Daily National Intelligencer

Herald Office, Norfolk, January 1.

Piracy.—We hope that the subjoined statement of facts which we have been permitted to transcribe from the protest of Capt. Davis, of the schr. Constitution, belonging to this port, will not escape the observation of the higher authorities of our government. With the knowledge of a long existing system of buccaneering in one of the high roads of our commerce, it was to have been expected that something like a naval force adequate to protect the property of our merchants from lawless pillage, would have been provided before this day; and that the American flag which waves unmolested by the pirates of Barbary, would not be permitted to be subjected to insult by the picaroons in the West Indies. The instances of depredation and outrage committed by this latter description of freebooters, are so numerous, and occur so frequently, that the statement here exhibited, though almost transcending every precedent, will probably be passed over without any new or extraordinary excitement of the public feeling; but, we hope, not without arousing the energies of the government. It is time that this system of buccaneering (sometimes carried on under the mask of Patriotism) should be put down by the strong arm of power. Ten or twelve fast sailing schooners of from six to ten guns would be adequate to clear a free and uninterrupted passage for our commerce through the islands of the West Indies; and these could surely be fitted out and kept in commission at a comparatively trifling expence.

If something is not done to curb the insolence of these pirates, and deter them from their villainous proceedings, our merchants must shortly be deprived of a lucrative commerce. They will hardly risk their property with nearly a certainty of losing it, for if no remedy is provided, they cannot be expected to obtain insurance upon any terms. That it may be seen we have not given a causeless alarm on this occasion, we request the reader's attention to the following account of the

Capture of the schooner Constitution of this port.

The schooner Constitution, capt. Samuel Davis, of this port, sailed hence on the 5th of Oct. last, on a voyage to the West Indies. On the 20th, arrived at Port au Prince, but not being able to dispose of her cargo to advantage at that place, she proceeded to Gonaives where she arrived on the 24th, but, being disappointed in the market there also, she sailed for St. Jago de Cuba on the 27th. On the 28th of Oct. at half past 5 A. M. discovered the land (Cape Mayes) bearing N. about 4 or 5 leagues distance; at the same time descried a small pilot boat built schooner to the N. E. (wind light and variable from the southward) and at 6 A. M. she tacked for the Constitution, when capt. D. turned out all the reefs and set the jib. At 7 o'clock, A. M. finding the strange sail was coming up, had the flying jib and gaff topsail set. At 8 A. M. light winds from the eastward, set the square sail, and hoisted his colors—found he outsailed the vessel in chase, which then hoisted the Spanish flag. At noon, Cape Bona bore E. N. E. 5 or 6 leagues distant. On the 29th, at 5 P. M. the pursuing vessel came up close to the Constitution, and the first salutation from the former was a volley of musketry across the bows of the C. when capt. Davis, discovering that she was full of armed negroes, hove to. In about 5 minutes they boarded the Constitution in a boat full of armed men, who took possession of her, and sent off the boat, which returned in ten minutes more with a reinforcement. The cruizer then wore round and made sail in chase of a Spanish schooner which was then in sight. Capt. Davis endeavored to obtain information from those of the crew who boarded him, under what flag they sailed, who was their commander, and the name of their vessel, but they would not inform him; he ascertained, however, that she was a piratical cruizer, manned with about 30 or 40 blacks, armed with muskets. At 6 P. M. she closed with the Spanish sch'r which had came to, and Capt. D. afterwards ascertained that she was from Barracoa, with French passengers on board, bound to St. Jago de Cuba.

At 8 P. M. capt. D. was ordered on board the schooner with his papers, when a general search of his person was made, and his papers and watch taken from him. He remained until half past 9 P. M. and the captain of the cruizer then came on board and ordered him to his own vessel, saying it was too late to enter into an examination of his papers. Captain D. remonstrated in vain against his detention, and demanded his papers, which were positively refused him, but his watch was returned to him. He then repaired on board his own vessel, and found her in possession of nine armed men, her mate and crew (except the cabin boy and a passenger) confined in the forecastle. Capt. D. was permitted to remain in his cabin, with a guard over him: he discovered, however, about midnight, that they were preparing to get out his boat, (the pirates boat being along side.) At 2 A. M. the mate and crew of the Constitution were ordered on deck, and into the pirates' boat; at the same time capt. Davis was commanded to get into his own boat with his boy and passenger, without being permitted to take any thing with them, but the clothes they had on. The boat put off with 5 armed men, and rowed towards the shore, which was eight or nine miles distant. In a short time after the boat set out they presented a musket at Capt. Davis, and demanded his watch and the keys of his trunks, &c. which he was compelled to deliver. About an hour before day-light the boat reached the land, when capt. Davis, his passenger and boy, were put ashore at the mouth of Hooko Bay without any thing to subsist on, in an entirely uninhabited, unknown and barren part of the island, and not the smallest prospect presented itself of their being able to find a habitation. They remained among the rocks until morning, when they discovered their vessel with the pirate and Spanish schooner laying to, at about eight miles distant, and at 8 o'clock, A. M. they made sail to the westward, apparently with the intention of entering some harbor, which induced capt. D. with his companions to resolve on pursuing a course to the westward in quest of his vessel.

After having travelled about 7 leagues, through an entirely unproductive and mountainous country, without having received the least nourishment, about 10 o'clock in the morning of the 30th Oct. he discovered his vessel with the pirate schooner, at anchor about 3 miles from the land, and at the same time saw a number of the piratical crew on shore, by a stream of fresh water. Being now nearly exhausted, he resolved to risk the consequences of surrendering himself to them; and about noon reached their party. At first they presented their muskets, and after some time imploring their assistance to relieve him and his companions from impending starvation, they sent from the vessel a few pounds of bread, a piece of beef, and a small piece of cheese, directing him where a house might be found. By this time the cruiser had been dismantled, and the crew embarked on board the Constitution. At about 4 in the afternoon, reached the small hut to which he had been directed, and there remained. Here he received information, during the evening, that the pirates had burned their cruiser, and that they had sailed in the Constitution. Capt. D. supposing it probable that some of his cargo had been put on board the Spanish schooner which had been given up, and being desirous to embrace the earliest opportunity of making his protest, determined with all expedition to repair to St. Jago de Cuba. On the 1st of November he and his companions embarked in a canoe, and, after going about two miles, fell in with the mate and crew of the Constitution, on the beach, who informed that the boat of the pirates having been given up to them, the moment they left the schooner they made the best of their way towards the shore, where they landed the ensuing day. The canoe being too small to carry the whole of the crew, only a part took passage in it, the remainder pursuing their way to Baracoa. Capt. Davis and his associates in misfortune arrived safe at St. Jago de Cuba on the 4th of November.