Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-01-01


rlause in the present Act, extends this punish
ment TO a fine OF ten thousand dollars, and TO
the horrible imprisonment of ten gears What,
my dear Sir, could be the ground OF this alter
alton Can YOU imagine IL surely could not
be that" sympathy which the President tells
us il was natural for the citizens OF this coun-
try TO feel for the oppressed and insuIted inlla-
bltlnts of Spanish America BE the cause what
Il may, that man must be a burgliDg lawyer, in
deed, who canuot, upon this section oft.Ie Act
ind the means OF cOnvicting amy man, and OF
exposing hinlto apuiIiShment more severe than
that OF death tor having been concerned i'm the
furnishing or Citing out Ut any vessel, with IN
tent that Snch vessel shall be eApioNed in the
service of the Spanish Colonies to carry arms
or mantionS at war, or to carry provisions, If
intended % further any warlike measure what
scever.
The second section OF the present Act has no
corresponding section III the former Act. The
bonds required by this section are WHOLLY un-
Known To any law before IN existence. Whcth
err they arise nom sympathy or not, they have
arisen entirely out ofa knowledge of the pre-
sent struggle IN South America.
The third section of the present act is also
novelty from the beginning TO the end. By
this section any vessel ndRlfesiy built for icar-
iiSe purposes, aud the cargo of which shall ptiu.
cipaily consist of munitions of war, when the
number OF men shipped on board. or other cir
cNnst0RceS, shall render il probable that such
vessel is intended 10 assist either of tho beli-
serents; IN every such case the collectors of the
customs are required 10 detain such vessel =
~
Il sympathy without bounds The vessel, ven
VIII observe, must mGaUeStly be 5niit for ,rar-
hlfe purposes. But, then, yOu will observe that
the collectors of the customs are the sole r}cys
Of this manifestation, and that they are also
tie sole Judges of what the words ,raJiii.e mr..
p'Sfs NAY possibly mean. The cargo of the
vessel must consist principally II Grais iJd mWni-
t'tbs ~ FO; but then Il i thc cOlCCtcrS of the
Customs who are to be the sole Judges of what
B'HR.tioHs " cdT may 'Ueda, aud who will pre-
'S"G 10 say, mai cOoAing utensils, tent cloth,
cernhse, ciothins fe%cry sost, ani even pro-
VISIONS, are not munitions OF war Bat, lest
WIS discretion gwen 10 thc collectors OF the
customs sSo;ila SAL be of limits TOO narrow
they are also To be abSOiucs Judges, whether
TIE number OF men n board 80 not Constitute
q sufficient grOun1 for detainiag The vessel
Nay, lest thcy shOuid not be sufficiently al
large with ali tins discretion a the:r hands
tiley are allowed 20 DEAN upon the ground OF
" 0tler circaUtStJItoes Did ever nan hear OF
discretion Ike this before Bat all this is no
tblng compared 10 What iJiiowS: for tlIey are
10 detsin the vessel, If it be PROBABLE,
thff she destined 10 ai1 or co operate in ANY
watlrke mrasure ;and OF this probability, they,
aud they alone, are 10 DE the Judges and that
too, without auy Responsibility, iuat cant dis.
cover an any part u! fms act Sut SilI, these
collectors are only empowered 10 detaiu 10
Gc;an Why, ,hat Is every thing 10 nc sure ;
. or. - the vessel proceed, bond 10 double thu.
atnauDt OF The vessel and cargo must be rivep
t. be !oitelted itthe va,,et ,hail be cfnpioyed
an dsdsag or "a 90 operating ia q3y :sliliss .sea.
ST. irhGtS1trtr
And, here II is that we come 20 lhe question
hetoFe mnoted- namely, whether this section
OF TIE Act d0es 81 dues Dot 90 the eNteut OF in
ending veSSe,S not armed and to this we
have at hand practical answer Bat there
requires no precedent here; there reua;res
notk'ng bHt the section Itself 10 siev ihati!
embraces every vessel having munitions Of war
on board, tcr, as TO; ire word prince )7iiy il may
moan a0y tang al such case as tliis and So
nay the words lr1rfiTe purposes" / vessel
lneieiose, Whicn IS Il Transport. aud every YES
sci Is transport Il she catrieS thugs 10 supply
a Meet or an army, every vessel which is en-
pioSed as a transport fairly comes under this
seCtion OF the Act But, there has happened
~ TnnAdeiplia, It ann rightly informed some
thug which can leave no doubt whatever in
the i1Ind of any nan Iyi9s.
AO0nt SIX or seven weeks ago, eleven Eng-
liSl gentlemen, being half pay officers or 9th
er"ISe recently IN tse service OF Eng land, ar
rived in the United states They took a mas.
sage for themselves from Philadelphia to the
Danish Island OF 81. Thomas, on board an Anne
Ticdu vessel, having an American captain and
owners, aad which vessel had cleared ont for
Surinam, aud was ordered 10 20 TO ST Thomas
hnh 4 market. These gentlemRm had out on
Do"iu their baggage, together with equiprnpnts
for drd4oo"s horse each; besides which tue
vessels cargo consisted, as / am told wholly
vi arms ana other munitions Of war Upon in.
formation laid, these officers were arrested at
tue suit OF the Attorney General OF the United
states. They were irsT put into the common
I2'i ter one day and two NIGHTS They were
tden brought before two Judges OF the United
States, and were committed for trial in Apri
nest, in default of bail in the sum of three
Thousand dollars each. They now, as under.
stihG. remain ia Jail. They are committed
ain Informed, under the fifth section of the act
OF 1898, which, II would appear. is still in force
and which puDishes with fine not exceeding
three thousand dollars, and an imprisonment
not exceeding three years, - any person who
shall within the territory or jurisdiction of the
United states, begin or set on foot, or provide
or prepare tie means for any military eXped-
ton or enterprise to be carried OH from thence
against the territory or domInionS of any ia
reign Prince or Stats with whom Tie United
States are az Peace"
Row. whether jury will determine that
these gentlemen have set on foot any military
expedition or enterpIize TO be carried on from
the Og.ted Nt1taS, Is great deal more than |
shall venture 10 determine. Bat, what 1 am
very sure OF - that II this section Of the act of
1874, Tan possibly be brought to operate in this
way, there will want something else to be done
before the Gnited States can say with truth
thai they have maintained, during the South
American CONFLICT, an : impartial neutrality :"
npoH which sagect, however, 1 shall speak
more at large by and by, having been here ra-
thei led away from my Immediate object,
watch was 70 snew, that this third section of
the act of March last, would naturally extend
in its operation, to UaaMed vessels, If they had
munitions Of var on board
am informed, tiiat the BRIG ELLEN which
was tue vessel on board of which tie above
mentioned SentieLleu had taken their passage.
no'o stD.Gs E5eHed 0a the pist Of her beiag a
transport an inter thc dathVritg ef the fbird
section IF BE aol Vhich hige atose Inserted
This is quite enough Here is not ouly tIe law.
the letter o. tie Law but here is the c0ustruc.
ton of the law by tne-Attorney General of the
Ubted states, aad here is also thc practice OF
that law.
But, it may be said, peyhsps, that, noyel rs
this law IS, entirely ness in lhls world as are .fs
principles, severe, uncOmmOniy severe, as are
the pua,shments si!ichi tInd.cts: uHparaIle ietl
~ ate itsdlscrtti5naTy powers: siiIlitnay, per-
haps be sali that { is imyaifi.I ltmav se ,.ud
fhAtitis ashsri .ffiou the f.t .tdsanJalpffors nj