450
TEXAS STATE Lrnn.rnY
bringing them to Barrataria, where they were sure of a ready market a11d a ~afe retreat. So far as their spoliations upon the Spanish Com- merce was concerned, their course was evidently legal and just, and sanctioned by the practice of the most enlightened nations. Upon this score there could be no reasonable romplaint against them. Their offence consisted in this-in the bringing of their prizes to Barrataria, and there condemning them, as Judge Brackenrige observes "in their own way," instead of taking them to Carthagena, under whose fiag they were acting. This conduct caused them to be regarded by many, as Pirates, instead of Privateers; and they were generally s·o represented in the public prints of the day. But this was not exactly just. No doubt that many of them were very daring and desperate men; but no evidence was ever adduced to fix the crime of Piracy upon them. On the contrary, their papers, when submitted to an examination, were found to contain an exact list of all their numerous prizes, and left but little doubt of of [sic] the legality of their captures. Their real and undisputed offense was that of smugling; an offense committed in the first instance under peculiar circumstances, & afterwards continued under the encouragement and protection of the people of Louisiana. New Orleans furnished them with a ready and convenient market; their goods were introduced into the city in a clandestine manner, and there disposed of, at prices which rendered the trafic as pleasing and profitable to the purchasers as to the vendors. 'fhis reciprocity of interest engendered good-will; so that the prevailing disposition of the community was rather in favor of the Smugglers than against them. This was all manifestly wrong, demoralizing in its nature, injurious to the public revenues and. violative of the laws of nations, as the United States & Spain were then at peace. But who were the most culpable-the smugglern-their patrons-or the Government that con- nived at the trafic? Lafitte brought his prizes very improperly to Barrataria; and he was encouraged to do this by the impunity which he was permitted to enjoy, and the open manner in which his contra- band commodities were purchased. \\'e say open manner, because this il-icit trade conducted secretly at first, began, after a while, to assume the form and regularity of a fair and legitimate commerce. The smug- glers ,1 oulcl occasionally go in person to dispose of their articles; and almost without any pretention to concealment, many of the l\Ierchants and planters would repair to Barrataria to make their purchases. It is stated also that orders for: goods were even received from the City of New-York.- Thus encouraged and sustained by public opinion, the Barratarians pursued their contraband trafic, without molestation; until finally after the lapse of four years, the Governor of the State (Claiborn) felt himself constrained by a sense of shame if not of duty, to adopt some mea~ures for there extermination of these contrabandists. Various attempts ,nre accordingly made; but all of them proving in- effectual, the fertile imagination of His Excellency, at length, suggested the sapient policy of issuing a Proclamation, with a reward of five hundred dollars. for the apprehension and safe delivery of the leader of the band. 'l'his vigorous measure, however, did not inspire the terror which was expected; it produced uo other effect than to call forth a rejoinder from the Rarratarian Chief, who in his proclamation, doubled the ~um for the apprehension of His ExcC'llency. The Govern-
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