government of those respective countries were alone competent judges.

The privateers of Barataria committed indeed a great offence against the laws of the United States in smuggling into their territory goods captured from nations with which we were at peace; and for this offence they justly deserved to be punished. But in addition to this acknowledged guilt, to charge them with the crime of piracy, when on the strictest inquiry no proof whatsoever of any act amounting to this species of criminality has been discovered, and though since the pardon granted to them by the president of the United States, they have shown their papers and the exact list of the vessels captured by them, to every one who chose to see them, secms evidently unjust. Without wishing to extenuate their real crime, that of having for four years carried on an illicit trade, I again assert that the agents of government justly merit the reproach of having neglected their duty. The government must surely have been aware of the pernicious consequences of this contraband trade; and they had the means of putting a stop to it. It is true that partial expeditions had been fitted out for that purpose; but whether through want of judgment in the plan, or through the fault of the persons commanding those expeditions, they answered no other purpose than to suspend this contraband trade in one part, by making it take a more western direction. Cat island, at the mouth of the bayou or river la Fourche, became the temporary harbour of the privateers, whose vessels were too well armed to apprehend an

attack from land troops in ordinary transports. Hence the troops stationed at Grande Terre, la Fourche, &c. could do no more than prevent the continuance of the illegal trade, while they were on the spot; but on their departure, the Baratarians immediately returned to their former station.

There have been those who pretended that the privateers of Barataria were secretly encouraged by the English, who were glad to see a commerce carried on that must prove so injurious to the revenue of the United States. But this charge is fully refuted by this fact, that at different times the English sought to attack the privateers at Barataria, in hopes of taking their prizes, and even their armed vessels. Of these attempts of the British, suffice it to instance that of the 23d of June, 1813, when two privateers being at anchor off Cat island, a British sloop of war anchored at the entrance of the pass, and sent her boats to endeavour to take the privateers; but they were repulsed after having sustained considerable loss.

Such was the state of affairs when on the 2d of September 1814, there appeared an armed brig on the coast opposite the pass. She fired a gun at a vessel about to enter and forced her to run aground; she then tacked and shortly after came to an anchor at the entrance of the pass. It was not easy to understand the intentions of this vessel, who having commenced with hostilities on her first appearance, now seemed to announce an amicable disposition. Mr. Lafitte, the younger, went off in a boat to examine her, venturing so far that he could not es

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cape from the pinnace sent from the brig and making towards the shore, bearing British colours and a flag of truce. In this pinnace were two British naval officers, captain Lockyer, commander of the brig, and an officer who interpreted for him, with captain Williams of the infantry. The first question they asked was, where was Mr. Lafitte? He, not choosing to make himself known to them, replied that the person they inquired for was on shore. They then delivered him a packet directed "To Mr. Lafitte-Barataria;" requesting him to take particular care of it, and to deliver it into Mr. Lafitte's own hands. He prevailed on them to make for the shore, and as soon as they got near enough to be in his power, he made himself known, recommending to them at the same time to conceal the business on which they had come. Upwards of two hundred persons lined the shore, and it was a general cry amongst the crews of the privateers at Grande Terre, that those British officers should be made prisoners and sent to NewOrleans, as being spies who had come under feigned pretences to examine the coast and the passages, with intent to invade and ravage the country. was with much difficulty that Mr. Lafitte succeeded in dissuading the multitude from this intent, and led the officers in safety to his dwelling. He thought, very prudently, that the papers contained in the packet might be of importance towards the safety of the country, and that the officers, being closely watched, could obtain no intelligence that might turn to the detriment of Louisiana. He took the earliest opportunity, after the agitation among the crews had sub

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sided, to examine the contents of the packet; in which he found a proclamation addressed by colonel Edward Nicholls, in the service of his Britannic Majesty and commander of the land forces on the coast of Florida, to the inhabitants of Louisiana, dated Headquarters, Pensacola, 29th August, 1814; a letter from the same, directed to Mr. Lafitte, or to the commandant at Barataria; an official letter from the honourable W. H. Percy, captain of the sloop of war Hermes, and commander of the naval forces in the gulf of Mexico, dated September 1st, 1814, directed to himself; and finally, a letter containing orders from the same captain Percy, written on the 30th of August on board the Hermes, in the road of Pensacola, to the same captain Lockyer commanding the sloop of war Sophia. (For these different papers see Appendix, No. 3.)

When Mr. Lafitte had perused these papers, captain Lockyer enlarged on the subject of them, and proposed to him to enter into the service of his Britannic majesty with all those who were under his command, or over whom he had sufficient influence; and likewise to lay at the disposal of the officers of his Britannic majesty the armed vessels he had at Barataria, to aid in the intended attack of the fort of Mobile. He insisted much on the great advantages that would thence result to himself and his crews; offered him the rank of captain in the British service, and the sum of thirty thousand dollars, payable, at his option, in Pensacola or New Orleans, and urged him not to let slip this opportunity of acquiring fortune and consideration. On Mr. Lafitte's requiring a few days

to reflect upon these proposals, captain Lockyer observed to him that no reflection could be necessary, respecting proposals that obviously precluded hesitation, as he was a Frenchman, and of course now a friend to Great Britain, proscribed by the American government, exposed to infamy, and had a brother at that very time loaded with irons in the jail of New-Orleans. He added, that in the British service he would have a fair prospect of promotion; that having such a knowledge of the country, his services would be of the greatest importance in carrying on the operations which the British government had planned against Lower Louisiana; that, as soon as possession was obtained, the army would penetrate into the upper country, and act in concert with the forces in Canada; that every thing was already prepared for carrying on the war against the American government in that quarter with unusual vigour; that they were nearly sure of success, expecting to find little or no opposition from the French and Spanish population of Louisiana, whose interests, manners and customs were more congenial with theirs than with those of the Americans; that finally, the insurrection of the negroes, to whom they would offer freedom, was one of the chief means they intended to employ, being confident of its success.

To all these splendid promises, all these ensnaring insinuations, Mr. Lafitte replied, that in a few days he would give a final answer; his object in this procrastination being to gain time to inform the officers of the state government of this nefarious project. Having occasion to go to some distance for a short time,