On ascertaining these facts, I convened the officers for the purpose of holding a survey on the state of the ship and provisions, they all agreeing with me as to the impracticability of attempting a six weeks' voyage with defective masts and rigging, and only a week's provisions on board, at the same time signing a survey to that effect, which document is now in my possession. It was therefore determined to put into some port for the purpose of refitting; but here another difficulty presented itself. Portugal was still an enemy's country. Had we made a Spanish port, the prominent part I had taken in depriving Spain of her colonies in the Pacific would have ensured me a questionable reception. A French port too was unsuitable, as France had not acknowledged the independence of Brazil.
To enter an English harbour was attended with some risk of annoyance to myself, in consequence of the enactments of the "Foreign Enlistment Bill," the provisions of which had been specially aimed at my having taken service in South America though before that Bill was passed, so that I did not consider myself to come within the meaning of the Act. Still the point was debateable, and were it raised, might subject me to considerable personal inconvenience, the more so as being in command of a foreign ship of war belonging to an unacknowledged state. The necessity was, however, urgent, and taking all circumstances into consideration, I resolved, notwithstanding the Foreign Enlistment Bill, to stretch on to Portsmouth, and there procure provisions, anchors, cables, and stores, indispensable for the use of a ship of war; the frigate being so destitute of all these, that, had I been fully aware of her condition before quitting Maranham, I should have hesitated to put to sea.
In passing the Azores, we overtook the brig _Aurora_, which left Maranham ten days before the _Piranga_, cleared out for Gibraltar under Brazilian colours. She was now steering direct for Lisbon under a Portuguese ensign, in company with a Portuguese schooner; this circumstance clearly shewing the kind of intercourse carried on between Brazil and the mother country by connivance of the authorities. Though both vessels were within my grasp I did not molest them, in consequence of having received private information of a decree passed by the supreme military council at Rio de Janeiro on the 26th of October, from the tenor of which decree, had I made further captures from the enemy, I should have incurred additional penalties, as acting contrary to the obvious intentions of a majority of the council, though their views had not been officially communicated to me.