Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-12-21

tbueh0s Ryfes Tor condemnation, and gave up
the rest To the prisoners. Near an hundred
vessels, American, Portuguese Dutch En-
giiSli, and Others which were neutral between
buenos ANreS and Spain, were Spok en- during
the cruise all oiwhch were treated politely.
The general conduct of the SintGfeciRo, APP
peared TO be that Of regularly commissioned
vessel, her prisoners being trea ted humaneiv Il
their private property restored TO them, * per-
feet respect always paid to the vessels of ieu-
trail nations. Some of the witnesses who were
of the crew of the SdRtateciao, farther proved
that tie crew were dissatisfied with the colours
under which they sailed, and that the revolt a.
mong them was III consequence OF this dssats-
faction.
The only evidence offered on the part of the
prisoner, was paper, purporting TO be Il com
MISSION To the >antyecta,, and commission TO
the prisoner, as Sailing Master board OF
her, from the Government OF Buenos Ayres-
The District Attorney objected to their going
TO the jury, because
LIST. There was no evidence Of their being
genuine papers, as there was no proof
that bucnOs Ayres was an independent
Government, nor that the seals at
tached to these commissions, was the
seal OF BuenOs AVres
2d. If the Commissions were genuine pa
pers, they obviously did not belong 10
this vessel for they bore date in 30
Nember 1915, and the name ct the San
fajeciag, was rot borne by tii,s vessel
till the April following.
These points Mr.. u irt pressed with his usual
eloquencc AMI vigour.
MIR. CpshHr forthe prisoner, contendcd that
me papers ought 90 go To- the jury as evidence,
Ia he allowed Whatever weight they should be
found entitled To. He contcnded, that the
question whether Buen0s Ayres was independ-
ent or not was for the Executive TO decide and
not the Judiciary. 1hata late correspondence
between Don Onis the spanish Minister, and
the American Secretary of State, proved that
the Peep of Ruenos Ayres ere IL astate ofre-
volution, eNerting themselves TO throw off the
yoke of Spain. That there was AN exact and
perfect analogy between that contest, AID the
revolutionary contest of our country That
by the treat. Of 1888, by mum rous decisions OF
our Courts, recognise e the validity OF laws
passed during the revolution, q by express
decis ons on the point, Il principle was
settled, that our existence as an independent
nation commenced with our declaration of in
dependence iii l17G and not with the defntiye
treatyof peace III 1888. That bypiiity ofrea-
sOning, the independence of Buenos Ayres
commenced with their declaration of indcpen-
dencc, and as that declaration wuSa matter OF
notoriety throughout the world, and was more
particularly proved by the correspondence
between Don Ons aud Mr.. Monroe we were
bound to consider them an independent peo-
We. mat The seal of an independent nation
PToNedItself, and was not the subject OF proof
by any other sort of evidence. That il was in
IL nature the highest species of evidence, be-
cause no nation could delegate 10 subordinate
| AGENTS greater power or authority than il pos
seSSed ltSeit. That this principle was fully
recognized in the Supreme CONT, and il was
indeed an offspring of the comfy OF cations
which all civilized nations acknowledged
That OF course the seal attached 10 the com
missions IN the present instance proved Itself
proved The genulIereSs and object Of the
commissions, and that il was incompetent to
the prosecution to call for any other evidence
a 10 these points. This argument Mr. In
shur considered, applied to both points made
by the District Attorney, but even il it did
not, that there was notug in tine second point
because these commissions were executed and
dated IN BueuOS Ayres, in blank and were left
IN ..sf ON
III tbs country. hat this was Il satisfactory
mode oi accounting for the difference OF time
between the date OF Tie commissions and the "a
doptiOn ot the name Oft.e .Sshta(eci1O and that
there could be 40 reason IL believe that the
commissions had ever been used on board of
any other vessel.
The Court decided that the commissions
shonld 20 to the jury, merely as paperS found
on board the vessel. But on the main question
!ie Court was OF opinion, that nation became
independent from lis declaration Q. indeDcu-
uence, only as respects It's own government, X
the various departments thereof. That before
IT could be dcrcdindrpendent bv the Ju-
dietary offoreign nations. il was necessary that
us independence should be recognised bv the
Executive authotity of thosc nations That as
our Executive had never recognised the indie.
pendeDce of Bucnos Ayres, IL was not come
rent To the Court TO pTOsOuiIce It's udepen-
dence. That, therefore. the Court could not
achnowicdSe the right Of that country TO have
Il NATIONAL seal, AMI OfcOurse shat the seals al
t"cned TO the commissions in question, proved
nothing.
Upon tlts state Of the testimony, tie CAGE
was argued before ihe Jury. The cause oc-
cupted The whole 81 Thursday aUi Fridav....
ID Tic cOUisc Of the argument, Sir. Grshur
made the puiut, whether by tire act OF Congress
under which the prisoner was indicted rob-
perry on the higlseas amounted 90 piracy i'm any
case. The words Of the act are, thJt . Ifany
person shall upon the high seas or in any lia-
ven, bay, or river. out Of the jurisdiction of A.
nyparhculdr state, commit ma RIDER, robbery
on any other crime or msdemeanor which IL
committed in the body Ola county would bv
the laws OF the Unite States be punished with
death, u shall amount to piracy. The aren-
nent OF bir Jpshur was. that il was ne ressarv
tiat robbery should first be made panishable
with death by the laws of tie Iniic1 states
when committed on land, before IL could u.
mount To piracy. when committed on The sea
which was not nov fhc case That Iudos
johnson had so decided it IN Soutl,.C ar0iin.
althougha contrary decision had been sul,se.
gnentiy pronounced by judge Washington.
That TIE conflict between these two learned
Judges, proved thatthc law was 20 least doubt
fnl thdt me jury 10 acdpith case, were iu.g.
IS, as ven OF the law as the taci and vete
born1 20 acquif, where either was doubtful
ne NO"rt being appealed ~ tor the inter
pretation Oi the lazy, dccicd that II was iotue-
cessaFy that robbery should BE- punishable t,v
dea'h WnrH Committed on land, in os.lcr 10
ahloNol % pray II committed on tie oceau-