tion illegitimate.
Furnished with these double sets of papers, they came to Peru for the
purpose of trading; but as I had advice of this proceeding--and
afterwards found the Spanish duplicates in the Peruvian Custom Houses--I
seized the vessels on account of the fraudulent papers, they having also
on board contraband of war, and was about to send them to Valparaiso for
adjudication, when their commanders offered to surrender to me all the
anchors, cables, and other illegal cargo, if I would forego this
determination, which I did, and applied these articles to the use of the
Chilian squadron, which at that time had not a trustworthy anchor in any
of the ships.
The course pursued was satisfactory to the masters and supercargoes, and
subsequently, on explanation, to Sir Thomas Hardy, whilst it was highly
approved by the Chilian Government. After my return to England, actions
were brought against me for even the contraband which had been
voluntarily surrendered by the masters; but as I was fortunately enabled
to produce the Spanish duplicates, they were abandoned, otherwise I
should have been involved in utter ruin, for releasing British vessels
subject to condemnation, and at the same time _gratuitously providing_
for the Chilian ships of war, the essential articles of which they were
entirely destitute.
In order to conciliate the English merchants at Valparaiso, the
Admiralty Court acquitted various vessels seized under the orders of the
Government, charging the costs and damages to my account! and that in
the face of its own right to blockade and seizure as expressed to the
British Commodore, Sir Thomas Hardy, who, though he insisted on the
protection of British ships, disavowed their taking advantage of his
protection to supply the enemy with contraband of war, as had been done.
Sir Thomas Hardy's view was this, that if the blockading power was not
in a position to render the blockade efficient over the whole coast, it
was not recognisable anywhere by the law of nations; but, whilst
expressing this erroneous view of blockade, he added, "nor can I resist
the right which the Government of Chili has to establish and maintain
blockade on the same footing as other belligerents."
But even in the extreme views of Sir Thomas Hardy, we were competent to
establish and maintain a blockade in its widest extent, and the best
proof of the fact is, that the blockade was established. Even Zenteno,
the Minister of Marine, poin
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