"The Squadron under the command of Commodore Preble had been detained some time, as they severally arrived at Gibraltar, (with the exception of the frigate | Philadelphia and the schooner Vixen) to counteract the hostile designs of the Emperor of Morocco, As soon as the Commodore had accomplished his objects in that quarter, he proceeded off Tripoli, in the Constitution, accompanied by the schooner Enterprise, commanded by your husband. On arriving off Tripoli, where the Commodore expected to find the frigate Philadelphia and sch. Visen, blockading that port, he discovered that frigate at In claiming for Decatur the merit of suggesting the Moorings in the harbor. It was at this time your late daring scheme which he afterwards so nobly carried into sband proposed to destroy the frigate, with the Enter-effect, it is not my intention in the smallest degree to depse, under his command-and at this time, as I stated in tract from the merit of Commodore Preble, who incurred my former letter to you, Commodore Preble assured your the heavy responsibility of sanctioning the enterprise. husband that the frigate should be destroyed, and that he The Commander of the Squadron, in determining to should be the executive officer when done, for his hay- commit to Decatur the conduct of the expedition, was ing so handsomely volunteered his efforts to effect it with not unmindful of the extreme hazard of the undertaking. the schooner Enterprise. I give you these facts as I re. He well knew that its success would entirely depend on

"I had always supposed the plan by which the frigate Philadelphia was destroyed was projected by Commodore Decatur."

[FEB. 7, 18

language of your Committee, it was an achievement, "gallantry of which has very seldom been equalled, a "never surpassed, in the Naval History of the world And, in the official despaches of Commodore Preble, i declared that "its merit can hardly be sufficiently estin "ted-it is above all praise." To this, Sir, there is thing to be added.

the celerity, secresy, and gallantry of its execution; and, conceiving that any attempt to bring out the frigate must be attended with extraordinary hazard to the captors, and possibly expose the vessel to the risk of being re-captured-and believing that the destruction of the Philadelphia would sufficiently restore the balance of power enable him to carry on his operations against Tripoli successfully-and being, perhaps, moreover, of opinion that But, Sir, I must be permitted to dwell, for a mome the destruction of the frigate, under the very eyes of the on the consequences of this victory, and the benet Turks, was calculated to make a deeper and more last- which the country has derived from it. The Tripolit ing impression on their forces, even than her re-capture, war of 1804 has always been considered as having co he resolved that she should be destroyed; and, there-tributed largely in laying the foundation of the naval glo fore, issued péremptory orders “that, in case of success, of this country. It kindled that spirit among our your "Decatur should be sure to set fire to the gun-room, naval men, which has, on every occasion, blazed for "births, cock-pit, store-room forward, births on the with so much lustre. It elevated the American Nav "birth-deck," and then, after "blowing out her bot- character in the eyes of foreign Nations, and inspire tom," to abandon her. In looking at these orders of among our officers that confidence in themselves, which Commodore Preble, I have been forcibly struck with at the commencement of the late war, (when it was fear their remarkable tone. In every part of them he uses a ed that our ships would, in a few months, be absolutel language which one here might be supposed to use to swept from the ocean,) enabled them to meet the enem another, by whom all dangers and difficulties were to be in equal fight, and to achieve so many proud victories of trampled on as nothing. With the utmost precision, he the ocean and the lakes. From that dark hour when De instructs Decatur to proceed to the harbor of Tripoli, to catur, in a small ketch, with sixty men, illumined the enter it in the night, to board the " Philadelphia," to Castle of Tripoli with the blaze of the Philadelphia, the carry every thing by the sword, and, having caused her whole career of our Navy (with but a single exception) entire destruction, to return and report to him! As if has been a series of daring enterprises and brilliant the execution of such an order, by a Lieutenant and se- achievements. Its path has been a flood of glory. But venty men, in a small ketch, under the fire of several it is in the effects of the destruction of the Philadelphia, hundred pieces of cannon, was a matter of course! The upon the Turks, that I would at this time more especially real state of the Commodore's feelings, however, keep insist upon. It is emphatically stated by the Committee, out in the conclusion, when, in spite of his tone of confi- and no doubt justly, that it is to the profound impression dence, he commends the little band to the protection of produced by this and other exploits in the Tripolitan Heaven, and "May God prosper you in the enterprise !" war, (especially the affair of the gun-boat, in which DeBut, to return to the expedition. Decatur sailed from catur was again so proudly distinguished,) that the com. Syracuse, where the American Squadron then lay, on the merce of this country is indebted for a greater exemp 3d of February, in a small ketch, of sixty tons, called the tion from depredations, on the part of Turkish cruizers, Intrepid, with about seventy officers and men, all volun- than has been experienced by any other nation, and that teers, accompanied by the schooner Syren, commanded when difficulties have occurred, they have been adjusted by Lieutenant (now Commodore) Stewart, to whom was with unexampled celerity, and at an expense of blood assigned the duty of supporting him with the boats of the and treasure altogether insignificant, compared with that Syren, and covering his retreat. After several days of to which, under similar circumstances, the greatest mari. very tempestuous weather, he arrived off the Harbor of time Powers of Europe have been subjected. In illus Tripoli, and, on the night of the 16th proceeded into the tration of the truth of this position, and to show how harbor, ran up alongside of the Philadelphia, (moored as largely the destruction of the Philadelphia contributed to I have described) boarded, and carried her, after a short produce these results, I beg leave to refer to one or two but severe conflict, on the decks of the frigate, in which facts. It is stated by Dr. Ridgley, formerly Surgeon upwards of twenty Turks were killed on the spot, and the Philadelphia, in a document, on the table of every Se the rest driven below or overboard. At this critical penator, that riod, Lieutenant Decatur found himself in quiet posses. "He has a distinct and indelible impression of the leadsion of his prize-not a gun had been fired-the alarming events of his imprisonment. The Pacha and his Court had not yet been spread, and it was the opinion of the did not attempt to conceal their exultation on the capture Pilot who conducted the expedition, as well as of several of the frigate Philadelphia. It was a jubilee in Tripoli. Naval Officers, acquainted with the circumstances, and So extravagant were his calculations, that he would not (the Committee have been assured) of Decatur himself, listen to any proposal of peace and ransom for a less sum that the vessel might have been brought out of the harbor than one million of dollars. In this condition of affairs, in safety; and, if that had been accomplished, the offi- it would have been impolitic to have opened a negotia cers and crew of the Intrepid would, by the laws of the tion. It would have been regarded as an evidence of fear land, have been entitled to the full value of the frigate, and imbecility. This tone of confidence and triumph certainly equal to two or three hundred thousand dollars continued, until the daring enterprise, led on by your But the peremptory orders of his Commanding Officer gallant and lamented husband, illuminated his castle with prevented the attempt; and having deliberately set fire the blaze of his trophy. The sensation produced by the to the vessel, in the very manner pointed out in his or- achievement was indescribable-consternation and dismay ders, and, having remained on board until the flames were depicted on every face. But the best evidence of "burst out of the port-holes, and had reached the rig. its impression was the frequent conferences of the Pacha ging and the tops," he finally abandoned her, bringing with the Consuls, his undisguised desire to make peace, off the whole of his crew, under a heavy fire from the and his proposition to that effect, on terms much more batteries and the shipping, without the loss of a single moderate-i think two hundred thousand dollars. The terror inspired by the re capture and conflagration, (in creased by the attack of the gun-boats, on the third of August, 1804,) was felt during the war, and its influence was acknowledged when the treaty of peace was signed."

man!

To attempt, Mr. President, an eulogy of an exploit like this, would be a vain and fruitless effort. I must borrow the language of others. A gallant Officer, now no more, assures us that it acquired for Decatur the meritorious appellation of "the terror of the foe." In the

Such were the immediate effects of this exploit. But they ceased not with the war-we no longer pay

tribute.

of

FEB. 7, 1828.]

Captors of the Philadelphia.

[SENATE.

Our seamen and our ships in the Mediterranean have, for tling their disputes with one of them. Not many months upwards of twenty years, enjoyed as much freedom among after Decatur had concluded his treaty with Tripoli, Lord the "licensed pirates” of the Mediterranean as on our Exmouth, in command of the combined British and Dutch own coasts. Until the war with Great Britain, I believe fleets, endeavored to accomplish the same thing, and no depredations on our commerce, of any consequence, what was the result? With a force consisting of five ships had been committed by any of the Barbary Powers. Be of the line, eleven frigates, and a great number of smaller ing thus led to believe that our ships would necessarily vessels, he was hardly able, after a most bloody battle, he annihilated in that contest, our rights were violated by (in which he lost 150 men killed, and had 700 wounded,) Algiers, Tripoli, and Tunis. The moment peace was to extort a peace, on terms less advantageous than those made with England, our Government determined prompt- which Decatur had obtained in a few hours, "without ly to redress these wrongs, and Decatur was dispatched the sacrifice of a single life, or the loss of a spar or a for that purpose, with three frigates, one sloop, one brig, rope." And even now, while I am speaking, a power. and three schooners. His was but the van of a larger ful French fleet, which has been engaged for months in squadron destined for that service. But, sir, his name vain attempts to extort peace from the same nation, has alone accomplished the object at once, almost without nothing to boast of but a single drawn battle. It has been cost, and without bloodshed. Sir, it is almost incredi- remarked, sir, by one of our most distinguished citizens, ble, it is a fact, unparalleled in the annals of warfare," that the greatest statesmen of the last war were the that in fifty days after the squadron sailed from Sandy heroes of our army and navy," and I think I may add Hook, a treaty was signed between Algiers and the Unit- that they have proved themselves, on more than one oced States, which included indemnity for the past and se- casion, our ablest negociators. curity for the future. In that short space of time, Decatur had cruized in the Mediterranean, fought and cap. "tured a Turkish frigate and some smaller vessels, killed "the Algerine Admiral, sailed into the harbor of Algiers, "and ratified a treaty at the cannon's mouth." From Algiers he proceeded to Tunis, and insisted on and instantly obtained payment for American property (to the value of near 50,000 dollars) which had been cut out of that harbor by the British. From Tunis he passed on to Tripoli, and there effected a settlement of all our differences, with the same celerity and ease. To show that in the extraordinary success which attended these operations, Decatur was aided by the impression of his own great name and his former exploits, I will read a few lines from the statement of a gentleman, then American Consul at Tunis, who tells us "he was on the spot at the "time, and perceived the effect of that influence." He thes describes the interview between the Bey and the messenger of the Commodore. "Tell your Admiral to "come ashore and see me," said the Bey. "He de"clines coming, your highness, until these disputes are "settled, which are best done on board ship." "But "this is not treating me with becoming dignity; Hamuda "Pacha, of blessed memory, commanded them to land * and wait at the palace until he pleased to receive them." "Very likely, your highness, but that was twenty years "* ago." "This Admiral is the same one who, in the war with Sadi Yusef, of Trablis, burnt the frigate." "The same." "Hum! why do they send wild young "men to treat for peace with old Powers? then you "Americans don't speak truth; you went to war with "England, a nation with a great fleet, and said you took "their frigates in equal fight; an honest people always "speak truth." "Well, sir, and that was true, Do you "see that tall ship in the bay, with a blue flag, (the "Guerrier?) that was taken from the British; that one **near the small island, (the Macedonian,) was also cap"tured on equal terms; that sloop near Cape Carthage, "(the Peacock,) was also taken in battle." The Bay "laid down his telescope, reposed on his cushions, and "with a small tortoise-shell comb set with diamonds, "combed his beard.

"A small vessel got under weigh, and came near the "batteries; a pinnace with a few men rowed about the "harbor, and one person, dressed in the garb of a sailor, " was taking soundings—it was Decatur. “Tell the Ad"miral to land," said the Bey, "and all shall be settled "to his satisfaction," which was done.

The rapidity and success with which Decatur brought to a conclusion our differences with three of the Barbary States, forms a striking contrast with the difficulties experienced almost immediately afterwards by Great Britain, and Holland, and more recently by France, in set

Without dwelling longer on this topic, I will come directly to the inquiry, whether any, and, if any, what pecuniary reward is now due to the captors of the Philadelphia On this branch of the subject, sir, I adopt as my own the views of the Committee. At the time of the capture of the Philadelphia the navy was young, and it was the opinion of many, even of our wisest statesmen, that it was not the true policy of the United States to strengthen this arm of the national defence. The system which has since been introduced, and which seems now to unite all suffrages in its favor, had not yet been established, and appropriate rewards for distinguished services had not been provided. Congress, therefore, though appreciating very highly the valor and good conduct of Decatur and his gallant associates, contented themselves with bestowing mere honorary rewards, unless it can be considered as an exception to the remark, that they voted two months' pay to the officers and men; which, it is understood, the former unanimously declined to receive. When, at a later period, however, the people of the United States came to feel and acknowledge the importance of a navy to the national defence-when our officers and men were every day covering themselves and their country with glory, a better and more liberal spirit sprung up, and was cherished, towards this long neglected department of the public service. Prior to the capture of the Guerriere by the Constitution, we believe, no case had occurred in which a pecuniary reward, for a naval victory, had been paid out of the public treasury. A share in the thing captured was all that the laws or usages of the country allowed: and, if that perished in the conflict, the victors went without their reward.When, however, the navy had fought itself into favor, and our naval heroes came to be regarded with the gratitude and affection which could no longer be withheld, the rule was adopted of paying, out of the public purse, for vessels destroyed in battle; and the principle is now settled, from the uniform practice of the Government, for fourteen years, that a reasonable compensation is to be allowed for vessels sunk in battle, or necessarily destroyed in consequence of injuries received in the conflict. Conceiving, therefore, that it is the established policy and settled practice of the Government, to allow compensation in all such cases, though they do not come within the provisions of the prize acts, the question now presents itself, whether the same liberal principle ought not to be extended to the case of the Philadelphia, and whether compensation is not as justly due to the captors of that vessel as to the captors of the Guerriere and the Java, or of the gun boat destroyed on Lake Ontario? On this point, the Committee were clearly and unanimously of opinion, that both justice and policy concur in support of the claim. Where all the facts are notorious, and the merit of the

SENATE.]

Captors of the Philadelphia.

claimants is confessedly of the highest order, the Government ought not to avail itself of the mere lapse of time; nor can I conceive any sound reason why a rule, founded on justice and enlarged principles of public policy, should not be extended to those who have achieved signal victories, before as well as after its adoption. I come to the conclusion, therefore, with great confidence, and I know the Senate will concur with me, that a reasonable compensation ought now to be granted to the cap. tors of the Philadelphia.

[FEB. 7, 1828.

skeleton crew-filling up none of the classes arranged in
The capture of a frigate of the largest
the prize acts.
class, by a lieutenant and 70 men, in a small ketch, is so
out of the usual course, and so contrary to all reasonable
calculation, that the very existence of such an extraordi.
nary case seems to produce the necessity of providing a
new rule for the case itself; and, in the present instance,
this can be the more readily done, as the proposed grant
is not founded on the law, but, resting entirely on the li
berality, may be regulated by the sound discretion, of
Congress. After looking carefully into the subject, and
consulting experienced naval officers, the committee
could not discover any more equitable rule of distribution
than that recommended by the Navy Commissioners, viz:
that, after reserving for the commanding officer of the
squadron one-twentieth of the whole sum, the residue be
divided among the officers and men in the same relative
proportions which each would receive if the crew of the
Intrepid had consisted of the same number as that of the
frigate Philadelphia at the time of her capture by the
Tripolitans.

I proceed next to consider the amount which ought to be granted. On this point I propose to look to precedents, all of which are collected and annexed to the On examining these, it will be report of the Committee. seen, that the amount granted by Congress, for vessels burnt, or destroyed in battle, varied from one-fourth to the full value of the vessel so destroyed. In the cases of the Java and Guerriere,about one-fourth was allowed, but in the case of the British sloop of war Hermes, destroyed in the attack on fort Bowyer, her ful: value was paid to the garrison. Without examining all of the precedents, there is one to which I will call the particular attention of the Senate. During the operations on Lake Ontario, carried on by Commodore Chauncey, a British gun boat, called the Black Snake, was destroyed by two barges, under the command of Lieut. Gregory. For this exploit no reward was But ever claimed by the gallant officer who achieved it. some years afterwards, one of the persons concerned in that affair, came here and presented a claim to Congress. The subject was referred to a committee, of which a distinguished Senator from Massachusetts (no longer a member of this House) was chairman, and of which I had the honor to be a member. The subject was fully investigated, all the precedents examined, and a bill reported providing for the payment of three thousand dollars, which was certified by Commodore Chauncey to be the full value of the gunboat, to Lieutenant Gregory and his party. Here, then, it will be perceived that, if Congress at the commencement of the war found itself constrained, by the pecuniary embarrassments of the country, to grant to the captors of the Guerriere and the Java only onefourth part of the value of the vessel destroyed-after the conclusion of peace, in a more prosperous condition of the country and of the treasury, they have not hesitated to grant the full value. Viewing the subject in all its bearings; taking into consideration the extraordinary merit of the achievement; the delay which has taken place in granting compensation; and the small number of persons engaged in the enterprise it has seemed to the committee that one hundred thousand dollars would be a reasonable sum to be now granted to the captors of the Philadelphia. The only remaining point to be considered On this is, the proper distribution of that amount. branch of the subject, the committee have experienced some embarrassment. The case does not, in this respect, come within either the letter or the spirit of the prize act. That act provides for the distribution of the proceeds of A young lieutenant in that little squadron, then in the vessels captured and condemned. Where vessels have been destroyed, the captors can only be compensated by early prime of manhood, then unknown to fame, but no virtue of special acts of Congress, and under such pro- longer to be so, conceived and planned an enterprise for visions as may be adapted to the peculiar circumstances the capture of this frigate; and by means too of a mere of each particular case. The mode of distribution pre-handful of men, and a small droging vessel, called a scribed by the prize act, is most obviously applicable only ketch-when all more ostentatious, and seemingly more to a full crew. In regulating the proportions of prize adequate, because more formidable, means must have As he had conceived and suggested, so he premoney which the captain, a midshipman, and a common failed. sailor should receive in a frigate of 44 guns, it is manifest pared and led on in the execution of this daring and that the calculation must be founded on the idea, that seemingly desperate enterprise; foreseeing every peril there would be a certain number of midshipmen, as well of the attempt, and forewarned against every peril; cal as of sailors, on board of such a ship: for, otherwise, if culating means to ends, and seconding there were but one midshipman, for instance, he might tion, and a mind bent on its purpose, and adequate to its receive more than his commander. From this view of exigency, he accomplished the object; an object deemed the subject, it is clear that a rule of distribution properly impossible by others, who measured its difficulties by applicable to a full crew, cannot be justly applied to a their own powers to overcome them; and possible to him

Mr. H., in conclusion, said, that the bill before the Senate was prepared in conformity with the views he had submitted to the Senate, and he expressed an earnest hope that the country would this day pay in part that debt of gratitude so justly due to the captors of the Philadel phia, and which had remained so long, not only unsatisfied, but almost unacknowledged.

Mr. ROBBINS rose and said, the claim for the capture and destruction of the frigate Philadelphia, in the harbor of Tripoli, so far as it is a claim upon the justice and po licy of the country, depends upon the merits of the case; and these again upon its circumstances and its conse quences and so far as it is a claim upon the legal obliga. tion of the country, it depends upon the 5th section of the prize act, so called, passed the 23d April, 1800. I beg the indulgence of the Senate whilst I consider the claim upon both grounds; pledging myself not to trespass upon that indulgence further than is necessary for a brief exposition of both.

The com

It will be recollected that the United States' frigate Philadelphia, some time, I think, in 1803, unfortunately got aground on the Barbary Coast, and in consequence She was got off undamaged, fell into the hands of those barbarians, then at hostilities with the United States. and added to their maritime force, to be employed in their piracies against our commerce on those seas. mander of our little squadron on that station deemed it very important to the interests of the United States, as in truth it was, that these barbarians should, if possible, be deprived of this frigate. But how was this possible? She was now moored in the harbor of Tripoli; she had a full complement of men kept on board; her guns were all mounted and ready loaded; she was close under the protection of all the guns of the castle and the principal bat tery; and she was guarded on different quarters by arm. ed vessels kept ready for action.

means by resolu

FEB. 7, 1828.]

Captors of the Philadelphia.

only because he saw its possibility in his own great and daring mind.

[SENATE.

And let not this naval fame be considered merely as a garland, ornamental indeed to the nation, but of no subThis lieutenant, this then unfledged naval hero, was stantial advantage. It is indeed the best of all our treayour Decatur-afterwards, and thenceforward, so distin-sures; more than all our works of defence; more than all guished in your naval history; so identified with the na- our treaties it guaranties to us and our rights the respect val fame of his country, of which he makes so conspicu- of the world. pus a part: your Decatur-now, alas, no more! but in the moments of his naval achievements, and in name which can never die; a name which the muse of history will give to fame, as one of her elect, to live forever; as one of those precious few whom she redeems from that tide of oblivion which time is forever rolling on to bury beneath its waves the memory of the past.

Ile, in the guise, and under the disguise of a market droger, made his way to the side of that frigate, instantly boarded her, laid twenty of her men dead upon the deck, and drove all the rest overboard; some to escape in their boats, and some to perish in the sea; and was in complete possession of the ship, and might have brought her off to the squadron, but for the peremptory orders under which he acted, which were, to destroy her yes, he might for, after destroying her, he did escape in his market droger, unhurt, and without the loss of a man. In pursu ance of his orders, he set fire to her in different parts, and waited till the fire broke out from all those parts, and had got the uncontrollable mastery of the ship; by which she was burnt down to the water's edge, and all of her that was above water was consumed in the flames.

The noise of this exploit resounded over Europe: it was spoken of and admired every where; the hero who performed it was no longer unknown to fame; he was the theme of conversation in every language, and the rame of Decatur became associated in the minds of men th all that is chivalrous in human character.

Such are the merits of this case; and the question put to the Senate is, Shall these merits go, as they hitherto have gone, unrewarded? If the appeal is made only to the justice and policy of the country-is it just that distinguished national services should not meet a national reward? Can it be policy to say to your national heroes who perform those services--if the paths of glory, which may lead you to the grave, should leave your families to want, we will not relieve them? But in my view of thiscase, that appeal is not necessary, for I cannot doubt the legal obligation of the country to satisfy this claim. The statutory provision which I referred to when I began, is in these words:

"The proceeds of all ships and vessels, and the goods taken on board of them, which shall be adjudged good prize, shall, when of equal or of superior force to the vessel or vessels making the capture, be the sole property of the captors."

Does this provision embrace this case? As I said before, I cannot doubt it. I begin, however, my interpretation, by admitting that the case does not come within the letter of the provision. For, the provision speaks of proceeds, importing a sale; this vessel was not sold: it speaks of adjudication as good prize; this vessel was not condemned. It is not, therefore, a case within the letter of the provision. But it is a case of the capture of a ves sel of superior force-vastly superior-and therefore within the intention of the provision. The provision inThis exploit, great in itself, and per se to the United tended to reward extraordinary merit in the capture; and States, was still much greater to them in its beneficial surely it is not material to that merit that the vessel was consequences. In the first place, it impressed those bar- not either sold or condemned. It would be even ridicu barians with that salutary terror which, from that moment, lous to suppose that the intention was to make the reward rade them glad to be at peace with us, without exacting depend upon circumstances not material to the merit. from us any tribute as its price. It struck at once from Further: the object of the provision obviously was, to cur national condition that onerous and disgraceful badge stimulate our Navy, not to rash, but to great undertakto which it had long been subjected. It was that saluta-ings, sustained by great efforts. What then becomes of y terror which laid the foundation of that treaty, which has secured that peace, and kept it inviolate to this day; and with it has secured the safety of our commerce, and our citizens, in those seas.

For when that same Decatur afterwards appeared upon that coast in hostile array, and made his own demands pon that power as the price of peace to her; and pre. scribed his own period for a compliance with those demands; and that the shortest period in which that complace could be perfected; that power bowed itself before the terror of that name; signed the treaty offered by , and literally as offered, without a moment's delay or station; remarking, that "we must comply, for there "knowing what that man may do, who, in the night, "could come in a droger, and take and destroy a frigate ** in my harbor, and under the guns of my castle; yes, we must comply."

Here, too, was laid the foundation of the naval fame of Our country: antecedently that fame did not exist. Here 3 kindled that spirit of emulation, which caught from reast to breast, and made or found in every commander anaval hero, ambitious to emulate, to excel, if possible, every competitor in that field of glory. It was the first that series of brilliant achievements which subsequently lowed to throw a glory around our navy, and to make the object of our national pride; achievements numeralmost as the stars of that banner under which the bales were fought; and so brilliant and so rapid in sucCession, that their united lustre makes one halo of glory, which, like the galaxy of the starry heavens, dims the disActive splendor of each particular star.

YOL. IV.-17

the force of this stimulus, if you make the reward depend, not on the greatness of the undertaking, not on the greatness of the successful effort, but upon subsequent circumstances which may be accidental, and must be immaterial? If you do not entirely destroy, do you not very much impair the force of that stimulus? For who would go upon the "forlorn hope," the success only possible, and the failure certain death, if, after running the hazard, he may lose the fruits of his successful valor by a quibbling about the letter of the law, in opposition to its obvious intention and obvious object?

All this would apply, if the frigate had been destroyed, from the necessity of the thing, and on the judgment of the captors; and in that case would be a sufficient ground for claiming the indemnity. For this was the only ground in the case of the Guerriere, and of the Java, and of the Hermes, and of some others; in all which cases this ground was allowed to be sufficient, and indemnity was granted accordingly. But here the captured prize was destroyed by the express orders of the Government; for the order of their agent was their order, and the Commodore of the squadron was their agent; and his order to destroy was peremptory. How, then, can the Government allege that the prize was not condemned, when they themselves ordered it to be destroyed, and when it was destroyed in obedience to that order? How can the Government urge the letter of the provision as excluding the case, when its not being included within the letter was owing to their own act? Surely the Government is estopped from alleging, in order to defeat a claim, that that was not done which they themselves prevented