HONOLULU. 407 



who did not wish to reship, the whole crew passed over ; yet within 

 eight-and-forty hours they had all re-entered, with the exception of 

 three or four, who held out for a time, to show, as they said, their 

 independence. 



It now became necessary to supply the places of those who had left 

 the squadron, and thus to complete our effective complement. Instead, 

 however, of resorting to picking up the worthless, dissipated, and 

 worn-out vagabonds of all nations, who have been wandering from 

 island to island for years, without any object or employment, I con- 

 cluded to take a number of Kanakas, and enter them upon such 

 terms that I could at any moment discharge them. 



The authorities of Oahu were applied to through our consul, and 

 readily agreed to the men being employed, provided they were re- 

 turned to the island agreeably to their own laws. Articles of agree- 

 ment were consequently entered into to this effect, by which I bound 

 the government of the United States to return them after their services 

 were no longer needed ; and a stipulation was made that the rations 

 of spirits should not be drawn by them. I was thus assured of having 

 at least sober men. Word was sent to the different parts of the island 

 for those who were disposed to enter, to assemble on a given day at 

 the fort, under the authority of the governor. Upwards of five hun- 

 dred men assembled in consequence, out of whom Captain Hudson 

 and myself chose about fifty, all able-bodied and active young men, 

 in perfect health. 



The authority for thus completing our complement of hands is 

 contained in the Act of Congress of March the 3d, 1813 ; the ninth 

 section of which provides as follows. " That nothing in this act con- 

 tained shall be construed to prohibit any commander or master, of a 

 public or private vessel of the United States, whilst in a foreign 

 country or place, from receiving any American seaman, in conformity 

 to law, or supplying any deficiency of seamen on board such vessel, 

 by employing American seamen or subjects of such foreign country, 

 the employment of whom shall not be prohibited by the laws there- 

 of." Yet, notwithstanding my acting under this ninth section, on 

 my return home it was alleged that I had violated the first section 

 of this same act, and it was made one of the charges against me by 

 the Secretary of the Navy. The whole act is to be found in Story's 

 Laws of the United States, vol. ii. p. 2. 



It was highly necessary for the service I was engaged in, to enlist 



