Africa and the American Flag

by Andrew H. Foote

The social intercourse between the parties, during this interview, was of the most agreeable character.

In the same letter to the judge of the admiralty court, that contained the above-mentioned request for documents relating to the case of the Navarre, the commander of the Perry stated that he was informed by the American consul that the Navarre was sold in Rio to a citizen of the United States; that a sea-letter was granted by the consul; that the papers were regular and true; that the owner was master, and that the American crew were shipped in the consul’s office.

The commander also stated, that information from other sources had been received, that the Navarre proceeded to the coast of Africa, and when near Benguela was boarded by H. B. Majesty’s brig Water-Witch, and after a close examination of her papers was permitted to pass. The captain of the Navarre, after having intimated his intention to the officer of the Water-Witch, of going into Benguela, declined doing so on learning that the Perry was there, assigning to his crew as the reason, that the Perry would take him prisoner; and at night accordingly bore up and ran down towards Ambriz. The captain also stated to a part of the crew, that the officer of the Water-Witch had advised him to give up the vessel to him, as the Perry would certainly take his vessel, and send him home, whereas he would only take his vessel, and let him land and go free.

On reaching Ambriz, with the American flag flying, the Navarre was boarded by the commander of H. M. steam-sloop Fire-Fly, who, on examining the papers given by the consul, and passed by the commander of the Water-Witch as being in form, pronounced them false. The captain of the Navarre was threatened with being taken to the American squadron, or to New York; and fearing worse consequences in case he should fall into the hands of the American cruisers, preferred giving up his vessel, bonâ fide American, to a British officer. Under these circumstances, he signed a paper that the vessel was Brazilian property, and he himself a Brazilian subject. The mate was ordered to haul down the American and hoist the Brazilian colors; in doing which the American crew attempted to stop him, when the English armed sailors interfered, and struck one of the American crew on the head.

The Fire-Fly arrived at Loanda a few days after the capture of the Navarre, and the representations of her commander induced the commander of the Perry to believe that the Navarre was Brazilian property, and captured with false American papers; which papers having been destroyed, no evidence of her nationality remained but the statement of the commander of the Fire-Fly. This statement, being made by a British officer, was deemed sufficient, until subsequent information led to the conclusion, that the Navarre was an American vessel, and whether engaged in legal or illegal trade, the course pursued towards her by the commanders of the Water-Witch and the Fire-Fly, was wholly unauthorized; and her subsequent capture by the commander of the Fire-Fly, was in direct violation of the treaty of Washington.

After this statement was drawn up, the Water-Witch being in St. Helena, it was shown to her commander.

A statement in relation to the capture and condemnation of the Volusia, was also forwarded to the chief-justice: stating, upon the authority of the American consul at Rio, that she had a sea-letter, and was strictly an American vessel, bought by an American citizen in Rio de Janeiro.

In reply to this application for a copy of the proceedings of the Admiralty Court in relation to the Navarre, the chief-justice, in a letter to the commander of the Perry, stated that he was not aware of any American vessel having been condemned in the Vice-Admiralty Court of that colony.

It was true that a barque called the Navarre had been condemned in the court, which might or might not have been American; but the circumstances under which the case was presented to the court, were such as to induce the court to conclude that the Navarre was at the time of seizure not entitled to the protection of any state or nation.

With respect to the commander’s request that he should be furnished with a copy of the affidavits in the case, the judge regretted to state, that with every disposition to comply with his wishes, so far as regards the proceedings of the court, yet as the statement of the commander not only reflected upon the conduct of the officers concerned in the seizure, but involved questions not falling within the province of the court, he did not feel justified in giving any special directions in reference to the application.