Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1814-07-23
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PIRACY AND MuanER.

PIRACY AND MURDER, ~
III TINE CASE OF THE U. 5. rsIGArE Essex.
| To reihons,rAte To the world a.. a;ast any IA
| g;tious act couuit,ed by Ei,,inil upon the o.
cean, seems now superiiuou,. lji.t nat ion.
| whose naval history is reiiei. " 1 the most
wanton abuses oil public faith sii:. public law,
needs no addition to the catalogue of her
crimes, to transmit her in.aIry 10 ,uture ayes.
bdt the seizare of the Esssx, M the waters aud
uhder the guss OF a aeutrAl power, is So recent
ana aggravated violation OF the law OF nationss
eh4t IL ought to be proclaimed, and recorded
with The proofs OF is iajdstice, by every len
'hat writes tor the pubic eye. It 10 duly wa
owe 70 truth, TO justice and ~ our'country, that
DEED SO base should not be forgotten, though
II should even now be committed by the miss
iress OF the ocean" with impunty.
Among the civilized nations OF the world
the principles ct maritime law are fully es-
taohshed. Founded upon natural rights,
tney give equal privileges and protecti0n to
1hs sac all aie Squai.y eoaad "a their on,
| ser lance. That power which claims sole
empire OF the ocean, might as well arrogate
dominion OF the xk.- In tne wide expanse
ofthe one, all respire freely, and may also
navigate the extended waters Of the other
w1slout diminishing Its resources, or les.
seniHg the privilege to their tellowmen.-
Out usage has guaranteed to every nation
certain extent Of territorial sea, SUBJECT to
general laws and local regulations. And the
ports OF neutrals are Considered AZ a pro,
lection to one belligerent vessel froln the &C.
tack OF another. Where this protection.
then, is disregarded. it is q direct olation
Ut neutral rights, and OF public law, lncon-
sstent with that good tain which should e.
ven be more Conspicuous in governments
than incIv iduais.
All writer's who are admitted as authori-
~ upon the laws of nations, are ex plicit u.,-
OH TINS subject. The asylum (says ~. d.
a. Azuai in his Maritime laws OF Europel
afforded IN nay Or gulf, is no less inviola-
DE than III a portland every breach Of ju.
risdiction, committed in the one "a well an
in the other, must be considered as an open
violation OF the law of nations" And HUB
ner, writer Of celebrity IN 1869, partial 70
oeliiserents, and allowing OUT little 20 neu-
trais. speaks yet more poiutedly
"rhe sovereignty OF the place say. hey for
bids even the ships Of war or prrva,eers OF bel.
.iserents, from visiting or capturing the vesseis
OF their enemies within such neutral terrirory"
1t the commander OF ee.l,serent vessel
should SO tar forget himself TO exercis- any
act of authority, jurisdiction or hostility to-
wards other vessels within such neutral terri.
tory, he can on.y oiaue himself, il treated pro.
secuted, and punished, AS \ disturber OF tho
puolic reposc. and vio,alor of the suprema
later has full right, 10 proceed IN tlls man.
! ner. IT he does not CHOOSE, on some nacasIuu,
| TO exercise tins right, but contents himself
with complaining to the sovereign of such off
tenders, OF their acts OF violence, - All attenv
ton OIL his part which the other ought 70
| take kindly, and be the more ready 20 gave h,R
the fullest satisfaction.
We will make another extract in tina
! words of .dzuni, which defines aiso the IL
| mits of maritime jurisdiction.
1t is, in consequence, strictly forbidden, an
Well BY the universal law, as BY the laws and
Treaties OF all nations, 10 commence or .oa.in
ue any act ofviolence against any ship wnate.
Yer, within the limits oil the maritime Jurisdic-
ton OF friendly and neutral state, which, ac-,
cording to the principle established in the first
volume OF this work, chap. 2, artlcle Z, extends
| at least to the distance OF cannon snor or a.
bout Smiles from Shore"
Again. directly applicable to the case Of
the Essex.
So If one of the beiligerents appoint neutral
port place OF rendezvous for its sh,os OF
War IN order TO form squadron to act ssa,nts
his enemy, the latter ought always to respect
the asylum afforded them" Z" In the code OF
public law, 1t is an nconrousrfi6ie prTHciol t6at
the ports OF neural states are always an iavie.
taoie asylum, 30 long as the sovereign OF thu
place cannot be accused o. having dlsregarded
the duties of Neutrality"
Such, then, are in this case the PRINCIPLES
OF maritime law, which natural right. and
the usage OF ages have established. Fhev
are even acknowledged by the Turks, as
little as that people are supposed to regard
the established maxms OF law and JUSTICE
las appears by this article IN the declara.
ton OF the Ottoman Porte in 1902.
"Ships belonging to the beiligerent pow.rs
must abstain from all acts OF violence or ho.ti,
| iity against each other within the ports and
hsrbors of the Sublime Porte, under the can.
| non OF fortresses, and within the distance Of
| rhrce miles from its territory in Europe and A.
| sia."
| But England-that England, whose parasites
are daily proclaiming in our streets and public
| places her magnanimity and justice--disre,
CARDS the established laws of nations--tram-.
pies upon immutabe rights, and relying in her
power, commits from time to time the most
wanton violations. The pages of history ara
swollen with the record of her crimes-not .
nation on earth but has been The victim of ber
injustice. Tie English (says D'HI5reu q
Spanish writer Of about the middle of the ls,h
century, are the only nation that have been guiI.
ty OF these outrages; without regard to any
law, and against all reason, they seize the YES.
sells OF their enemies in the sight, aud under
the very cannoa Of neutral ports Ssch COM
duct (adds he) should not be considered a rule
OF general practice, since no one is bound to
regulate his behaviour by proceedings altoge--
| Their just" Nor can the Justice of the charge
| in this remark be denied, when so many proofs
ot its truth are in our recollection. Passing O.
yer former instances, we NUT all remember.
| since the French revolution, the treacherous de.
M he IL.