.
Nor was the government content with idle words, for we read that "the frigate Macedonian, Captain Biddle, is about to sail from Boston with four smaller vessels and 200 marines, with instructions, it is said, to sweep the land as well as the sea of the pirates of Cuba."
In the meantime, Lawrence Kearney was successfully busy at his wonted pastime:
U. S. Brig "Enterprize," Off Cape Antonia,
7th March, 1822.
Sir:
Our first duty has occurred at Cape Antonio, the most dangerous place for Merchant Vessels to pass.
My vessel being disguised, this morning was passing the Cape about 7 A. M. when a twelve oared Barge was discovered in pursuit. But soon after she made a retreat towards Mangrove Point; and as I could not pursue her with success with the Brig, owing to the shoals, I ordered away my boats.
The following note, this moment received, will inform you of the result:
"To Lieut. Comdt. Kearney,
"Sir,
"I have the pleasure to inform you that we have succeeded in capturing four Boats and two Launches (sloop Rigged). We landed and took them in a creek, which I have not yet satisfactorily examined. I send you a Barge and a Cutter, and remain,
"Yours, &c.
(Signed) Jas. M. McIntosh, Lieut."
A guard of Marines is sent to assist the party to apprehend the Pirates on shore…
I am, very respectfully, &c.
L. Kearnev.
Com. Patterson,
New Orleans
A newspaper of a few weeks later gives us this account:
We have a report which appears to be true, that on the 8th ult. the U. S. brig Enterprise, lieut. Kearney, captured eight sail of piratical vessels, whose united crews amounted to about 160 men. This must be pretty nearly a finishing stroke to the desperadoes: we have not lately heard of so many piratical acts, but cases are just published which happened in December last, in the capture of the brig Exertion, and schooner Constitution, of Boston, that have caused no little feeling. The vessels that seized them were partly manned by the 21 wretches who were recently tried and condemned as pirates at New Orleans, and pardoned by the president of the United States—they boasted of it; and, in thirty days from the time of their liberation, were at their old trade, with a resolution to murder all their prisoners—but instead of this, they were so humane as to put their prisoners ashore on a low sand key, to perish for want of water or to be swept away by the sea."
About this time a large barge was taken by the gunboat Revenge, under Lieutenant G. W. Hamersly, at some point in the West Indies, not specified, probably near the Balize. She was evidently fitted for piratical purposes, a fact which was substantiated by her desertion by her crew."
On March 22, we have a record that the sloop Jay, Thompson, of New York, was boarded near Neuvitas and robbed of her whole cargo. Fortunately, however, the vessel and crew were saved."
About this time the Cuban authorities were aroused to the necessity of putting a stop to the depredations on foreign shipping from a base on Cuban soil, for we read that a descent was made by them upon the Cape Antonio gang, in which a number of the latter were killed and wounded. The captain and lieutenant of one gang, being seized, were tried, convicted, and shot. Another raid resulted in the killing of six pirates and the taking of 15 prisoners. It appears that some goods from a Boston schooner led to the inculpation of five persons who were sent to prison. They are stated to have been young men of good appearance and residents of Havana. This last remark is proof, if proof were needed, that piracy was encouraged by even respectable people in that island.
The instance spoken of is among the very few in which Spanish officials attempted to suppress piracy. There can be no doubt that too many of those gentlemen were directly or indirectly interested in its successful prosecution.
The next reference, although textually quoted, doubtless refers to our revenue marine: "April 8, 1822.—Two of the U. S. cutters captured a piratical schooner called the Pilot, after an action of 15 minutes."
On April 29, the Alligator, under command of Lieutenant W. W. McKean, captured the Columbian privateer schooner Ciencqa of five guns and 30 men, and sent her for adjudication to the United States."
Among the duties which fell to Captain Biddle, now in command of the West Indian squadron, was that of securing the cooperation of the local authorities in the suppression of piracy. For this purpose, he proceeded to Havana on the 30th of April, and addressed the following letter to the governor and captain general:
U. S. Frigate: "Macedonian," Havana,
April 30, 1822.
Sir:
I have the honor to represent, that the commercial relations between the United States and Cuba are already very considerable, and that they would unquestionably be more considerable if rendered more secure from unlawful depredations. As these relations, too, are mutually beneficial, it is important to both parties that they should be effectually protected. For this object, the Government of the United States, on its part, has employed an adequate naval force, which is placed under my direction and control. But as the depredations have been committed chiefly in open boats, immediately upon the coast and off the harbors, it is important that we should have your excellency's co-operation. I have therefore the honor to propose that your excellency should so far co-operate with me as to sanction the landing, upon the coast of Cuba, of our boats and men, when in pursuit of pirates. This measure would be promotive of our common benefit, is indispensable to the entire suppression of piracy, and is not intended in any manner to infringe upon the territorial rights of your excellency. It will operate against those only whose atrocious crimes render them obnoxious to every regular Government, and should place them without the protection of all law.
I have the honor to be, with great consideration and respect,
Your excellency's most obedient and very humble servant,
James Biddle.
His Excellency Don Nicholas Mahy,
Captain General and Governor of Cuba, Havana."
To the above, the captain general sent a reply, of which the following is a translation:
Havana, May 2, 1822.
I am too sensible of the importance of the commercial relations which exist, and may continue, between the ports of this island and those of the United States, which I am desirous of cultivating, not to have adopted measures to put a stop to depredations which might obstruct them along the extensive coasts of this island under my jurisdiction. I repeat, that such measures have been adopted, and have been made public, and, with the zealous co-operation with which you inform me you are charged, we shall doubtless effect shortly a happy extermination of those enemies who, under all colors, have laid waste and committed robberies, both upon the high seas and every coast, without respecting any flag.
With respect to the permission you solicit for landing upon this coast with troops and people in boats, for the purpose of pursuing those pirates. I cannot and must not consent to it. I repeat, that the necessary measures have been adopted to defend my territorial jurisdiction, and for the apprehension of every description of outlaws.
All which I communicate in answer to your official letter of yesterday.
God preserve you many years.
Nicholas Mahy
Captain General of the Island of Cuba.
James Biddle, Esq., commanding U. S. ship Macedonians
That the protection of the Spanish authorities was of little avail may be known from the fact that Captain Thomas Brownell, of the brig Marcia, from Providence, R. I., beat off, in Havana harbor, under the very nose of the captain general, boats which tried to board his vessel on the 30th of April. This must have been immediately prior to the arrival in that port of Captain Biddle on board of the Macedonian. One wonders why this fact was not made use of by Captain Biddle in his official communication addressed to that distinguished officer.
The chartered schooner Jane was placed under the command of Lieutenant R. F. Stockton, with 60 men from the Alligator and the Grampus. In the neighborhood of Sugar Key, on the 1st of May, Stockton seized three schooners, one of them armed with two guns, which was boarded and burnt by Acting Sailing Master Barney. The second, with a full cargo taken from the English brig Cherub, was released. The third was chased on shore, the pirates escaping."
Contemporaneous newspapers quote from the log-book of the Belvidera:
"2d May, spoke the U. S. schooner Alligator, Lieut. Stockton, off Sugar Key (Cuba); was informed that they had burnt one schooner and taken another, and a sloop, from the pirates, besides an English brig, the captain and mate of which the freebooters hanged. The Alligator has also retaken the Colombian schooner Senega from the crew, who had mutinied and run away with her." When the Belvidera parted with the Alligator, captain Stockton was in-shore with 70 men from the Grampus and Alligator, on board of a schooner of an easy draft of water, and they were exchanging shots with a piratical schooner manned by 70 men. From her position it was considered doubtful whether the pirate could be carried. The famous Lafitte was among them. Captain Stockton had taken no prisoners…This shows that our officers and seamen are very active—but it proves, also, that they must have the sanction of government to enter the country in pursuit of the miscreants."
The newspaper account of the above-mentioned incident is interesting in itself and supplies some details not contained in the official report. It will be noticed that the Columbian privateer is herein called "Cienega":
The U. S. schooner Alligator, Lieut. Com. Stockton, has arrived at Charleston from an active cruise in the West India seas, especially on the coast of Cuba, after pirates. Lieut. S. recovered several vessels from the possession of these wretches, and rescued some prisoners from their murderous hands, but made no prisoners—the pirates keeping close to the shore, and always being on the alert to escape.
The account of the cruise of this vessel, (for a while in company with the U. S. schooner Grampus, Lieut. Com. Gregory) is highly interesting—but we have not room to give it now. There is no sort of doubt but that the pirates are encouraged and protected by certain of the authorities in Cuba, especially by the governor of Holguin, with whom a correspondence was held which will probably be published. Plundered goods were publicly brought in and sold at Xibara, and Lieut. Stockton was hardly restrained, by his positive instructions, from settling the account with the commandant and people of that place.
It appears that the famous Lafitte is at the head of some of those parties—that their business is increasing—that they often murder whole crews, and that some strong act of justice, after the manner of Jackson must be committed to suppress these dreadful villanies, to which there seem to be parties throughout the island of Cuba.
The Alligator has brought in two prizes, one the Colombian privateer schr. called the Cienega, mounting 1 long 12 and 4 carronades, the crew of which had mutinied at Ragged Island, and was taken by the A. off Neuvitas, without any commission on board; the other a sloop, found in the neighborhood of the pirates at sea, with only a dog on board, and marks of blood on her deck.
The correspondence of Captain Biddle at this time indicates the inefficiency of the measures referred to by the captain general of Cuba in his reply, under date of May 2, to Biddle's official communication.
United States Frigate "Macedonian,"
Havana, May 6, 1822.
Sir:
…On the 29th I had an interview with the Captain General relative to the business with which I am charged by Mr. Adams, the Secretary of State. On the 30th I addressed a communication to him upon the subject of landing our boats and men upon the Coast of Cuba, when in pursuit of pirates. I enclose a copy of my communication, as also of the Captain General's answer; and you will perceive he declines acceding to the proposition I made to him. I think it preferable to pursue one object at a time with the government here, and I shall therefore drop this subject for the present, renewing it when my correspondence in regard to the Florida documents is terminated. He certainly ought, and perhaps will, consent to our landing upon those parts of the Coast that are uninhabited and where, tho' within his jurisdiction, he is utterly incapable of exercising any authority. There are many such places on the coast of this island.
The measures adopted by the Captain General, and to which he refers in his letter to me, consist simply of a proclamation in March last establishing certain regulations with respect to the clearances of coasting vessels, launches and other boats. These regulations, I understand, are not strictly enforced, and even if they were, they are altogether insufficient for the suppression of piracy along the extensive coast of Cuba. As the proclamation has been published in the American Newspapers, I do not think it necessary to send you a copy.
I have the honor to be.
Very respectfully,
Your most obedient St.
James Biddle.
Hon. Smith Thompson,
Secretary of the Navy.
Salt Key, or Cay Sal, some no miles east-northeast of Havana, about this time was obtaining a questionable notoriety, for, on May 15, the brig Aurilla from Baltimore to New Orleans, was plundered in this locality, and her people maltreated. Also, the brigs Busy, of Warren, Fair Trade, of Boston, and Hiram, of Newport, arriving at Havana on May 18, reported that they had all been captured on the 15th instant off Salt Key by two piratical schooners, receiving the same treatment as the brig Aurilla, besides having two men impressed out of the Busy!
In June, the schooner Shark, Lieutenant M. C. Perry, accompanied by the Grampus, Lieutenant F. H. Gregory, captured the pirate ship Bandara D'Sangare and a schooner. Three prisoners were taken and the vessels were sent to the United States.
An interesting side light on the intimate relations which existed between the pirates and the people on shore is found in the "Atrocities of the Pirates," in which Aaron Smith relates his experiences when forcibly detained by a Cuban pirate in 1822, and made to serve as navigator. His story amply justifies the title of his memoir. The following are a few extracts:
At two o'clock in the afternoon, I perceived a number of boats and canoes pulling towards the corsair; and the Captain told me that he expected a great deal of company from the shore, and, among others, two or three magistrates and their families, and some priests, observing also that I should see several pretty Spanish girls. I remarked, that I wondered he was not afraid of the magistrates. He laughed, and said I did not know the Spanish character. Presents of coffee and other little things, said he, will always ensure their friendship; and from them I receive intelligence of all that occurs at the Havannah, and know every hostile measure time enough to guard against it. Two magistrates, a priest, and several ladies and gentlemen now came on board, and were received in great pomp by the captain, whom they congratulated on his success.
Can it be a matter of surprise that these miscreants have committed their lawless depredations for so long a time, and with such impunity, when the very men whose duty it was to extirpate them, were daily encouraging them; when the pirate could boast that the magistrate was his friend, and receive, in the face of all the laws of his country, and of nations, such proofs of his friendship, as to be enabled to thwart all hostile measures adopted against him? European nations may send out their crusades against them; but while the execution of the laws is placed in such hands; while the pirates plunder, and the magistrates and his myrmidons share; all their efforts will be vain; and like the Hydra, when they destroy one head, a fresh one will supply its place.
During the month of August but three captures by pirates are reported. They are:
August 9—The schooner Coquette, Souther, of Georgetown, D. C, and schooner Eugene, Coffin, of Boston, were plundered by the brig Palmyra.
The schooner Mentor, Harrison, of Philadelphia, was taken by pirates and robbed. The crew were cruelly treated. Vessel given up.
The schooner Bee, Jones, of Charleston, was taken by pirates, near St. John's, Cuba.
The details of this last case came out two years later in the trial of one of the pirates connected with it:
Trial for Piracy—Yesterday, Josef Perez, the Spaniard, a sketch of whose case we gave on Wednesday, was arraigned before the Hon. Smith Thompson, in the Circuit Court of the United States, for piracy. The prisoner had been put on his trial at a former court, but the jury not agreeing upon a verdict, were discharged; afterwards, by the Supreme Court, he was ordered to be tried by another jury, and was accordingly arraigned a second time, yesterday forenoon.
The indictment charged him with committing the crime of piracy off the Island of Cuba, in the month of August, 1822, on board the schooner called the Bee, of Charleston, Capt. Johnson. This vessel was bound from Charleston to St. Jean de Remedie, and when within a few miles of her destined port, was brought to by a piratical schooner, boarded, taken possession of, and then the pirate schooner was hauled along side of the Bee, and they commenced robbing her of her cargo. After taking the trunks, one of which contained a number of watches belonging to a passenger, wearing apparel, and such other articles of value as they could find in the cabin, they proceeded to break open the hatches and take on board of their schooner, such parts of the cargo as they pleased. They kept possession of the Bee nine days, during which time they took some of the cargo on shore and sold it. They compelled Capt. Johnson and his crew to throw the ballast out of the hold of the piratical schooner to make room to receive the cargo of the Bee, and beat him with a rope's end when he did not work to suit them. At one time they beat him with a cutlass. To frighten the cook and make him disclose something relative to the property on board the Bee, Perez was in the act of cutting the peak halyards to hang him up, but was ordered to desist by one of their crew. At length they concluded to set captain Johnson, the passenger, and his crew, all except a man by the name of Debow, adrift in an old leaky boat which they had taken from some fishermen on shore, and burn the schooner Bee, which they did. After being thus exposed for five days, in an open boat, with one whole and one broken oar, they reached Matanzas where they separated, and Porter, one of the crew, went to Nassau, (New Providence), where he saw Debow and three of the piratical crew who had robbed them, prisoners, on board the British sloop of war Tyne. From Nassau he came to New York. As he was walking up Broadway, the very day he landed, he met the prisoner and instantly recognized him, seized him & immediately took him to the Police office to make good his charges against him. On the statement he was fully committed for trial. In the meantime Capt. Johnson arrived, and both he and Porter appeared before the Court and Jury, and gave such a consistent and convincing account of the prisoner's guilt, in being concerned in the crime of Piracy on board the Bee, that, after many hours spent in the investigation of facts, the jury, to whom the cause was committed at half past 9 P.M. returned in less than an hour, with a verdict of Guilty.
Perez was promptly sentenced to be hanged, but as promptly released from confinement and encouraged to continue his dirty work. "The President of the United States has, according to custom, granted a pardon to Jose Perez."
The capture on the 16th of August of the piratical brig Palmyra, formerly the Pancheta, nine guns, 83 men, is especially worthy of note for certain consequences that followed her seizure. After a short action, she surrendered, having lost one man killed and six wounded. She was sent to Charleston. The following is the official report by Lieutenant Gregory to Captain Biddle:
U. S. Schooner "Grampus," St. Thomas,
August 24, 1822.
I have the honor to acquaint you, for the information of the honorable Secretary of the Navy, that I arrived at St. Bartholomew on the 2d of August, and sailed again on the 7th, with convoy for St. Thomas. On the morning of the 9th, fell in with two Spanish cruisers of Tortola, who demanded permission, and claimed a right, to board the convoy, which being peremptorily refused, they hauled off. The same day I arrived at St. Thomas, and received from Captain John Souther, of the schooner Coquette, of Georgetown, D. C. the enclosed deposition, having been plundered by those vessels. On the 14th I left St. Thomas with two valuable vessels bound to Curagoa, and on the evening of the 15th saw an hermaphrodite brig hovering upon our weather quarter, apparently a cruiser; continued my course without regarding her; at daylight made her ahead, and gave chase; at half-past nine, having gained considerably upon her, she hoisted English colors, changed them to Spanish at ten and fired a gun to windward, and at half-past ten hove to and set a white flag at the fore. On nearing her I perceived her to be the pirate that had fired upon and plundered the Coquette, and therefore considered it my duty to arrest her. At twenty minutes past eleven the Grampus was laid under her lee, within pistol shot, and her surrender demanded as a pirate, which she affected not to understand, and answered me to that import. While repeating the demand, he poured into us a full volley from his small arms, and cannon, which was instantly returned, and continued three minutes and a half, when he struck his colors, a complete wreck, having one man killed and six wounded, and in a sinking condition. The boats were despatched instantly to their relief, and it was only owing to the great exertions of Lieutenant Voorhies that she was prevented from going down, having received three shot between wind and water, one of which injured the pumps. The Grampus received some trifling injury in her sails and rigging, but not a man hurt.
The captured vessel proved to be the notorious privateer Palmyra, formerly the Pancheta, from Porto Rico; carries one long brass 18 and eight 18 pound carronades, and a crew of eighty-eight men. They acknowledged the robbery of the Coquette, and the only excuse given by the officer, is, that they could not prevent those things happening now and then. Several of the plundered articles were found on board.