importance in the present crisis. I tender my services to defend it; and the only reward I ask is that a stop be put to the proscription against me and my adherents, by an act of oblivion, for all that has been done hitherto. I am the stray sheep wishing to return to the fold. If you are thoroughly acquainted with the nature of my offences, I should appear to you much less guilty, and still worthy to discharge the duties of a good citizen. I have never sailed under any flag but that of the republic of Carthagena, and my vessels are perfectly regular in that respect. If I could have brought my lawful prizes into the ports of this state, I should not have employed the illicit means that have caused me to be proscribed. I decline saying more on the subject, until I have the honor of your excellency’s answer, which I am persuaded can be dictated only by wisdom. Should your answer not be favorable to my ardent desires, I declare to you that I will instantly leave the country, to avoid the imputation of having cooperated towards an invasion on this point, which cannot fail to take place, and to rest secure in the acquittal of my conscience.
I have the honor to be
your excellency’s, &c.
J. LAFITTE.
The contents of these letters do honor to Lafitte’s judgment, and evince his sincere attachment to the American cause. On the receipt of this packet from Lafitte, Mr. Blanque immediately laid its contents before the governor, who convened the committee of defence lately formed of which he was president; and Mr. Rancher the bearer of Lafitte’s packet, was sent back with a verbal answer to desire Lafitte to take no steps until it should be determined what was expedient to be done; the message also contained an assurance that, in the meantime no steps should be taken against him for his past offences against the laws of the United States.
At the expiration of the time agreed on with Captain Lockyer, his ship appeared again on the coast with two others, and continued standing off and on before the pass for several days. But he pretended not to perceive the return of the sloop of war, who tired of waiting to no purpose put out to sea and disappeared.
Lafitte having received a guarantee from General Jackson for his safe passage from Barrataria to New Orleans and back, he proceeded forthwith to the city where he had an interview with Gov. Claiborne and the General. After the usual formalities and courtesies had taken place between these gentlemen, Lafitte addressed the Governor of Louisiana nearly as follows. I have offered to defend for you that part of Louisiana I now hold. But not as an outlaw, would I be its defender. In that confidence, with which you have inspired me, I offer to restore to the state many citizens, now under my command. As I have remarked before, the point I occupy is of great importance in the present crisis. I tender not only my own services to defend it, but those of all I command; and the only reward I ask, is, that a stop be put to the proscription against me and my adherents, by an act of oblivion for all that has been done hitherto.
“My dear sir,” said the Governor, who together with General Jackson, was impressed with admiration of his sentiments, “your praiseworthy wishes shall be laid before the council of the state, and I will confer with my August friend here present, upon this important affair, and send you an answer to-morrow.” At Lafitte withdrew, the General said farewell; when we meet again, I trust it will be in the ranks of the American army. The result of the conference was the issuing the following order.
[Illustration: _Interview between Lafitte, General Jackson, and Governor Claiborne._]
The Governor of Louisiana, informed that many individuals implicated in the offences heretofore committed against the United States at Barrataria, express a willingness at the present crisis to enroll themselves and march against the enemy.
He does hereby invite them to join the standard of the United States and is authorised to say, should their conduct in the field meet the approbation of the Major General, that that officer will unite with the governor in a request to the president of the United States, to extend to each and every individual, so marching and acting, a free and full pardon. These general orders were placed in the hands of Lafitte, who circulated them among his dispersed followers, most of whom readily embraced the conditions of pardon they held out. In a few days many brave men and skillful artillerists, whose services contributed greatly to the safety of the invaded state, flocked to the standard of the United States, and by their conduct, received the highest approbation of General Jackson.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
“Among the many evils produced by the wars, which, with little intermission, have afflicted Europe, and extended their ravages into other quarters of the globe, for a period exceeding twenty years, the dispersion of a considerable portion of the inhabitants of different countries, in sorrow and in want, has not been the least injurious to human happiness, nor the least severe in the trial of human virtue.
“It had been long ascertained that many foreigners, flying from the dangers of their own home, and that some citizens, forgetful of their duty, had co-operated in forming an establishment on the island of Barrataria, near the mouth of the river Mississippi, for the purpose of a clandestine and lawless trade. The government of the United States caused the establishment to be broken up and destroyed; and, having obtained the means of designating the offenders of every description, it only remained to answer the demands of justice by inflicting an exemplary punishment.
“But it has since been represented that the offenders have manifested a sincere penitence; that they have abandoned the prosecution of the worst cause for the support of the best, and, particularly, that they have exhibited, in the defence of New Orleans, unequivocal traits of courage and fidelity. Offenders, who have refused to become the associates of the enemy in the war, upon the most seducing terms of invitation; and who have aided to repel his hostile invasion of the territory of the United States, can no longer be considered as objects of punishment, but as objects of a generous forgiveness.
“It has therefore been seen, with great satisfaction, that the General Assembly of the State of Louisiana earnestly recommend those offenders to the benefit of a full pardon; And in compliance with that recommendation, as well as in consideration of all the other extraordinary circumstances in the case, I, _James Madison_, President of the United States of America, do issue this proclamation, hereby granting, publishing and declaring, a free and full pardon of all offences committed in violation of any act or acts of the Congress of the said United States, touching the revenue, trade and navigation thereof, or touching the intercourse and commerce of the United States with foreign nations, at any time before the eighth day of January, in the present year one thousand eight hundred and fifteen, by any person or persons whatsoever, being inhabitants of New Orleans and the adjacent country, or being inhabitants of the said island of Barrataria, and the places adjacent; _Provided_, that every person, claiming the benefit of this full pardon, in order to entitle himself thereto, shall produce a certificate in writing from the governor of the State of Louisiana, stating that such person has aided in the defence of New Orleans and the adjacent country, during the invasion thereof as aforesaid.
“And I do hereby further authorize and direct all suits, indictments, and prosecutions, for fines, penalties, and forfeitures, against any person or persons, who shall be entitled to the benefit of this full pardon, forthwith to be stayed, discontinued and released: All civil officers are hereby required, according to the duties of their respective stations, to carry this proclamation into immediate and faithful execution.
“Done at the City of Washington, the sixth day of February, in the year one thousand eight hundred and fifteen, and of the independence of the United States the thirty-ninth.
“By the President,
“JAMES MADISON
“JAMES MONROE,
“_Acting Secretary of State_.”
The morning of the eighth of January, was ushered in with the discharge of rockets, the sound of cannon, and the cheers of the British soldiers advancing to the attack. The Americans, behind the breastwork, awaited in calm intrepidity their approach. The enemy advanced in close column of sixty men in front, shouldering their muskets and carrying fascines and ladders. A storm of rockets preceded them, and an incessant fire opened from the battery, which commanded the advanced column. The musketry and rifles from the Kentuckians and Tennesseans, joined the fire of the artillery, and in a few moments was heard along the line a ceaseless, rolling fire, whose tremendous noise resembled the continued reverberation of thunder. One of these guns, a twenty-four pounder, placed upon the breastwork in the third embrasure from the river, drew, from the fatal skill and activity with which it was managed, even in the heat of battle, the admiration of both Americans and British; and became one of the points most dreaded by the advancing foe.
Here was stationed Lafitte and his lieutenant Dominique and a large band of his men, who during the continuance of the battle, fought with unparalleled bravery. The British already had been twice driven back in the utmost confusion, with the loss of their commander-in-chief, and two general officers.
Two other batteries were manned by the Barratarians, who served their pieces with the steadiness and precision of veteran gunners. In the first attack of the enemy, a column pushed forward between the levee and river; and so precipitate was their charge that the outposts were forced to retire, closely pressed by the enemy. Before the batteries could meet the charge, clearing the ditch, they gained the redoubt through the embrasures, leaping over the parapet, and overwhelming by their superior force the small party stationed there.
Lafitte, who was commanding in conjunction with his officers, at one of the guns, no sooner saw the bold movement of the enemy, than calling a few of his best men by his side, he sprung forward to the point of danger, and clearing the breastwork of the entrenchments, leaped, cutlass in hand, into the midst of the enemy, followed by a score of his men, who in many a hard fought battle upon his own deck, had been well tried.
Astonished at the intrepidity which could lead men to leave their entrenchments and meet them hand to hand, and pressed by the suddenness of the charge, which was made with the recklessness, skill and rapidity of practised boarders bounding upon the deck of an enemy’s vessel, they began to give way, while one after another, two British officers fell before the cutlass of the pirate, as they were bravely encouraging their men. All the energies of the British were now concentrated to scale the breastwork, which one daring officer had already mounted. While Lafitte and his followers, seconding a gallant band of volunteer riflemen, formed a phalanx which they in vain assayed to penetrate.
The British finding it impossible to take the city and the havoc in their ranks being dreadful, made a precipitate retreat, leaving the field covered with their dead and wounded.
General Jackson, in his correspondence with the secretary of war did not fail to notice the conduct of the “Corsairs of Barrataria,” who were, as we have already seen, employed in the artillery service. In the course of the campaign they proved, in an unequivocal manner, that they had been misjudged by the enemy, who a short time previous to the invasion of Louisiana, had hoped to enlist them in his cause. Many of them were killed or wounded in the defence of the country. Their zeal, their courage, and their skill, were remarked by the whole army, who could no longer consider such brave men as criminals. In a few days peace was declared between Great Britain and the United States.
The piratical establishment of Barrataria having been broken up and Lafitte not being content with leading an honest, peaceful life, procured some fast sailing vessels, and with a great number of his followers, proceeded to Galvezton Bay, in Texas, during the year 1819; where he received a commission from General Long; and had five vessels generally cruising and about 300 men. Two open boats bearing commissions from General Humbert, of Galvezton, having robbed a plantation on the Marmento river, of negroes, money, &c., were captured in the Sabine river, by the boats of the United States schooner Lynx. One of the men was hung by Lafitte, who dreaded the vengeance of the American government. The Lynx also captured one of his schooners, and her prize that had been for a length of time smuggling in the Carmento. One of his cruisers, named the Jupiter, returned safe to Galvezton after a short cruise with a valuable cargo, principally specie; she was the first vessel that sailed under the authority of Texas. The American government well knowing that where Lafitte was, piracy and smuggling would be the order of the day, sent a vessel of war to cruise in the Gulf of Mexico, and scour the coasts of Texas. Lafitte having been appointed governor of Galvezton and one of the cruisers being stationed off the port to watch his motions, it so annoyed him that he wrote the following letter to her commander, Lieutenant Madison.
_To the commandant of the American cruiser, off the port of Galvezton_.
Sir–I am convinced that you are a cruiser of the navy, ordered by your government. I have therefore deemed it proper to inquire into the cause of your living before this port without communicating your intention. I shall by this message inform you, that the port of Galvezton belongs to and is in the possession of the republic of Texas, and was made a port of entry the 9th October last. And whereas the supreme congress of said republic have thought proper to appoint me as governor of this place, in consequence of which, if you have any demands on said government, or persons belonging to or residing in the same, you will please to send an officer with such demands, whom you may be assured will be treated with the greatest politeness, and receive every satisfaction required. But if you are ordered, or should attempt to enter this port in a hostile manner, my oath and duty to the government compels me to rebut your intentions at the expense of my life.
To prove to you my intentions towards the welfare and harmony of your government I send enclosed the declaration of several prisoners, who were taken in custody yesterday, and by a court of inquiry appointed for that purpose, were found guilty of robbing the inhabitants of the United States of a number of slaves and specie. The gentlemen bearing this message will give you any reasonable information relating to this place, that may be required.
Yours, &c.
J. LAFITTE.
About this time one Mitchell, who had formerly belonged to Lafitte’s gang, collected upwards of one hundred and fifty desperadoes and fortified himself on an island near Barrataria, with several pieces of cannon; and swore that he and all his comrades would perish within their trenches before they would surrender to any man. Four of this gang having gone to New Orleans on a frolic, information was given to the city watch, and the house surrounded, when the whole four with cocked pistols in both hands sallied out and marched through the crowd which made way for them and no person dared to make an attempt to arrest them.
The United States cutter, Alabama, on her way to the station off the mouth of the Mississippi, captured a piratical schooner belonging to Lafitte; she carried two guns and twenty-five men, and was fitted out at New Orleans, and commanded by one of Lafitte’s lieutenants, named Le Fage; the schooner had a prize in company and being hailed by the cutter, poured into her a volley of musketry; the cutter then opened upon the privateer and a smart action ensued which terminated in favor of the cutter, which had four men wounded and two of them dangerously; but the pirate had six men killed; both vessels were captured and brought into the bayou St. John. An expedition was now sent to dislodge Mitchell and his comrades from the island he had taken possession of; after coming to anchor, a summons was sent for him to surrender, which was answered by a brisk cannonade from his breastwork. The vessels were warped close in shore; and the boats manned and sent on shore whilst the vessels opened upon the pirates; the boat’s crews landed under a galling fire of grape shot and formed in the most undaunted manner; and although a severe loss was sustained they entered the breastwork at the point of the bayonet; after a desperate fight the pirates gave way, many were taken prisoners but Mitchell and the greatest part escaped to the cypress swamps where it was impossible to arrest them. A large quantity of dry goods and specie together with other booty was taken. Twenty of the pirates were taken and brought to New Orleans, and tried before Judge Hall, of the Circuit Court of the United States, sixteen were brought in guilty; and after the Judge had finished pronouncing sentence of death upon the hardened wretches, several of them cried out in open court, _Murder–by God_.
Accounts of these transactions having reached Lafitte, he plainly perceived there was a determination to sweep all his cruisers from the sea; and a war of extermination appeared to be waged against him.
In a fit of desperation he procured a large and fast sailing brigantine mounting sixteen guns and having selected a crew of one hundred and sixty men he started without any commission as a regular pirate determined to rob all nations and neither to give or receive quarter. A British sloop of war which was cruising in the Gulf of Mexico, having heard that Lafitte himself was at sea, kept a sharp look out from the mast head; when one morning as an officer was sweeping the horizon with his glass he discovered a long dark looking vessel, low in the water, but having very tall masts, with sails white as the driven snow. As the sloop of war had the weather gage of the pirate and could outsail her before the wind, she set her studding sails and crowded every inch of canvass in chase; as soon as Lafitte ascertained the character of his opponent, he ordered the awnings to be furled and set his big square-sail and shot rapidly through the water; but as the breeze freshened the sloop of war came up rapidly with the pirate, who, finding no chance of escaping, determined to sell his life as dearly as possible; the guns were cast loose and the shot handed up; and a fire opened upon the ship which killed a number of men and carried away her foretopmast, but she reserved her fire until within cable’s distance of the pirate; when she fired a general discharge from her broadside, and a volley of small arms; the broadside was too much elevated to hit the low hull of the brigantine, but was not without effect; the foretopmast fell, the jaws of the main gaff were severed and a large proportion of the rigging came rattling down on deck; ten of the pirates were killed, but Lafitte remained unhurt. The sloop of war entered her men over the starboard bow and a terrific contest with pistols and cutlasses ensued; Lafitte received two wounds at this time which disabled him, a grape shot broke the bone of his right leg and he received a cut in the abdomen, but his crew fought like tigers and the deck was ankle deep with blood and gore; the captain of the boarders received such a tremendous blow on the head from the butt end of a musket, as stretched him senseless on the deck near Lafitte, who raised his dagger to stab him to the heart. But the tide of his existence was ebbing like a torrent, his brain was giddy, his aim faltered and the point descended in the Captain’s right thigh; dragging away the blade with the last convulsive energy of a death struggle, he lacerated the wound. Again the reeking steel was upheld, and Lafitte placed his left hand near the Captain’s heart, to make his aim more sure; again the dizziness of dissolution spread over his sight, down came the dagger into the captain’s left thigh and Lafitte was a corpse.
The upper deck was cleared, and the boarders rushed below on the main deck to complete their conquest. Here the slaughter was dreadful, till the pirates called out for quarter, and the carnage ceased; all the pirates that surrendered were taken to Jamaica and tried before the Admiralty court where sixteen were condemned to die, six were subsequently pardoned and ten executed.
[Illustration: _Death of Lafitte, the Pirate._]
Thus perished Lafitte, a man superior in talent, in knowledge of his profession, in courage, and moreover in physical strength; but unfortunately his reckless career was marked with crimes of the darkest dye.
[Illustration]
THE LIFE OF CAPTAIN ROBERTS.
Bartholomew Roberts was trained to a sea-faring life. Among other voyages which he made during the time that he lawfully procured his maintenance, he sailed for the Guinea cost, in November, 1719, where he was taken by the pirate Davis. He was at first very averse to that mode of life, and would certainly have deserted, had an opportunity occurred. It happened to him, however, as to many upon another element, that preferment calmed his conscience, and reconciled him to that which he formerly hated.
Davis having fallen in the manner related, those who had assumed the title of Lords assembled to deliberate concerning the choice of a new commander. There were several candidates, who, by their services, had risen to eminence among their breathren, and each of them thought themselves qualified to bear rule. One addressed the assembled lords, saying, “that the good of the whole, and the maintenance of order, demanded a head, but that the proper authority was deposited in the community at large; so that if one should be elected who did not act and govern for the general good, he could be deposed, and another be substituted in his place.”
“We are the original,” said he, “of this claim, and should a captain be so saucy as to exceed prescription at any time, why, down with him! It will be a caution, after he is dead, to his successors, to what fatal results any undue assumption may lead; however, it is my advice, while be are sober, to pitch upon a man of courage, and one skilled in navigation,–one who, by his prudence and bravery, seems best able to defend this commonwealth, and ward us from the dangers and tempests of an unstable element, and the fatal consequences of anarchy; and such a one I take Roberts to be: a fellow in all respects worthy of your esteem and favor.”
This speech was applauded by all but Lord Simpson, who had himself strong expectations of obtaining the highest command. He at last, in a surly tone, said, he did not regard whom they chose as a commander, provided he was not a papist, for he had conceived a mortal hatred to papists, because his father had been a sufferer in Monmouth’s rebellion.
Thus, though Roberts had only been a few weeks among them, his election was confirmed by the Lords and Commons. He, with the best face he could, accepted of the dignity, saying, “that since he had dipped his hands in muddy water, and must be a pirate, it was better being a commander than a private man.”
The governor being settled, and other officers chosen in the room of those who had fallen with Davis, it was resolved not to leave this place without revenging his death. Accordingly, thirty men, under the command of one Kennedy, a bold and profligate fellow, landed, and under cover of the fire of the ship, ascended the hill upon which the fort stood. They were no sooner discovered by the Portuguese, than they abandoned the fort, and took shelter in the town. The pirates then entered without opposition, set fire to the fort, and tumbled the guns into the sea.
Not satisfied with this injury, some proposed to land and set the town in flames. Roberts however, reminded them of the great danger to which this would inevitably expose them; that there was a thick wood at the back of the town, where the inhabitants could hide themselves, and that, when their all was at stake, they would make a bolder resistance: and that the burning or destroying of a few houses, would be a small return for their labor, and the loss that they might sustain. This prudent advice had the desired effect, and they contented themselves with lightening the French vessel, and battering down several houses of the town, to show their high displeasure.
Roberts sailed southward, captured a Dutch Guineaman, and, having emptied her of everything they thought proper, returned her to the commander. Two days after, he captured an English ship, and, as the men joined in pirating, emptied and burned the vessel, and then sailed for St. Thomas. Meeting with no prize, he sailed for Anamaboa, and there watered and repaired. Having again put to sea, a vote was taken whether they should sail for the East Indies or for Brazil. The latter place was decided upon, and they arrived there in twenty-eight days.
Upon this coast our rovers cruised for about nine weeks, keeping generally out of sight of land, but without seeing a sail; which discouraged them so, that they determined to leave the station, and steer for the West Indies; and, in order thereto, they stood in to make the land for the taking of their departure, by which means they fell in, unexpectedly, with a fleet of forty-two sail of Portuguese ships, off the Bay of Los Todos Santos, with all their lading in for Lisbon; several of them of good force, who lay there waiting for two men of war of seventy guns each for their convoy. However, Roberts thought it should go hard with him but he would make up his market among them, and thereupon he mixed with the fleet, and kept his men concealed till proper resolutions could be formed; that done, they came close up to one of the deepest, and ordered her to send the master on board quietly, threatening to give them no quarter, if any resistance or signal of distress was made. The Portuguese, being surprised at these threats, and the sudden flourish of cutlasses from the pirates, submitted without a word, and the captain came on board. Roberts saluted him in a friendly manner, telling him that they were gentlemen of fortune, and that their business with him was only to be informed which was the richest ship in that fleet; and if he directed them right, he should be restored to his ship without molestation, otherwise he must expect instant death.
He then pointed to a vessel of forty guns, and a hundred and fifty men; and though her strength was greatly superior to Roberts’, yet he made towards her, taking the master of the captured vessel along with him. Coming alongside of her, Roberts ordered the prisoner to ask, “How Seignior Captain did?” and to invite him on board, as he had a matter of importance to impart to him. He was answered, “That he would wait upon him presently.” Roberts, however, observing more than ordinary bustle on board, at once concluded they were discovered, and pouring a broadside into her, they immediately boarded, grappled, and took her. She was a very rich prize, laden with sugar, skins, and tobacco, with four thousand moidores of gold, besides other valuable articles.
In possession of so much riches, they now became solicitous to find a safe retreat in which to spend their time in mirth and wantonness. They determined upon a place called the Devil’s Island upon the river Surinam, where they arrived in safety, and met with a kind reception from the governor and the inhabitants.
In this river they seized a sloop, which informed them that she had sailed in company with a brigantine loaded with provisions. This was welcome intelligence, as their provisions were nearly exhausted. Deeming this too important a business to trust to foreign hands, Roberts, with forty men in the sloop, gave chase to that sail. In the keenness of the moment, and trusting in his usual good fortune, Roberts supposed that he had only to take a short sail in order to bring in the vessel with her cargo; but to his sad disappointment, he pursued her during eight days, and instead of gaining, was losing way. Under these circumstances, he came to anchor, and sent off the boat to give intelligence of their distress to their companions.
In their extremity of want, they took up part of the floor of the cabin, and patched up a sort of tray with rope-yarns, to paddle on shore to get a little water to preserve their lives. When their patience was almost exhausted, the boat returned, but instead of provisions, brought the unpleasing information, that the lieutenant, one Kennedy, had run off with both the ships.
The misfortune and misery of Roberts were greatly aggravated by reflecting upon his own imprudence and want of foresight, as well as from the baseness of Kennedy and his crew. Impelled by the necessity of his situation, he now began to reflect upon the means he should employ for future support. Under the foolish supposition that any laws, oaths or regulations, could bind those who had bidden open defiance to all divine and human laws, he proceeded to form a code of regulations for the maintenance of order and unity in his little commonwealth.
But present necessity compelled them to action, and with their small sloop they sailed for the West Indies. They were not long before they captured two sloops, which supplied them with provisions, and a few days after, a brigantine, and then proceeded to Barbadoes. When off that island they met a vessel of ten guns, richly laden from Bristol; after plundering, and detaining her three days, they allowed her to prosecute her voyage. This vessel, however, informed the governor of what had befallen them, who sent a vessel of twenty guns and eighty men in quest of the pirates.
That vessel was commanded by one Rogers, who, on the second day of his cruise, discovered Roberts. Ignorant of any vessel being sent after them, they made towards each other. Roberts gave him a gun but instead of striking, the other returned a broadside, with three huzzas. A severe engagement ensued, and Roberts being hard put to it, lightened his vessel and ran off.
Roberts then sailed for the Island of Dominica, where he watered, and was supplied by the inhabitants with provisions, for which he gave them goods in return. Here he met with fifteen Englishmen left upon the island by a Frenchman who had made a prize of their vessel; and they, entering into his service, proved a seasonable addition to his strength.
Though he did not think this a proper place for cleaning, yet as it was absolutely necessary that it should be done, he directed his course to the Granada islands for that purpose. This, however, had well nigh proved fatal to him; for the Governor of Martinique fitted out two sloops to go in quest of the pirates. They, however, sailed to the above-mentioned place, cleaned with unusual despatch, and just left that place the night before the sloops in pursuit of them arrived.
They next sailed for Newfoundland, arriving upon the banks in June, 1720, and entered the harbor of Trepassi, with their black colors flying, drums beating, and trumpets sounding. In that harbor there were no less than twenty-two ships, which the men abandoned upon the sight of the pirates. It is impossible to describe the injury which they did at this place, by burning or sinking the ships, destroying the plantations, and pillaging the houses. Power in the hands of mean and ignorant men renders them wanton, insolent and cruel. They are literally like madmen, who cast firebrands, arrows and death, and say, “Are not we in sport?”
Roberts reserved a Bristol galley from his depredations in the harbor, which he fitted and manned for his own service. Upon the banks he met ten sail of French ships, and destroyed them all, except one of twenty-six guns, which he seized and carried off, and called her the Fortune. Then giving the Bristol galley to the Frenchman, they sailed in quest of new adventures, and soon took several prizes, and out of them increased the number of their own hands. The Samuel, one of these, was a very rich vessel, having some respectable passengers on board, who were roughly used, and threatened with death if they did not deliver up their money and their goods. They stripped the vessel of every article, either necessary for their vessel or themselves, to the amount of eight or nine thousand pounds. They then deliberated whether to sink or burn the Samuel, but in the mean time they discovered a sail, so they left the empty Samuel, and gave the other chase. At midnight they overtook her, and she proved to be the Snow from Bristol; and, because he was an Englishman, they used the master in a cruel and barbarous manner. Two days after, they took the Little York of Virginia, and the Love of Liverpool, both of which they plundered and sent off. In three days they captured three other vessels, removing the goods out of them, sinking one, and sending off the other two.
They next sailed for the West Indies, but provisions growing short, proceeded to St. Christopher’s, where, being denied provisions by the governor, they fired on the town, and burnt two ships in the roads. They then repaired to the island of St. Bartholomew, where the governor supplied them with every necessary, and caressed them in the kindest manner. Satiated with indulgence, and having taken in a large stock of everything necessary, they unanimously voted to hasten to the coast of Guinea. In their way they took a Frenchman, and as she was fitter for the pirate service than their own, they informed the captain, that, as “a fair exchange was no robbery,” they would exchange sloops with him; accordingly, having shifted their men, they set sail. However, going by mistake out of the track of the trade winds, they were under the necessity of returning to the West Indies.
They now directed their course to Surinam but not having sufficient water for the voyage they were soon reduced to a mouthful of water in the day; their numbers daily diminished by thirst and famine and the few who survived were reduced to the greatest weakness. They at last had not one drop of water or any other liquid, when, to their inexpressible joy, they anchored in seven fathoms of water. This tended to revive exhausted nature and inspire them with new vigour, though as yet they had received no relief. In the morning they discovered land, but at such a distance that their hopes were greatly dampened. The boat was however sent off, and at night returned with plenty of that necessary element. But this remarkable deliverance produced no reformation in the manners of these unfeeling and obdurate men.
Steering their course from that place to Barbadoes, in their way they met with a vessel which supplied them with all necessaries. Not long after, they captured a brigantine, the mate of which joined their association. Having from these two obtained a large supply, they changed their course and watered at Tobago. Informed, however, that there were two vessels sent in pursuit of them, they went to return their compliments to the Governor of Martinique for this kindness.
It was the custom of the Dutch interlopers, when they approached this island to trade with the inhabitants, to hoist their jacks. Roberts knew the signal, and did so likewise. They, supposing that a good market was near, strove who could first reach Roberts. Determined to do them all possible mischief he destroyed them one by one as they came into his power. He only reserved one ship to send the men on shore, and burnt the remainder, to the number of twenty.
Roberts and his crew were so fortunate as to capture several vessels and to render their liquor so plentiful, that it was esteemed a crime against Providence not to be continually drunk. One man, remarkable for his sobriety, along with two others, found an opportunity to set off without taking leave of their friends. But a despatch being sent after them, they were brought back, and in a formal manner tried and sentenced, but one of them was saved by the humorous interference of one of the judges, whose speech was truly worthy of a pirate–while the other two suffered the punishment of death.
[Illustration: _Captain Roberts’ Crew carousing at Old Calabar River._]
When necessity again compelled them, they renewed their cruising; and, dissatisfied with capturing vessels which only afforded them a temporary supply, directed their course to the Guinea coast to forage for gold. Intoxication rendered them unruly, and the brigantine at last embraced the cover of night to abandon the commodore. Unconcerned at the loss of his companion, Roberts pursued his voyage. He fell in with two French ships, the one of ten guns and sixty-five men, and the other of sixteen guns and seventy-five men. These dastards no sooner beheld the black flag than they surrendered. With these they went to Sierra Leone, constituting one of them a consort, by the name of the Ranger, and the other a store-ship. This port being frequented by the greater part of the traders to that quarter, they remained here six weeks, enjoying themselves in all the splendor and luxury of a piratical life.
After this they renewed their voyage, and having captured a vessel, the greater part of the men united their fortunes with the pirates. On board of one of the ships was a clergyman, whom some of them proposed taking along with them, for no other reason than that they had not a chaplain on board. They endeavored to gain his consent, and assured him that he should want for nothing, and his only work would be, to make punch and say prayers. Depraved, however, as these men were, they did not choose to constrain him to go, but displayed their civility further, by permitting him to carry along with him whatever he called his own. After several cruises, they now went into a convenient harbor at Old Calabar, where they cleaned, refitted, divided their booty, and for a considerable time caroused, to banish care and sober reflection.
According to their usual custom, the time of festivity and mirth was prolonged until the want of means recalled them to reason and exertion. Leaving this port, they cruised from place to place with varied success; but in all their captures, either burning, sinking, or devoting their prizes to their own use, according to the whim of the moment. The Swallow and another man-of-war being sent out expressly to pursue and take Roberts and his fleet, he had frequent and certain intelligence of their destination; but having so often escaped their vigilance, he became rather too secure and fearless. It happened, however, that while he lay off Cape Lopez, the Swallow had information of his being in that place, and made towards him. Upon the appearance of a sail, one of Roberts’ ships was sent to chase and take her. The pilot of the Swallow seeing her coming, manoeouvred his vessel so well, that though he fled at her approach, in order to draw her out of the reach of her associates, yet he at his own time allowed her to overtake the man-of-war.
Upon her coming up to the Swallow, the pirate hoisted the black flag, and fired upon her; but how greatly were her crew astonished, when they saw that they had to contend with a man-of-war, and seeing that all resistance was vain, they cried out for quarter, which was granted, and they were made prisoners, having ten men killed and twenty wounded, without the loss or hurt of one of the king’s men.
On the 10th, in the morning, the man-of-war bore away to round the cape. Roberts’ crew, discerning their masts over the land, went down into the cabin to acquaint him of it, he being then at breakfast with his new guest, captain Hill, on a savoury dish of salmagundy and some of his own beer. He took no notice of it, and his men almost as little, some saying she was a Portuguese ship, others a French slave ship, but the major part swore it was the French Ranger returning; and they were merrily debating for some time on the manner of reception, whether they should salute her or not; but as the Swallow approached nearer, things appeared plainer; and though they who showed any apprehension of danger were stigmatized with the name of cowards, yet some of them, now undeceived, declared it to Roberts, especially one Armstrong, who had deserted from that ship, and knew her well. These Roberts swore at as cowards, who meant to dishearten the men, asking them, if it were so, whether they were afraid to fight or not? In short, he hardly refrained from blows. What his own apprehensions were, till she hauled up her ports and hoisted her proper colors, is uncertain; but then, being perfectly convinced, he slipped his cable, got under sail, ordered his men to arms without any show of timidity, dropping a first-rate oath, that it was a bite, but at the same time resolved, like a gallant rogue, to get clear or die.
There was one Armstrong, as was just mentioned, a deserter from the Swallow, of whom they enquired concerning the trim and sailing of that ship; he told them she sailed best upon the wind, and therefore, if they designed to leave her, they should go before it.
The danger was imminent, and the time very short, to consult about means to extricate himself; his resolution in this strait was as follows: to pass close to the Swallow with all their sails, and receive her broadside before they returned a shot; if disabled by this, or if they could not depend on sailing, then to run on shore at the point, and every one to shift for himself among the negroes; or failing these, to board, and blow up together, for he saw that the greatest part of his men were drunk, passively courageous, and unfit for service.
Roberts, himself, made a gallant figure at the time of the engagement, being dressed in a rich crimson damask waistcoat and breeches, a red feather in his hat, a gold chain round his neck, with a diamond cross hanging to it, a sword in his hand, and two pair of pistols hanging at the end of a silk sling flung over his shoulders, according to the custom of the pirates. He is said to have given his orders with boldness and spirit. Coming, according to what he had purposed, close to the man-of-war, he received her fire, and then hoisted his black flag and returned it, shooting away from her with all the sail he could pack; and had he taken Armstrong’s advice to have gone before the wind, he had probably escaped; but keeping his tacks down, either by the wind’s shifting, or ill steerage, or both, he was taken aback with his sails, and the Swallow came a second time very nigh to him. He had now, perhaps, finished the fight very desperately, if death, who took a swift passage in a grape shot, had not interposed, and struck him directly on the throat. He settled himself on the tackles of a gun; which one Stephenson, from the helm, observing, ran to his assistance, and not perceiving him wounded, swore at him, and bade him stand up and fight like a man; but when he found his mistake, and that his captain was certainly dead, he burst into tears, and wished the next shot might be his portion. They presently threw him overboard, with his arms and ornaments on, according to his repeated request in his life-time.
This extraordinary man and daring pirate was tall, of a dark complexion, about 40 years of age, and born in Pembrokeshire. His parents were honest and respectable, and his natural activity, courage, and invention, were superior to his education. At a very early period, he, in drinking, would imprecate vengeance upon “the head of him who ever lived to wear a halter.” He went willingly into the pirate service, and served three years as a second man. It was not for want of employment, but from a roving, wild, and boisterous turn of mind. It was his usual declaration, that, “In an honest service, there are commonly low wages and hard labor; in this,–plenty, satiety, pleasure and ease, liberty, and power; and who would not balance creditor on this side, when all the hazard that is run for it at worst, is only a sour look or two at choking? No,–a merry life and a short one, shall be my motto!” But it was one favorable trait in his character, that he never forced any man into the pirate service.
The prisoners were strictly guarded while on board, and being conveyed to Cape Coast castle, they underwent a long and solemn trial. The generality of them remained daring and impenitent for some time, but when they found themselves confined within a castle, and their fate drawing near, they changed their course, and became serious, penitent, and fervent in their devotions. Though the judges found no small difficulty in explaining the law, and different acts of parliament, yet the facts were so numerous and flagrant which were proved against them, that there was no difficulty in bringing in a verdict of guilty.
THE LIFE OF CHARLES GIBBS.
_Containing an Account of his Atrocities committed in the West Indies_.
This atrocious and cruel pirate, when very young became addicted to vices uncommon in youths of his age, and so far from the gentle reproof and friendly admonition, or the more severe chastisement of a fond parent, having its intended effect, it seemed to render him still worse, and to incline him to repay those whom he ought to have esteemed as his best friends and who had manifested so much regard for his welfare, with ingratitude and neglect. His infamous career and ignominious death on the gallows; brought down the “grey hairs of his parents in sorrow to the grave.” The poignant affliction which the infamous crimes of children bring upon their relatives ought to be one of the most effective persuasions for them to refrain from vice.
Charles Gibbs was born in the state of Rhode Island, in 1794; his parents and connexions were of the first respectability. When at school, he was very apt to learn, but so refractory and sulky, that neither the birch nor good counsel made any impression on him, and he was expelled from the school.
He was now made to labor on a farm; but having a great antipathy to work, when about fifteen years of age, feeling a great inclination to roam, and like too many unreflecting youths of that age, a great fondness for the sea, he in opposition to the friendly counsel of his parents, privately left them and entered on board the United States sloop-of-war, Hornet, and was in the action when she captured the British sloop-of-war Peacock, off the coast of Pernambuco. Upon the return of the Hornet to the United States, her brave commander, Capt. Lawrence, was promoted for his gallantry to the command of the unfortunate Chesapeake, and to which he was followed by young Gibbs, who took a very distinguished part in the engagement with the Shannon, which resulted in the death of Lawrence and the capture of the Chesapeake. Gibbs states that while on board the Chesapeake the crew previous to the action, were almost in a state of mutiny, growing out of the non payment of the prize money, and that the address of Capt. Lawrence was received by them with coldness and murmurs.
After the engagement, Gibbs became with the survivors of the crew a prisoner of war, and as such was confined in Dartmoor prison until exchanged.
After his exchange, he returned to Boston, where having determined to abandon the sea, he applied to his friends in Rhode Island, to assist him in commencing business; they accordingly lent him one thousand dollars as a capital to begin with. He opened a grocery in Ann Street, near what was then called the _Tin Pot_, a place full of abandoned women and dissolute fellows. As he dealt chiefly in liquor, and had a “_License to retail Spirits_,” his drunkery was thronged with customers. But he sold his groceries chiefly to loose girls who paid him in their coin, which, although it answered his purpose, would neither buy him goods or pay his rent, and he found his stock rapidly dwindling away without his receiving any cash to replenish it. By dissipation and inattention his new business proved unsuccessful to him. He resolved to abandon it and again try the sea for a subsistence. With a hundred dollars in his pocket, the remnant of his property, he embarked in the ship John, for Buenos Ayres, and his means being exhausted soon after his arrival there, he entered on board a Buenos Ayrean privateer and sailed on a cruise. A quarrel between the officers and crew in regard to the division of prize money, led eventually to a mutiny; and the mutineers gained the ascendancy, took possession of the vessel, landed the crew on the coast of Florida, and steered for the West Indies, with hearts resolved to make their fortunes at all hazards, and where in a short time, more than twenty vessels were captured by them and nearly _Four Hundred Human Beings Murdered_!
Havana was the resort of these pirates to dispose of their plunder; and Gibbs sauntered about this place with impunity and was acquainted in all the out of the way and bye places of that hot bed of pirates the Regla. He and his comrades even lodged in the very houses with many of the American officers who were sent out to take them. He was acquainted with many of the officers and was apprised of all their intended movements before they left the harbor. On one occasion, the American ship Caroline, was captured by two of their piratical vessels off Cape Antonio. They were busily engaged in landing the cargo, when the British sloop-of-war, Jearus, hove in sight and sent her barges to attack them. The pirates defended themselves for some time behind a small four gun battery which they had erected, but in the end were forced to abandon their own vessel and the prize and fly to the mountains for safety. The Jearus found here twelve vessels burnt to the water’s edge, and it was satisfactorily ascertained that their crews, amounting to _one hundred and fifty persons had been murdered_. The crews, if it was thought not necessary otherways to dispose of them were sent adrift in their boats, and frequently without any thing on which they could subsist a single day; nor were all so fortunate thus to escape. “Dead men can tell no tales,” was a common saying among them; and as soon as a ship’s crew were taken, a short consultation was held; and if it was the opinion of a majority that it would be better to take life than to spare it, a single nod or wink from the captain was sufficient; regardless of age or sex, all entreaties for mercy were then made in vain; they possessed not the tender feelings, to be operated upon by the shrieks and expiring groans of the devoted victims! there was a strife among them, who with his own hands could despatch the greatest number, and in the shortest period of time.
Without any other motives than to gratify their hellish propensities (in their intoxicated moments), blood was not unfrequently and unnecessarily shed, and many widows and orphans probably made, when the lives of the unfortunate victims might have been spared, and without the most distant prospect of any evil consequences (as regarded themselves), resulting therefrom.
Gibbs states that sometime in the course of the year 1819, he left Havana and came to the United States, bringing with him about $30,000. He passed several weeks in the city of New York, and then went to Boston, whence he took passage for Liverpool in the ship Emerald. Before he sailed, however, he has squandered a large part of his money by dissipation and gambling. He remained in Liverpool a few months, and then returned to Boston. His residence in Liverpool at that time is satisfactorily ascertained from another source besides his own confession. A female now in New York was well acquainted with him there, where, she says, he lived like a gentleman, with apparently abundant means of support. In speaking of his acquaintance with this female he says, “I fell in with a woman, who I thought was all virtue, but she deceived me, and I am sorry to say that a heart that never felt abashed at scenes of carnage and blood, was made a child of for a time by her, and I gave way to dissipation to drown the torment. How often when the fumes of liquor have subsided, have I thought of my good and affectionate parents, and of their Godlike advice! But when the little monitor began to move within me, I immediately seized the cup to hide myself from myself, and drank until the sense of intoxication was renewed. My friends advised me to behave myself like a man, and promised me their assistance, but the demon still haunted me, and I spurned their advice.”
In 1826, he revisited the United States, and hearing of the war between Brazil and the Republic of Buenos Ayres, sailed from Boston in the brig Hitty, of Portsmouth, with a determination, as he states, of trying his fortune in defence of a republican government. Upon his arrival he made himself known to Admiral Brown, and communicated his desire to join their navy. The admiral accompanied him to the Governor, and a Lieutenant’s commission being given him, he joined a ship of 34 guns, called the ‘Twenty Fifth of May.’ “Here,” says Gibbs, “I found Lieutenant Dodge, an old acquaintance, and a number of other persons with whom I had sailed. When the Governor gave me the commission he told me they wanted no cowards in their navy, to which I replied that I thought he would have no apprehension of my cowardice or skill when he became acquainted with me. He thanked me, and said he hoped he should not be deceived; upon which we drank to his health and to the success of the Republic. He then presented me with a sword, and told me to wear that as my companion through the doubtful struggle in which the republic was engaged. I told him I never would disgrace it, so long as I had a nerve in my arm. I remained on board the ship in the capacity of 5th Lieutenant, for about four months, during which time we had a number of skirmishes with the enemy. Having succeeded in gaining the confidence of Admiral Brown, he put me in command of a privateer schooner, mounting two long 24 pounders and 46 men. I sailed from Buenos Ayres, made two good cruises, and returned safely to port. I then bought one half of a new Baltimore schooner, and sailed again, but was captured seven days out, and carried into Rio Janeiro, where the Brazilians paid me my change. I remained there until peace took place, then returned to Buenos Ayres, and thence to New York.
“After the lapse of about a year, which I passed in travelling from place to place, the war between France and Algiers attracted my attention. Knowing that the French commerce presented a fine opportunity for plunder, I determined to embark for Algiers and offer my services to the Dey. I accordingly took passage from New York, in the Sally Ann, belonging to Bath, landed at Barcelona, crossed to Port Mahon, and endeavored to make my way to Algiers. The vigilance of the French fleet prevented the accomplishment of my design, and I proceeded to Tunis. There finding it unsafe to attempt a journey to Algiers across the desert, I amused myself with contemplating the ruins of Carthage, and reviving my recollections of her war with the Romans. I afterwards took passage to Marseilles, and thence to Boston.”
An instance of the most barbarous and cold blooded murder of which the wretched Gibbs gives an account in the course of his confessions, is that of an innocent and beautiful female of about 17 or 18 years of age! she was with her parents a passenger on board a Dutch ship, bound from Curracoa to Holland; there were a number of other passengers, male and female, on board, all of whom except the young lady above-mentioned were put to death; her unfortunate parents were inhumanly butchered before her eyes, and she was doomed to witness the agonies and to hear the expiring, heart-piercing groans of those whom she held most dear, and on whom she depended for protection! The life of their wretched daughter was spared for the most nefarious purposes–she was taken by the pirates to the west end of Cuba, where they had a rendezvous, with a small fort that mounted four guns–here she was confined about two months, and where, as has been said by the murderer Gibbs, “she received such treatment, the bare recollection of which causes me to shudder!” At the expiration of the two months she was taken by the pirates on board of one of their vessels, and among whom a consultation was soon after held, which resulted in the conclusion that it would be necessary for their own personal safety, to put her to death! and to her a fatal dose of poison was accordingly administered, which soon proved fatal! when her pure and immortal spirit took its flight to that God, whom, we believe, will avenge her wrongs! her lifeless body was then committed to the deep by two of the merciless wretches with as much unconcern, as if it had been that of the meanest brute! Gibbs persists in the declaration that in this horrid transaction he took no part, that such was his pity for this poor ill-fated female, that he interceded for her life so long as he could do it with safety to his own!
[Illustration: _Gibbs carrying the Dutch Girl on board his Vessel._]
Gibbs in his last visit to Boston remained there but a few days, when he took passage to New Orleans, and there entered as one of the crew on board the brig Vineyard; and for assisting in the murder of the unfortunate captain and mate of which, he was justly condemned, and the awful sentence of death passed upon him! The particulars of the bloody transaction (agreeable to the testimony of Dawes and Brownrigg, the two principal witnesses,) are as follows: The brig Vineyard, Capt. William Thornby, sailed from New Orleans about the 9th of November, for Philadelphia, with a cargo of 112 bales of cotton, 113 hhds. sugar, 54 casks of molasses and 54,000 dollars in specie. Besides the captain there were on board the brig, William Roberts, mate, six seamen shipped at New Orleans, and the cook. Robert Dawes, one of the crew, states on examination, that when, about five days out, he was told that there was money on board, Charles Gibbs, E. Church and the steward then determined to take possession of the brig. They asked James Talbot, another of the crew, to join them. He said no, as he did not believe there was money in the vessel. They concluded to kill the captain and mate, and if Talbot and John Brownrigg would not join them, to kill them also. The next night they talked of doing it, and got their clubs ready. Dawes dared not say a word, as they declared they would kill him if he did; as they did not agree about killing Talbot and Brownrigg, two shipmates, it was put off. They next concluded to kill the captain and mate on the night of November 22, but did not get ready; but, on the night of the 23d, between twelve and one o’clock, as Dawes was at the helm, saw the steward come up with a light and a knife in his hand; he dropt the light and seizing the pump break, struck the captain with it over the head or back of the neck; the captain was sent forward by the blow, and halloed, oh! and murder! once; he was then seized by Gibbs and the cook, one by the head and the other by the heels, and thrown overboard. Atwell and Church stood at the companion way, to strike down the mate when he should come up. As he came up and enquired what was the matter they struck him over the head–he ran back into the cabin, and Charles Gibbs followed him down; but as it was dark, he could not find him–Gibbs came on deck for the light, with which he returned. Dawes’ light being taken from him, he could not see to steer, and he in consequence left the helm, to see what was going on below. Gibbs found the mate and seized him, while Atwell and Church came down and struck him with a pump break and a club; he was then dragged upon deck; they called for Dawes to come to them, and as he came up the mate seized his hand, and gave him a death gripe! three of them then hove him overboard, but which three Dawes does not know; the mate when cast overboard was not dead, but called after them twice while in the water! Dawes says he was so frightened that he hardly knew what to do. They then requested him to call Talbot, who was in the forecastle, saying his prayers; he came up and said it would be his turn next! but they gave him some grog, and told him not to be afraid, as they would not hurt him; if he was true to them, he should fare as well as they did. One of those who had been engaged in the bloody deed got drunk, and another became crazy!
[Illustration: _Gibbs shooting a comrade._]
After killing the captain and mate, they set about overhauling the vessel, and got up one keg of Mexican dollars. They then divided the captain’s clothes, and money–about 40 dollars, and a gold watch. Dawes, Talbot and Brownrigg, (who were all innocent of the murder,) were obliged to do as they were commanded–the former, who was placed at the helm, was ordered to steer for Long Island. On the day following, they divided several kegs of the specie, amounting to five thousand dollars each–they made bags and sewed the money up. After this division, they divided the remainder of the money without counting it. On Sunday, when about 15 miles S.S.E. of Southampton Light, they got the boats out and put half the money in each–they then scuttled the vessel and set fire to it in the cabin, and took to the boats. Gibbs, after the murder, took charge of the vessel as captain. From the papers they learnt that the money belonged to Stephen Girard. With the boats they made the land about daylight. Dawes and his three companions were in the long boat; the others, with Atwell, were in the jolly boat–on coming to the bar the boats struck–in the long boat, they threw overboard a trunk of clothes and a great deal of money, in all about 5000 dollars–the jolly boat foundered; they saw the boat fill, and heard them cry out, and saw them clinging to the masts–they went ashore on Barron Island, and buried the money in the sand, but very lightly. Soon after they met with a gunner, whom they requested to conduct them where they could get some refreshments. They were by him conducted to Johnson’s (the only man living on the island,) where they staid all night–Dawes went to bed at about 10 o’clock–Jack Brownrigg set up with Johnson, and in the morning told Dawes that he had told Johnson all about the murder. Johnson went in the morning with the steward for the clothes, which were left on the top of the place where they buried the money, but does not believe they took away the money.
[Illustration: _Captain Thornby murdered and thrown overboard by Gibbs and the steward._]
The prisoners, (Gibbs and Wansley,) were brought to trial at the February term of the United States Court, holden in the city of New York; when the foregoing facts being satisfactorily proved, they were pronounced guilty, and on the 11th March last, the awful sentence of the law was passed upon them in the following affecting and impressive manner:–The Court opened at 11 o’clock, Judge Betts presiding. A few minutes after that hour, Mr. Hamilton, District Attorney, rose and said–May it please the Court, Thomas J. Wansley, the prisoner at the bar, having been tried by a jury of his country, and found guilty of the murder of Captain Thornby, I now move that the sentence of the Court be pronounced upon that verdict.
[Illustration: _Gibbs and Wansley burying the Money._]
_By the Court_. Thomas J. Wansley, you have heard what has been said by the District Attorney–by the Grand Jury of the South District of New York, you have been arraigned for the wilful murder of Captain Thornby, of the brig Vineyard; you have been put upon your trial, and after a patient and impartial hearing, you have been found Guilty. The public prosecutor now moves for judgment on that verdict; have you any thing to say, why the sentence of the law should not be passed upon you?
_Thomas J. Wansley_. I will say a few words, but it is perhaps of no use. I have often understood that there is a great deal of difference in respect of color, and I have seen it in this Court. Dawes and Brownrigg were as guilty as I am, and these witnesses have tried to fasten upon me greater guilt than is just, for their life has been given to them. You have taken the blacks from their own country, to bring them here to treat them ill. I have seen this. The witnesses, the jury, and the prosecuting Attorney consider me more guilty than Dawes, to condemn me–for otherwise the law must have punished him; he should have had the same verdict, for he was a perpetrator in the conspiracy. Notwithstanding my participating, they have sworn falsely for the purpose of taking my life; they would not even inform the Court, how I gave information of money being on board; they had the biggest part of the money, and have sworn falsely. I have said enough. I will say no more.
_By the Court_. The Court will wait patiently and hear all you have to say; if you have any thing further to add, proceed.
_Wansley_ then proceeded. In the first place, I was the first to ship on board the Vineyard at New Orleans, I knew nobody; I saw the money come on board. The judge that first examined me, did not take my deposition down correctly. When talking with the crew on board, said the brig was an old craft, and when we arrived at Philadelphia, we all agreed to leave her. It was mentioned to me that there was plenty of money on board. Henry Atwell said “let’s have it.” I knew no more of this for some days. Atwell came to me again and asked “what think you of taking the money.” I thought it was a joke, and paid no attention to it. The next day he said they had determined to take the brig and money, and that they were the strongest party, and would murder the officers, and he that informed should suffer with them. I knew Church in Boston, and in a joke asked him how it was made up in the ship’s company; his reply, that it was he and Dawes. There was no arms on board as was ascertained; the conspiracy was known to the whole company, and had I informed, my life would have been taken, and though I knew if I was found out my life would be taken by law, which is the same thing, so I did not inform. I have committed murder and I know I must die for it.
_By the Court_. If you wish to add any thing further you will still be heard.
_Wansley_. No sir, I believe I have said enough.
The District Attorney rose and moved for judgment on Gibbs, in the same manner as in the case of Wansley, and the Court having addressed Gibbs, in similar terms, concluded by asking what he had to say why the sentence of the law should not now be passed upon him.
_Charles Gibbs_ said, I wish to state to the Court, how far I am guilty and how far I am innocent in this transaction. When I left New Orleans, I was a stranger to all on board, except Dawes and Church. It was off Tortugas that Atwell first told me there was money on board, and proposed to me to take possession of the brig. I refused at that time. The conspiracy was talked of for some days, and at last I agreed that I would join. Brownrigg, Dawes, Church, and the whole agreed that they would. A few days after, however, having thought of the affair, I mentioned to Atwell, what a dreadful thing it was to take a man’s life, and commit piracy, and recommended him to “abolish,” their plan. Atwell and Dawes remonstrated with me; I told Atwell that if ever he would speak of the subject again, I would break his nose. Had I kept to my resolution I would not have been brought here to receive my sentence. It was three days afterwards that the murder was committed. Brownrigg agreed to call up the captain from the cabin, and this man, (pointing to Wansley,) agreed to strike the first blow. The captain was struck and I suppose killed, and I lent a hand to throw him overboard. But for the murder of the mate, of which I have been found guilty, I am innocent–I had nothing to do with that. The mate was murdered by Dawes and Church; that I am innocent of this I commit my soul to that God who will judge all flesh–who will judge all murderers and false swearers, and the wicked who deprive the innocent of his right. I have nothing more to say.
_By the Court_. Thomas J. Wansley and Charles Gibbs, the Court has listened to you patiently and attentively; and although you have said something in your own behalf, yet the Court has heard nothing to affect the deepest and most painful duty that he who presides over a public tribunal has to perform.
You, Thomas J. Wansley, conceive that a different measure of justice has been meted out to you, because of your color. Look back upon your whole course of life; think of the laws under which you have lived, and you will find that to white or black, to free or bond, there is no ground for your allegations; that they are not supported by truth or justice. Admit that Brownrigg and Dawes have sworn falsely; admit that Dawes was concerned with you; admit that Brownrigg is not innocent; admit, in relation to both, that they are guilty, the whole evidence has proved beyond a doubt that you are guilty; and your own words admit that you were an active agent in perpetrating this horrid crime. Two fellow beings who confided in you, and in their perilous voyage called in your assistance, yet you, without reason or provocation, have maliciously taken their lives.
If, peradventure, there was the slightest foundation for a doubt of your guilt, in the mind of the Court, judgment would be arrested, but there is none; and it now remains to the Court to pronounce the most painful duty that devolves upon a civil magistrate. The Court is persuaded of your guilt; it can form no other opinion. Testimony has been heard before the Court and Jury–from that we must form our opinion. We must proceed upon testimony, ascertain facts by evidence of witnesses, on which we must inquire, judge and determine as to guilt or innocence, by that evidence alone. You have been found guilty. You now stand for the last time before an earthly tribunal, and by your own acknowledgments, the sentence of the law falls just on your heads. When men in ordinary cases come under the penalty of the law there is generally some palliative–something to warm the sympathy of the Court and Jury. Men may be led astray, and under the influence of passion have acted under some long smothered resentment, suddenly awakened by the force of circumstances, depriving him of reason, and then they may take the life of a fellow being. Killing, under that kind of excitement, might possibly awaken some sympathy, but that was not your case; you had no provocation. What offence had Thornby or Roberts committed against you? They entrusted themselves with you, as able and trustworthy citizens; confiding implicitly in you; no one act of theirs, after a full examination, appears to have been offensive to you; yet for the purpose of securing the money you coolly determined to take their lives–you slept and deliberated over the act; you were tempted on, and yielded; you entered into the conspiracy, with cool and determined calculation to deprive two human beings of their lives, and it was done.
You, Charles Gibbs, have said that you are not guilty of the murder of Roberts; but were you not there, strongly instigating the murderers on, and without stretching out a hand to save him?–It is murder as much to stand by and encourage the deed, as to stab with a knife, strike with a hatchet, or shoot with a pistol. It is not only murder in law, but in your own feelings and in your own conscience. Notwithstanding all this, I cannot believe that your feelings are so callous, so wholly callous, that your own minds do not melt when you look back upon the unprovoked deeds of yourselves, and those confederated with you.
You are American citizens–this country affords means of instruction to all: your appearance and your remarks have added evidence that you are more than ordinarily intelligent; that your education has enabled you to participate in the advantages of information open to all classes. The Court will believe that when you were young you looked with strong aversion on the course of life of the wicked. In early life, in boyhood, when you heard of the conduct of men, who engaged in robbery–nay more, when you heard of cold blooded murder–how you must have shrunk from the recital. Yet now, after having participated in the advantages of education, after having arrived at full maturity, you stand here as robbers and murderers.
It is a perilous employment of life that you have followed; in this way of life the most enormous crimes that man can commit, are MURDER AND PIRACY. With what detestation would you in early life have looked upon the man who would have raised his hand against his officer, or have committed piracy! yet now you both stand here murderers and pirates, tried and found guilty–you Wansley of the murder of your Captain, and you, Gibbs, of the murder of your Mate. The evidence has convicted you of rising in mutiny against the master of the vessel, for that alone, the law is DEATH!–of murder and robbery on the high seas, for that crime, the law adjudges DEATH–of destroying the vessel and embezzling the cargo, even for scuttling and burning the vessel alone the law is DEATH; yet of all these the evidence has convicted you, and it only remains now for the Court to pass the sentence of the law. It is, that you, Thomas J. Wansley and Charles Gibbs be taken hence to the place of confinement, there to remain in close custody, that thence you be taken to the place of execution, and on the 22d April next, between the hours of 10 and 4 o’clock, you be both publicly hanged by the neck until you are DEAD–and that your bodies be given to the College of Physicians and Surgeons for dissection.
The Court added, that the only thing discretionary with it, was the time of execution; it might have ordered that you should instantly have been taken from the stand to the scaffold, but the sentence has been deferred to as distant a period as prudent–six weeks. But this time has not been granted for the purpose of giving you any hope for pardon or commutation of the sentence;–just as sure as you live till the twenty-second of April, as surely you will suffer death–therefore indulge not a hope that this sentence will be changed!
The Court then spoke of the terror in all men of death!–how they cling to life whether in youth, manhood or old age. What an awful thing it is to die! how in the perils of the sea, when rocks or storms threaten the loss of the vessel, and the lives of all on board, how the crew will labor, night and day, in the hope of escaping shipwreck and death! alluded to the tumult, bustle and confusion of battle–yet even there the hero clings to life. The Court adverted not only to the certainty of their coming doom on earth, but to THINK OF HEREAFTER–that they should seriously think and reflect of their FUTURE STATE! that they would be assisted in their devotions no doubt, by many pious men.
When the Court closed, Charles Gibbs asked, if during his imprisonment, his friends would be permitted to see him. The Court answered that that lay with the Marshal, who then said that no difficulty would exist on that score. The remarks of the Prisoners were delivered in a strong, full-toned and unwavering voice, and they both seemed perfectly resigned to the fate which inevitably awaited them. While Judge Betts was delivering his address to them, Wansley was deeply affected and shed tears–but Gibbs gazed with a steady and unwavering eye, and no sign betrayed the least emotion of his heart. After his condemnation, and during his confinement, his frame became somewhat enfeebled, his face paler, and his eyes more sunken; but the air of his bold, enterprising and desperate mind still remained. In his narrow cell, he seemed more like an object of pity than vengeance–was affable and communicative, and when he smiled, exhibited so mild and gentle a countenance, that no one would take him to be a villain. His conversation was concise and pertinent, and his style of illustration quite original.
Gibbs was married in Buenos Ayres, where he has a child now living. His wife is dead. By a singular concurrence of circumstances, the woman with whom he became acquainted in Liverpool, and who is said at that time to have borne a decent character, was lodged in the same prison with himself. During his confinement he wrote her two letters–one of them is subjoined, to gratify the perhaps innocent curiosity which is naturally felt to know the peculiarities of a man’s mind and feelings under such circumstances, and not for the purpose of intimating a belief that he was truly penitent. The reader will be surprised with the apparent readiness with which he made quotations from Scripture.
“BELLEVUE PRISON, March 20, 1831.
“It is with regret that I take my pen in hand to address you with these few lines, under the great embarrassment of my feelings placed within these gloomy walls, my body bound with chains, and under the awful sentence of death! It is enough to throw the strongest mind into gloomy prospects! but I find that Jesus Christ is sufficient to give consolation to the most despairing soul. For he saith, that he that cometh to me I will in no ways cast out. But it is impossible to describe unto you the horror of my feelings. My breast is like the tempestuous ocean, raging in its own shame, harrowing up the bottom of my soul! But I look forward to that serene calm when I shall sleep with Kings and Counsellors of the earth. There the wicked cease from troubling, and there the weary are at rest!–There the prisoners rest together–they hear not the voice of the oppressor; and I trust that there my breast will not be ruffled by the storm of sin–for the thing which I greatly feared has come upon me. I was not in safety, neither had I rest; yet trouble came. It is the Lord, let him do what seemeth to him good. When I saw you in Liverpool, and a peaceful calm wafted across both our breasts, and justice no claim upon us, little did I think to meet you in the gloomy walls of a strong prison, and the arm of justice stretched out with the sword of law, awaiting the appointed period to execute the dreadful sentence. I have had a fair prospect in the world, at last it budded, and brought forth the gallows. I am shortly to mount that scaffold, and to bid adieu to this world, and all that was ever dear to my breast. But I trust when my body is mounted on the gallows high, the heavens above will smile and pity me. I hope that you will reflect on your past, and fly to that Jesus who stands with open arms to receive you. Your character is lost, it is true. When the wicked turneth from the wickedness that they have committed, they shall save their soul alive.
“Let us imagine for a moment that we see the souls standing before the awful tribunal, and we hear its dreadful sentence, depart ye cursed into everlasting fire. Imagine you hear the awful lamentations of a soul in hell. It would be enough to melt your heart, if it was as hard as adamant. You would fall upon your knees and plead for God’s mercy, as a famished person would for food, or as a dying criminal would for a pardon. We soon, very soon, must go the way whence we shall ne’er return. Our names will be struck off the records of the living, and enrolled in the vast catalogues of the dead. But may it ne’er be numbered with the damned.–I hope it will please God to set you at your liberty, and that you may see the sins and follies of your life past. I shall now close my letter with a few words which I hope you will receive as from a dying man; and I hope that every important truth of this letter may sink deep in your heart, and be a lesson to you through life.
“Rising griefs distress my soul,
And tears on tears successive roll– For many an evil voice is near,
To chide my woes and mock my fear– And silent memory weeps alone,
O’er hours of peace and gladness known.
“I still remain your sincere friend, CHARLES GIBBS.”
In another letter which the wretched Gibbs wrote after his condemnation to one who had been his early friend, he writes as follows:–“Alas! it is now, and not until now, that I have become sensible of my wicked life, from my childhood, and the enormity of the crime, for which I must shortly suffer an ignominious death!–I would to God that I never had been born, or that I had died in my infancy!–the hour of reflection has indeed come, but come too late to prevent justice from cutting me off–my mind recoils with horror at the thoughts of the unnatural deeds of which I have been guilty!–my repose rather prevents than affords me relief, as my mind, while I slumber, is constantly disturbed by frightful dreams of my approaching awful dissolution!”
On Friday, April twenty-second, Gibbs and Wansley paid the penalty of their crimes. Both prisoners arrived at the gallows about twelve o’clock, accompanied by the marshal, his aids, and some twenty or thirty United States’ marines. Two clergymen attended them to the fatal spot, where everything being in readiness, and the ropes adjusted about their necks, the Throne of Mercy was fervently addressed in their behalf. Wansley then prayed earnestly himself, and afterwards joined in singing a hymn. These exercises concluded, Gibbs addressed the spectators nearly as follows:
MY DEAR FRIENDS,
My crimes have been heinous–and although I am now about to suffer for the murder of Mr. Roberts, I solemnly declare my innocence of the transaction. It is true, I stood by and saw the fatal deed done, and stretched not forth my arm to save him; the technicalities of the law believe me guilty of the charge–but in the presence of my God–before whom I shall be in a few minutes–I declare I did not murder him.
I have made a full and frank confession to Mr. Hopson, which probably most of my hearers present have already read; and should any of the friends of those whom I have been accessary to, or engaged in the murder of, be now present, before my Maker I beg their forgiveness–it is the only boon I ask–and as I hope for pardon through the blood of Christ, surely this request will not be withheld by man, to a worm like myself, standing as I do, on the very verge of eternity! Another moment, and I cease to exist–and could I find in my bosom room to imagine that the spectators now assembled had forgiven me, the scaffold would have no terrors, nor could the precept which my much respected friend, the marshal of the district, is about to execute. Let me then, in this public manner, return my sincere thanks to him, for his kind and gentlemanly deportment during my confinement. He was to me like a father, and his humanity to a dying man I hope will be duly appreciated by an enlightened community.
My first crime was _piracy_, for which my _life_ would pay for forfeit on conviction; no punishment could be inflicted on me further than that, and therefore I had nothing to fear but detection, for had my offences been millions of times more aggravated than they are now, _death_ must have satisfied all.
Gibbs having concluded, Wansley began. He said he might be called a pirate, a robber, and a murderer, and he was all of these, but he hoped and trusted God would, through Christ, wash away his aggravated crimes and offences, and not cast him entirely out. His feelings, he said, were so overpowered that he hardly knew how to address those about him, but he frankly admitted the justness of the sentence, and concluded by declaring that he had no hope of pardon except through the atoning blood of his Redeemer, and wished that his sad fate might teach others to shun the broad road to ruin, and travel in that of virtue, which would lead to honor and happiness in this world, and an immortal crown of glory in that to come.
He then shook hands with Gibbs, the officers, and clergymen–their caps were drawn over their faces, a handkerchief dropped by Gibbs as a signal to the executioner caused the cord to be severed, and in an instant they were suspended in air. Wansley folded his hands before him, soon died with very trifling struggles. Gibbs died hard; before he was run up, and did not again remove them, but after being near two minutes suspended, he raised his right hand and partially removed his cap, and in the course of another minute, raised the same hand to his mouth. His dress was a blue round-about jacket and trousers, with a foul anchor in white on his right arm. Wansley wore a white frock coat, trimmed with black, with trousers of the same color.
After the bodies had remained on the gallows the usual time, they were taken down and given to the surgeons for dissection.
Gibbs was rather below the middle stature, thick set and powerful. The form of Wansley was a perfect model of manly beauty.
[Illustration]
HISTORY OF THE ADVENTURES, CAPTURE AND EXECUTION OF THE SPANISH PIRATES.
In the Autumn of 1832, there was anchored in the “Man of War Grounds,” off the Havana, a clipper-built vessel of the fairest proportions; she had great length and breadth of beam, furnishing stability to bear a large surface of sail, and great depth to take hold of the water and prevent drifting; long, low in the waist, with lofty raking masts, which tapered away till they were almost too fine to be distinguished, the beautiful arrowy sharpness of her bow, and the fineness of her gradually receding quarters, showed a model capable of the greatest speed in sailing. Her low sides were painted black, with one small, narrow ribband of white. Her raking masts were clean scraped, her ropes were hauled taught, and in every point she wore the appearance of being under the control of seamanship and strict discipline. Upon going on board, one would be struck with surprise at the deception relative to the tonnage of the schooner, when viewed at a distance. Instead of a small vessel of about ninety tons, we discover that she is upwards of two hundred; that her breadth of beam is enormous; and that those spars which appeared so light and elegant, are of unexpected dimensions. In the centre of the vessel, between the fore and main masts, there is a long brass thirty-two pounder, fixed upon a carriage revolving in a circle, and so arranged that in bad weather it can be lowered down and housed; while on each side of the deck were mounted guns of smaller calibre.
This vessel was fashioned, at the will of avarice, for the aid of cruelty and injustice; it was an African slaver–the schooner Panda. She was commanded by Don Pedro Gilbert, a native of Catalonia, in Spain, and son of a grandee; a man thirty-six years of age, and exceeding handsome, having a round face, pearly teeth, round forehead, and full black eyes, with beautiful raven hair, and a great favorite with the ladies. He united great energy, coolness and decision, with superior knowledge in mercantile transactions, and the Guinea trade; having made several voyages after slaves. The mate and owner of the Panda was Don Bernardo De Soto, a native of Corunna, Spain, and son, of Isidore De Soto, manager of the royal revenue in said city; he was now twenty-five years of age, and from the time he was fourteen had cultivated the art of navigation, and at the age of twenty-two had obtained the degree of captain in the India service. After a regular examination the correspondent diploma was awarded him. He was married to Donna Petrona Pereyra, daughter of Don Benito Pereyra, a merchant of Corunna. She was at this time just fifteen, and ripening into that slight fullness of form, and roundness of limb, which in that climate mark the early passing from girl into woman. Her complexion was the dark olive tinge of Spain; her eyes jet black, large and lustrous. She had great sweetness of disposition and ingenuousness.
To the strictest discipline De Soto united the practical knowledge of a thorough seaman. But “the master spirit of the whole,” was Francisco Ruiz, the carpenter of the Panda. This individual was of the middle size, but muscular, with a short neck. His hair was black and abundant, and projected from his forehead, so that he appeared to look out from under it, like a bonnet. His eyes were dark chestnut, but always restless; his features were well defined; his eye-lashes, jet black. He was familiar with all the out-of-the-way places of the Havana, and entered into any of the dark abodes without ceremony. From report his had been a wild and lawless career. The crew were chiefly Spaniards, with a few Portuguese, South Americans, and half castes. The cook was a young Guinea negro, with a pleasant countenance, and good humored, with a sleek glossy skin, and tatooed on the face; and although entered in the schooner’s books as free, yet was a slave. In all there were about forty men. Her cargo was an assorted one, consisting in part of barrels of rum, and gunpowder, muskets, cloth, and numerous articles, with which to purchase slaves.
The Panda sailed from the Havana on the night of the 20th of August; and upon passing the Moro Castle, she was hailed, and asked, “where bound?” She replied, St. Thomas. The schooner now steered through the Bahama channel, on the usual route towards the coast of Guinea; a man was constantly kept at the mast head, on the lookout; they spoke a corvette, and on the morning of the 20th Sept., before light, and during the second mate’s watch, a brig was discovered heading to the southward. Capt. Gilbert was asleep at the time, but got up shortly after she was seen, and ordered the Panda to go about and stand for the brig. A consultation was held between the captain, mate and carpenter, when the latter proposed to board her, and if she had any specie to rob her, confine the men below, and burn her. This proposition was instantly acceded to, and a musket was fired to make her heave to.
This vessel was the American brig Mexican, Capt. Butman. She had left the pleasant harbor of Salem, Mass., on the last Wednesday of August, and was quietly pursuing her voyage towards Rio Janeiro. Nothing remarkable had happened on board, says Captain B., until half past two o’clock, in the morning of September 20th, in lat. 38, 0, N., lon. 24, 30, W. The attention of the watch on deck was forcibly arrested by the appearance of a vessel which passed across our stern about half a mile from us. At 4 A.M. saw her again passing across our bow, so near that we could perceive that it was a schooner with a fore top sail and top gallant sail. As it was somewhat dark she was soon out of sight. At daylight saw her about five miles off the weather quarter standing on the wind on the same tack we were on, the wind was light at SSW and we were standing about S.E. At 8 A.M. she was about two miles right to windward of us; could perceive a large number of men upon her deck, and one man on the fore top gallant yard looking out; was very suspicious of her, but knew not how to avoid her. Soon after saw a brig on our weather bow steering to the N.E. By this time the schooner was about three miles from us and four points forward of the beam. Expecting that she would keep on for the brig ahead of us, we tacked to the westward, keeping a little off from the wind to make good way through the water, to get clear of her if possible. She kept on to the eastward about ten or fifteen minutes after we had tacked, then wore round, set square sail, steering directly for us, came down upon us very fast, and was soon within gun shot of us, fired a gun and hoisted patriot colors and backed main topsail. She ran along to windward of us, hailed us to know where we were from, where bound, &c. then ordered me to come on board in my boat. Seeing that she was too powerful for us to resist, I accordingly went, and soon as I got along-side of the schooner, five ruffians instantly jumped into my boat, each of them being armed with a large knife, and told me to go on board the brig again; when they got on board they insisted that we had got money, and drew their knives, threatening us with instant death and demanding to know where it was. As soon as they found out where it was they obliged my crew to get it up out of the run upon deck, beating and threatening them at the same time because they did not do it quicker. When they had got it all upon deck, and hailed the schooner, they got out their launch and came and took it on board the schooner, viz: ten boxes containing twenty thousand dollars; then returned to the brig again, drove all the crew into the forecastle, ransacked the cabin, overhauling all the chests, trunks, &c. and rifled my pockets, taking my watch, and three doubloons which I had previously put there for safety; robbed the mate of his watch and two hundred dollars in specie, still insisting that there was more money in the hold. Being answered in the negative, they beat me severely over the back, said they knew that there was more, that they should search for it, and if they found any they would cut all our throats. They continued searching about in every part of the vessel for some time longer, but not finding any more specie, they took two coils of rigging, a side of leather, and some other articles, and went on board the schooner, probably to consult what to do with us; for, in eight or ten minutes they came back, apparently in great haste, shut us all below, fastened up the companion way, fore-scuttle and after hatchway, stove our compasses to pieces in the binnacles, cut away tiller-ropes, halliards, braces, and most of our running rigging, cut our sails to pieces badly; took a tub of tarred rope-yarn and what combustibles they could find about deck, put them in the caboose house and set them on fire; then left us, taking with them our boat and colors. When they got alongside of the schooner they scuttled our boat, took in their own, and made sail, steering to the eastward.
As soon as they left us, we got up out of the cabin scuttle, which they had neglected to secure, and extinguished the fire, which if it had been left a few minutes, would have caught the mainsail and set our masts on fire. Soon after we saw a ship to leeward of us steering to the S.E. the schooner being in pursuit of her did not overtake her whilst she was in sight of us.
It was doubtless their intention to burn us up altogether, but seeing the ship, and being eager for more plunder they did not stop fully to accomplish their design. She was a low strait schooner of about one hundred and fifty tons, painted black with a narrow white streak, a large head with the horn of plenty painted white, large maintopmast but no yards or sail on it. Mast raked very much, mainsail very square at the head, sails made with split cloth and all new; had two long brass twelve pounders and a large gun on a pivot amidships, and about seventy men, who appeared to be chiefly Spaniards and mulattoes.
[Illustration: _Pirates robbing the brig Mexican of Salem, Mass._]
The object of the voyage being frustrated by the loss of the specie, nothing now remained but for the Mexican to make the best of her way back to Salem, which she reached in safety. The government of the United States struck with the audacity of this piracy, despatched a cruiser in pursuit of them. After a fruitless voyage in which every exertion was made, and many places visited on the coast of Africa, where it was supposed the rascals might be lurking, the chase was abandoned as hopeless, no clue being found to their “whereabouts.”
The Panda after robbing the Mexican, pursued her course across the Atlantic, and made Cape Monte; from this she coasted south, and after passing Cape Palmas entered the Gulf of Guinea, and steered for Cape Lopez which she reached in the first part of November. Cape Lopez de Gonzalves, in lat. 0 deg. 36′ 2″ south, long. 80 deg. 40′ 4″ east, is so called from its first discoverer. It is covered with wood but low and swampy, as is also the neighboring country. The extensive bay formed by this cape is fourteen miles in depth, and has several small creeks and rivers running into it. The largest is the river Nazareth on the left point of which is situated King Gula’s town the only assemblage of huts in the bay. Here the cargo of the Panda was unloaded, the greater part was entrusted to the king, and with the rest Capt. Gilbert opened a factory and commenced buying various articles of commerce, as tortoise shell, gum, ivory, palm oil, fine straw carpeting, and slaves. After remaining here a short time the crew became sickly and Capt. Gilbert sailed for Prince’s Island to recover the health of his crew. Whilst at Prince’s Island news arrived of the robbery of the Mexican. And the pirate left with the utmost precipitation for Cape Lopez, and the better to evade pursuit, a pilot was procured; and the vessel carried several miles up the river Nazareth. Soon after the Panda left Prince’s Island, the British brig of war, Curlew, Capt. Trotter arrived, and from the description given of the vessel then said to be lying in the Nazareth, Capt. Trotter knew she must be the one, that robbed the Mexican; and he instantly sailed in pursuit. On nearing the coast, she was discovered lying up the river; three boats containing forty men and commanded by Capt. Trotter, started up the river with the sea breeze and flood tide, and colors flying to take the desperadoes; the boats kept in near the shore until rounding a point they were seen from the Panda. The pirates immediately took to their boats, except Francisco Ruiz who seizing a fire brand from the camboose went into the magazine and set some combustibles on fire with the laudable purpose of blowing up the assailants, and then paddled ashore in a canoe. Capt. Trotter chased them with his boats, but could not come up with them, and then boarded the schooner which he found on fire. The first thing he did was to put out the fire which was in the magazine, below the cabin floor; here was found a quantity of cotton and brimstone burning and a slow match ignited and communicating with the magazine, which contained sixteen casks of powder.
The Panda was now warped out of the river and anchored off the negro town of Cape Lopez. Negociations were now entered into for the surrender of the pirates. An officer was accordingly sent on shore to have an interview with the king. He was met on the beach by an ebony chief calling himself duke. “We followed the duke through the extensive and straggling place, frequently buried up to the ankles in sand, from which the vegetation was worn by the constant passing and repassing of the inhabitants. We arrived at a large folding door placed in a high bamboo and palm tree fence, which inclosed the king’s establishment, ornamented on our right by two old honeycombed guns, which, although dismounted, were probably, according to the practice of the coast, occasionally fired to attract the attention of passing vessels, and to imply that slaves were to be procured. On the left of the enclosure was a shed, with a large ship’s bell suspended beneath, serving as an alarum bell in case of danger, while the remainder was occupied with neatly built huts, inhabited by the numerous wives of the king.
“We sent in to notify him of our arrival; he sent word out that we might remain outside until it suited his convenience. But as such an arrangement did not suit ours, we immediately entered, and found sitting at a table the king. He was a tall, muscular, ugly looking negro, about fifty years of age. We explained the object of our visit, which was to demand the surrender of the white men, who were now concealed in the town, and for permission to pass up the river in pursuit of those who had gone up that way. He now expressed the most violent indignation at our presumption in demanding the pirates, and the interview was broken off by his refusing to deliver up a single man.”
We will now return to the pirates. While at Prince’s Island, Capt. Gilbert bought a magnificent dressing case worth nearly a thousand dollars and a patent lever watch, and a quantity of tobacco, and provisions, and two valuable cloth coats, some Guinea cloth and black and green paint. The paint, cloth and coats were intended as presents for the African king at Cape Lopez. These articles were all bought with the money taken from the Mexican. After arriving at the Nazareth, $4000 were taken from the trunk, and buried in the yard of a negro prince. Four of the pirates then went to Cape Lopez for $11,000, which had been buried there. Boyga, Castillo, Guzman, and the “State’s Evidence,” Ferez, were the ones who went. Ferez took the bags out, and the others counted the money; great haste was made as the musquitoes were biting intolerably. $5000 were buried for the captain in canvas bags about two feet deep, part of the money was carried to Nazareth, and from there carried into the mountains and there buried. A consultation was held by Capt. Gilbert, De Soto, and Ruiz, and the latter said, if the money was not divided, “there would be the devil to pay.” The money was now divided in a dark room and a lantern used; Capt. Gilbert sat on the floor with the money at his side. He gave the mate about $3000, and the other officers $1000, each; and the crew from $300 to $500, each. The third mate having fled, the captain sent him $1000, and Ruiz carried it to him. When the money was first taken from the Mexican, it was spread out on the companion way and examined to see if there was any gold amongst it; and then put into bags made of dark coarse linen; the boxes were then thrown overboard. After the division of the money the pirates secreted themselves in the woods behind Cape Lopez. Perez and four others procured a boat, and started for Fernando Po; they put their money in the bottom of the boat for ballast, but was thrown overboard, near a rock and afterwards recovered by divers; this was done to prevent detection. The captain, mate, and carpenter had a conversation respecting the attempt of the latter, to blow her up, who could not account for the circumstance, that an explosion had not taken place; they told him he ought to have burst a barrel of powder over the deck and down the stairs to the magazine, loaded a gun, tied a fish line to the lock and pulled it when he came off in the canoe.
[Illustration: _View of the Negro village on the river Nazareth, and the Panda at anchor._]
The Panda being manned by Capt. Trotter and an English crew, commenced firing on the town of Cape Lopez, but after firing several shots, a spark communicated with the magazine and she blew up. Several men were killed, and Captain Trotter and the others thrown into the water, when he was made prisoner with several of his crew, by the King, and it required considerable negociations to get them free.
[Illustration: _Burying the money on the beach at Cape Lopez._]
The pirates having gone up the river, an expedition was now equipped to take them if possible. The long-boat and pinnace were instantly armed, and victualled for several weeks, a brass gun was mounted on the bows of each, and awnings fixed up to protect the crew from the extreme heat of the sun by day, and the heavy dews at nightfall. As the sea-breeze and the flood-tide set in, the boats again started and proceeded up the river. It was ascertained the war-canoes were beyond where the Panda was first taken; for fear of an ambuscade great caution was observed in proceeding. “As we approached a point, a single native was observed standing near a hut erected near the river, who, as we approached, beckoned, and called for us to land. We endeavored to do so, but fortunately the water was too shallow to approach near enough.
“We had hardly steered about for the channel, when the man suddenly rushed into the bushes and disappeared. We got into the channel, and continued some time in deep water, but this suddenly shoaled, and the boats grounded near a mangrove, just as we came in sight of a village. Our crew jumped out, and commenced tracking the boat over the sand, and while thus employed, I observed by means of my glass, a crowd of natives, and some of the pirates running down the other side of a low point, apparently with the intention of giving us battle, as they were all armed with spears and muskets.”
The men had just succeeded in drawing the boats into deep water, when a great number of canoes were observed coming round the point, and at the same instant another large party running down to launch; some more on the beach, when they joined those already afloat, in all made above twenty-eight canoes, and about one hundred and fifty men. Having collected all their forces, with loud whooping and encouraging shouts to one another, they led towards us with great celerity.
We prepared instantly for battle; the awnings were got down to allow room to use the cutlasses and to load the muskets. The brass guns were loaded with grape shot. They now approached uttering terrific yells, and paddling with all speed. On board the canoes the pirates were loading the guns and encouraging the natives. Bernardo de Soto and Francisco Ruiz were conspicuous, in manoeuvring the negro boats for battle, and commenced a straggling fire upon the English boats. In them all was still, each man had a cutlass by his side, and a loaded musket in his hand. On arriving within pistol-shot a well directed fire was poured into them, seconded by a discharge of the three pounders; many of the balls took effect, and two of the canoes were sunk. A brisk fire was kept up on both sides; a great number of the negroes were killed, and a few of the pirates; the English loss was small. The negroes now became panic-struck, and some paddled towards the shore, others jumped overboard and swam; the sharks caught several. Captain Gilbert and De Soto were now caught, together with five of the crew; Ruiz and the rest escaped to a village, some ways inland, and with the aid of a telescope it was perceived the negroes were rapidly gathering to renew the combat, urged on by Ruiz and the other pirates; after dislodging them from this village, negociations were entered into by the king of Cape Lopez, who surrendered Ruiz and several men to Captain Trotter. They were carried in the brig Curlew to Fernando Po, and after an examination, were put in irons and conveyed to England, and there put on board the British gun-brig Savage, and arrived in the harbor of Salem on the 26th August, 1834. Her commander, Lieut. Loney, waited upon the authorities of Salem, and after the usual formalities, surrendered the prisoners into their hands–stating that the British Government waived their right to try and punish the prisoners, in favor of the United States, against whom the principal offence had been committed. The pirates were landed at Crowningshield wharf, and taken from thence in carriages to the Town hall; twelve of them, handcuffed in pairs, took their places at the bar. They were all young and middle-aged, the oldest was not over forty. Physiognomically, they were not uncommonly ill looking, in general, although there were exceptions, and they were all clean and wholesome in their appearance. They were now removed to Boston and confined in prison, where one of them, named Manuel Delgarno cut his throat with a piece of glass, thus verifying the old proverb, _that those born to be hung, will never be drown’d!_
On the 11th of November, Don Pedro Gilbert, _Captain_, Don Bernardo de Soto, _Mate_, Francisco Ruiz, _Carpenter_, Nicola Costa, _Cabin-boy,_ aged 15, Antonio Ferrer, _Cook_, and Manuel Boyga, Domingo de Guzman, _an Indian_, Juan Antonio Portana, Manuel Castillo, Angel Garcia, Jose Velasquez, and Juan Montenegro, _alias_ Jose Basilio de Castro, were arraigned before the Circuit Court of the United States, charged with the crime of Piracy. Joseph Perez appeared as _State’s evidence_, and two Portuguese sailors who were shipped on board the Panda at Prince’s Island, as witnesses. After a jury was empannelled, Mr. Dunlap, the District Attorney, rose and said–“This is a solemn, and also an unusual scene. Here are twelve men, strangers to our country and to our language, indicted for a heinous offence, and now before you for life or death. They are indicted for a daring crime, and a flagrant violation of the laws, not only of this, but of every other civilized people.” He then gave an outline of the commission of the robbery of the Mexican. Numerous witnesses were examined, amongst whom were the captain, mate, and several seamen of the Mexican, who recognized several of the pirates as being the individuals who maltreated them, and took the specie. When Thomas Fuller, one of the crew of the Mexican was called upon to identify Ruiz, he went up to him and struck him a violent blow on the shoulder. Ruiz immediately started up, and with violent gesticulations protested against such conduct, and was joined by his companions. The Court reprimanded the witness severely. The trial occupied _fourteen days_. The counsel for the prisoners were David L. Child, Esq., and George Hillard, Esq., who defended them with great ability. Mr. Child brought to the cause his untiring zeal, his various and profound learning; and exhibited a labour, and _desperation_ which showed that he was fully conscious of the weight of the load–the dead lift–he had undertaken to carry. Mr. Hillard concluded his argument, by making an eloquent and affecting appeal to the jury in behalf of the boy Costa and Antonio Ferrer, the cook, and alluded to the circumstance of Bernardo de Soto having rescued the lives of 70 individuals on board the American ship Minerva, whilst on a voyage from Philadelphia to Havana, when captain of the brig Leon.
[Illustration: _Explosion of the Panda._]
If, gentlemen, said he, you deem with me, that the crew of the Panda, (supposing her to have robbed the Mexican,) were merely servants of the captain, you cannot convict them. But if you do not agree with me, then all that remains for me to do, is to address a few words to you in the way of mercy. It does not seem to me that the good of society requires the death of all these men, the sacrifice of such a hecatomb of human victims, or that the sword of the law should fall till it is clogged with massacre. _Antonio Ferrer_ is plainly but a servant. He is set down as a free black in the ship’s papers, but that is no proof that he is free. Were he a slave, he would in all probability be represented as free, and this for obvious reasons. He is in all probability a slave, and a native African, as the tattooing on his face proves beyond a doubt. At any rate, he is but a servant. Now will you make misfortune pay the penalty of guilt? Do not, I entreat you, lightly condemn this man to death. Do not throw him in to make up the dozen. The regard for human life is one of the most prominent proofs of a civilized state of society. The Sultan of Turkey may place women in sacks and throw them into the Bosphorus, without exciting more than an hour’s additional conversation at Constantinople. But in our country it is different. You well remember the excitement produced by the abduction and death of a single individual; the convulsions which ensued, the effect of which will long be felt in our political institutions. You will ever find that the more a nation becomes civilized, the greater becomes the regard for human life. There is in the eye, the form, and heaven-directed countenance of man, something holy, that forbids he should be rudely touched.
The instinct of life is great. The light of the sun even in chains, is pleasant; and life, though supported but by the damp exhalations of a dungeon, is desirable. Often, too, we cling with added tenacity to life in proportion as we are deprived of all that makes existence to be coveted.
[Illustration: _Thomas Fuller striking Ruiz in Court._]
“The weariest and most loathed worldly life. That age, ache, penury and imprisonment Can lay on Nature, is a Paradise
To that we fear of Death.”
Death is a fearful thing. The mere mention of it sometimes blanches the cheek, and sends the fearful blood to the heart. It is a solemn thing to break into the “bloody house of life.” Do not, because this man is but an African, imagine that his existence is valueless. He is no drift weed on the ocean of life. There are in his bosom the same social sympathies that animate our own. He has nerves to feel pain, and a heart to throb with human affections, even as you have. His life, to establish the law, or to further the ends of justice, is not required. _Taken_, it is to us of no value; given to him, it is above the price of rubies.
And _Costa_, the cabin boy, only fifteen years of age when this crime was committed–shall he die? Shall the sword fall upon his neck? Some of you are advanced in years–you may have children. Suppose the news had reached you, that your son was under trial for his life, in a foreign country–(and every cabin boy who leaves this port may be placed in the situation of this prisoner,)–suppose you were told that he had been executed, because his captain and officers had violated the laws of a distant land; what would be your feelings? I cannot tell, but I believe the feelings of all of you would be the same, and that you would exclaim, with the Hebrew, “My son! my son! would to God I had died for thee.” This boy _has_ a father; let the form of that father rise up before you, and plead in your hearts for his offspring. Perhaps he has a mother, and a home. Think of the lengthened shadow that must have been cast over that home by his absence. Think of his mother, during those hours of wretchedness, when she has felt hope darkening into disappointment, next into anxiety, and from anxiety into despair. How often may she have stretched forth her hands in supplication, and asked, even the winds of heaven, to bring her tidings of him who was away? Let the supplications of that mother touch your hearts, and shield their object from the law.
After a luminous charge by Judge Story, the jury retired to agree upon their verdict, and at 9 o’clock the next morning came in with their verdict.
_Clerk_. Gentlemen of the Jury, have you agreed upon your verdict?
_Jury_. We have.
_Clerk_. Who shall speak for you?
_Jury_. Our foreman.
The prisoners were then directed severally to rise as soon as called, and receive the verdict of the jury. The Captain, _Pedro Gilbert_, was the first named. He arose, raised his hand, and regarded the jury with a firm countenance and steady eye.
_Clerk_. Jurors look upon the prisoner; prisoner look upon the jurors. How say you, Gentlemen, is the prisoner at the bar, Pedro Gilbert, guilty or not guilty?
_Foreman_. GUILTY.
The same verdict was pronounced against _De Soto_ (the mate) _Ruiz_, (the carpenter,) _Boyga, Castillo, Garcia_ and _Montenegro_. But _Costa_, (the cabin-boy,) _Ferrer_ (the negro,) _Guzman, Portana_, and _Velasquez_, were declared NOT GUILTY.
After having declared the verdict of the Jury, the Foreman read to the Court the following recommendation to mercy:
“The sympathies of the Jury have been strongly moved in behalf of _Bernardo de Soto_, on account of his generous, noble and self-sacrificing conduct in saving the lives of more than 70 human beings, constituting the passengers and crew of the ship _Minerva_; and they desire that his case should be presented to the merciful consideration of the Government.”
Judge Story replied that the wish of the jury would certainly be complied with both by the Court and the prosecuting officer.
“The appearance and demeanor of Captain Gilbert are the same as when we first saw him; his eye is undimmed, and decision and command yet sit upon his features. We did not discern the slightest alteration of color or countenance when the verdict of the jury was communicated to him; he merely slightly bowed and resumed his seat. With _De Soto_ the case was different. He is much altered; has become thinner, and his countenance this morning was expressive of the deepest despondency. When informed of the contents of the paper read by the foreman of the jury, he appeared much affected, and while being removed from the Court, covered his face with his handkerchief.”
Immediately after the delivery of the verdict, the acquitted prisoners, on motion of Mr. Hillard, were directed to be discharged, upon which several of the others loudly and angrily expressed their dissatisfaction at the result of the trial. Castillo (_a half-caste_, with an extremely mild and pleasing countenance,) pointed towards heaven, and called upon the Almighty to bear witness that he was innocent; _Ruiz_ uttered some words with great vehemence; and _Garcia_ said “all were in the same ship; and it was strange that some should be permitted to escape while others were punished.” Most of them on leaving the Court uttered some invective against “the _picaro_ who had sworn their lives away.”
On _Costa_, the cabin boy, (aged 16) being declared “Not Guilty” some degree of approbation was manifested by the audience, but instantly checked by the judge, who directed the officers to take into custody, every one expressing either assent or dissent. We certainly think the sympathy expressed in favor of _Costa_ very ill placed, for although we have not deemed ourselves at liberty to mention the fact earlier, his conduct during the whole trial was characterized by the most reckless effrontery and indecorum. Even when standing up to receive the verdict of the jury, his face bore an impudent smile, and he evinced the most total disregard of the mercy which had been extended towards him.
About this time vague rumors reached Corunna, that a Captain belonging to that place, engaged in the Slave Trade, had turned Pirate, been captured, and sent to America with his crew for punishment. Report at first fixed it upon a noted slave-dealer, named Begaro. But the astounding intelligence soon reached Senora de Soto, that her husband was the person captured for this startling crime. The shock to her feelings was terrible, but her love and fortitude surmounted them all; and she determined to brave the terrors of the ocean, to intercede for her husband if condemned, and at all events behold him once more. A small schooner was freighted by her own and husband’s father, and in it she embarked for New-York. After a boisterous passage, the vessel reached that port, when she learned her husband had already been tried and condemned to die. The humane people of New-York advised her to hasten on to Washington, and plead with the President for a pardon. On arriving at the capital, she solicited an interview with General Jackson, which was readily granted. From the circumstance of her husband’s having saved the lives of seventy Americans, a merciful ear was turned to her solicitations, and a pardon for De Soto was given her, with which she hastened to Boston, and communicated to him the joyful intelligence.
Andrew Jackson, President of the United States of America, to all to whom these presents shall come, _Greeting_: Whereas, at the October Term, 1834, of the Circuit Court of the United States, Bernardo de Soto was convicted of Piracy, and sentenced to be hung on the 11th day of March last from which sentence a respite was granted him for three months, bearing date the third day of March, 1835, also a subsequent one, dated on the fifth day of June, 1835, for sixty days. And whereas the said Bernardo de Soto has been represented as a fit subject for executive clemency–
Now therefore, I, Andrew Jackson, President of the United States of America, in consideration of the premises, divers good and sufficient causes me thereto moving, have pardoned, and hereby do pardon the said Bernardo de Soto, from and after the 11th August next, and direct that he be then discharged from confinement. In testimony whereof I have hereunto subscribed my name, and caused the seal of the United States to