Africa and the American Flag

by Andrew H. Foote

After cruising for several days in company with the English men-of-war, the vessel proceeded to Loanda, for the purpose of meeting the commodore. Arriving at that place, and leaving Ambriz without any guardianship for the morals of American traders, an order was transmitted to the acting first-lieutenant, to proceed with the launch on a cruise off Ambriz; and in boarding, searching, and in case of detaining suspected vessels, to be governed by the instructions therewith furnished him.

On the 5th of August, the British commissioner brought off intelligence that the American commodore was signalled off the harbor. The British commodore was at this date, also, to have rendezvoused at Loanda, that the subject-matter of correspondence between the officers of the two services, might be laid before their respective commanders-in-chief.

On the arrival of the American commodore, the Perry was reported, in a communication dated August the 5th, inclosing letters and papers, giving detailed information of occurrences since leaving Prince’s Island, under orders of the 6th of May; also sundry documents from the commander of the British southern division, in relation to the capture of the slave-equipped brigantine Volusia; adding, that this case being similar to a number already the subjects of correspondence, he had requested further information, which the British commander of the division would probably communicate in a few days.

The letter to the commodore also stated, that our commercial intercourse with the provincial government of Portugal, and the natives of the coast, had been uninterrupted. The question arising in regard to the treaty with Portugal, whether a vessel by touching and discharging part of the cargo at a native port, is still exempt from payment of one-third of the duties on the remaining portion of the cargo, as guaranteed by treaty, when coming direct from the United States, had been submitted to our government.

On the 15th of August the Cyclops arrived at Loanda, with the commander of the British southern division on board, who, in a letter dated the 12th of August, stated, that agreeably to the promise made on the 23rd ultimo, of furnishing the details from the commander who had captured the Volusia, he now furnished the particulars of that capture, which he trusted would prove satisfactory. He also gave information that the British commander-in-chief was then on the south coast, to whom all further reference must be made for additional information, in case it should be required. The reply from the officer who had captured the Volusia stated, that he had boarded her on the 2nd of July off the Congo River. She had the American ensign flying, and on the production of documents, purporting to be her papers, he at once discovered the register to be false: it was written on foolscap paper, with the original signature erased; her other papers were likewise forgeries. He therefore immediately detained her. They had been presented to him by the ostensible master, apparently an American, but calling himself a Brazilian, and claiming the protection of that empire. The register and muster-roll were destroyed by the master; the remainder of the records were sent in her to St. Helena, for adjudication. The British commander further stated, that on discovering the Volusia’s papers to be false, her master immediately hauled down the ensign, and called from below the remainder of the crew, twelve in number, all Brazilians.

In a letter dated the 15th of August, the above communications were acknowledged, and the British commander informed that the American commander-in-chief was also on the south coast: that all official documents must be submitted to him, and that the reply of the 12th instant, with its inclosure, had been forwarded accordingly.

The British commodore soon arrived at Loanda, and after an exchange of salutes, an interview of three hours between the two commodores took place. The captures of the Navarre, Volusia, and other vessels, with cases of interference with vessels claiming American nationality, were fully and freely discussed. The British commodore claimed that the vessels in question, were wholly, or in part Brazilian; adding, that had they been known clearly as American, no British officer would have presumed to capture, or interfere with them. The American commodore argued from documents and other testimony, that bonâ fide American vessels had been interfered with, and whether engaged in legal or illegal trade, they were in no sense amenable to British cruisers; the United States had made them responsible to the American government alone—subject to search and capture by American cruisers, on good grounds of suspicion and evidence of being engaged in the slave-trade; which trade the United States had declared to be piracy in a municipal sense—this offence not being piracy by the laws of nations: adding, in case of slavers, “we choose to punish our own rascals in our own way.” Several discussions, at which the commander of the Perry was present, subsequently took place, without any definite results, or at least while that vessel remained at Loanda. These discussions were afterwards continued. In the commodores, both nations were represented by men of ability, capable of appreciating, expressing and enforcing the views of their respective governments.

Every person interested in upholding the rights of humanity, or concerned in the progress of Africa, will sympathize with the capture and deliverance of a wretched cargo of African slaves from the grasp of a slaver, irrespective of his nationality. But it is contrary to national honor and national interests, that the right of capture should be entrusted to the hands of any foreign authority. In a commercial point of view, if this were granted, legal traders would be molested, and American commerce suffer materially from a power which keeps afloat a force of armed vessels, more than four times the number of the commissioned men-of-war of the United States. The deck of an American vessel under its flag, is the territory of the United States, and no other authority but that of the United States must ever be allowed to exercise jurisdiction over it. Hence is apparent the importance of a well-appointed United States squadron on the west coast of Africa.

On the 18th of August, the captain of an English cruiser entered the harbor with his boat, leaving the vessel outside, bringing the information that a suspected American trader was at Ambriz. The captain stated that he had boarded her, supposing she might be a Brazilian, but on ascertaining her nationality, had left her, and proceeded to Loanda, for the purpose of communicating what had transpired.

On receiving this information, the commodore ordered the Perry to proceed to Ambriz and search the vessel, and in case she was suspected of being engaged in the slave-trade, to bring her to Loanda. In the mean time a lieutenant who was about leaving the squadron as bearer of dispatches to the Government, volunteered his services to take the launch and proceed immediately to Ambriz, as the Perry had sails to bend, and make other preparations previous to leaving. The launch was dispatched, and in five hours afterwards the Perry sailed. Arriving on the following morning within twelve miles of Ambriz, the commander, accompanied by the purser and the surgeon, who volunteered their services, pulled for the suspected vessel, which proved to be the American brigantine “Chatsworth,” of Baltimore. The lieutenant, with his launch’s crew, was on board. He had secured the papers and commenced the search. After taking the dimensions of the vessel, which corresponded to those noted in the register, examining and comparing the cargo with the manifest, scrutinizing the crew list, consular certificate, port clearance, and other papers on board, possession was taken of the Chatsworth, and the boarding-officer directed to proceed with her, in company with the Perry, to Loanda.