Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-09-03

not eiecuslly be done except by mutually ,
conceding TO each Others ships of war quaii-
ted right OF search. with power of detaiuing
the vessels of either state with slaves actually
on board ard reliarking that ii the American
government were disposed To enter into siini-
iarconcert,& could sug: estany further regula-
tons the better to obviate abuse, the BritishXo-
vernmsut would he most ready TO listen TO such
suggestions; their only object being TO coutri-
butte hy every effort in their power, To put an
end 10 this disgracefni traffic.
Mr.. Rush most readily promised TO trans
nat, to hts government copies of Lord Castle
reaghS Note. aud the documents which ac-
companisd il.
Towards The latter end of December, Mr..
Rush transmitted au answer to Lord Castle
REACH.
In this note, Mr. Rrsh states, that he had
hCen distinctly commanded, in the first place
to make known the sensibility of the PreSi-
| dent TO the friendly spir' Of confidence in
| which the treaties between Great Britain
| Portugal, Spain, aud the Netherlands aud The
, legislative measures of Parliament founded
npon them. had been communicated TO the u.
States and 10 the Invitation which had been
given, that they would join in the same or simi-
lar arrangements, the more efiectnaiiy 10 ac-
complish the beneficial object Ia which they
look. He was further commanded 10 give the
strongest assurances, that the solicitnde of
the United States for the universal eXtrpation
OF the Slave Trade continues With all the ear
nestDess which has so long aud steadily dis
| tinguished the course of their policy in reia-
ton TO il.
OF their general Probihitory Law of 1907,
MIR. kush says II Is unnecessary tor him To
| speak, his lordship being already appriz.d
| OF It's provisions amongst which, the autho-
! iity TO employ the national force as auxiiia-
| ry to It's execution, will not have escaped at
teDtion.
! But he has it in charge TO make known. as =,
| new pledge of their uarentting and active
/ desire in the cause of abolition that so lately
! as the mouth OF April last, another act Of
congress was passed. by which not Gully are
, the citizens and vessels of the United States
interdicted from carrying on, or being in any
I way engaged ia the trade /; but in which also
TIE best precautions that legislative enact
ments can devise, or their penalties enforce,
are raised mp against the introduction into
their territories Of slaves from abroad, under
whatever pretcXt attempted. and especially
| from dominions which lie more immediately in
iher heighDoufhood. That popularity in the
! S,h section OF the Act, which throws upon "A
/ defendant the labour ut proof as the condition
| OF acqmittal, Mr. Rush persuaded himsel
wonla be regarded as sgnally manifes,ing AN
| ahAtetH 10 suppress the hateful offence; de-
| parting as il does, from the analogy of cri mi
| uai jurisprudence, whchSo generally requires
! the independent aud positive establishment of
quit aS The hrst step Ill every public prose-
| cuIion
| To measures of such character, thus ear
| ~ adopted and sedulously pursued, he was
| further commanded To say that the govern.
ment of The United States, acting within The
| pale oil us CONSTITUTIONAL overs, would always
| be ready to supeIadd ANY others, that expe-
| rlence may prove TO be ne sessary FOR attaining
| the desirable end in view.
| But on examining the provisions of the
| ABOVE mentioned treaties, ii has appeared to
| the president, that their essential an tic,es are
| OF character not adapted 10 the CIRCUMSTANCE
es or TO the Institutions Of the United States.
| Inc powers agreed To be given to the ships
| oiwa' OF either pariy-to search, capture, and
| carry INTO port for adjudication the merchant
vessels of the Other-boweyer uualiti.d. are
| connected with the establishment. by ca CHI
| Treaty, OF two Mixed Conr,s, one OF which ls
| TO have It's seat in the COLONEL Possessions of
! The parties respectively. Naturalization of Such
| tribunals is necessarily regarded as fundameu-
| TAI 10 the whole arrangement whilst their ne
! cu'iar structure is doubtless intended. and
would seem 10 be indispensable towards I'M
parting 10 10 just reciprocity Bui 10 his
part OF the system the Uuied States. having no
COLONIES on The Coast OF Africa in the West
indtes, or elsewhere, Cannot il is said give eft.
| feet.
Moreover, the powers of Government i'm the
United States, whilst they can only be exerai-
sea within the limits, aSe also subject 10 the
| restrictions OF the Federal Constitution By
ae ia'ter instrument, all judicial power is 10
| be vested III Supreme Court and in sucL a.
| ther inferior Courts as Congress NAV. from
une to time, Ordain and establish In further
! provides, thot the Judges of these Courts shall
nora iheir otices during good behaviour, and
be removable on impeachment and conyic-
ton OF crimes aud misdemeanours There are
serious doubts. MIR. Rush observes. whether.
cosSihg Tie spirit OF these injunctions tie
government oil the United States would he
competent 10 appear as party 10 the institu-
tion oil Court Tor carrying into execution
their penal statutes In places uut of their own
territory Court consisting partly of Fo.
reign Judges, no, liable 10 impeachment u,,-
der Tue authority OF The United States, and de-
cia,ng upon their statutes without appeal.
AgaiD: obstacles wOuld exist he adds. to-
wards giving validity to the disposal of the
Negroes found on board the Slave trading
vessels condemned by the sentence Of the Mix
ca courts. 1T they should be delivered over
| TO tie Government of tire United States az
Tree men, they could not, except by their own
consent, lie employed az servants or free labo-
rcrs. Tie condition of Negroes and other
Pe"ple Of Colour i'll the United States, being
regulated by the municipal laws of the Sc
pardie States, the Government of the former
conid neither guarautee their liberty ia the
States where they could only be received as
slaves, nor controul them in The States where
they would he recognised as free
lheSe, MI. Rush states, are some of the prin-
clpal reasons which arrest the assent of the
Presldout 10 the very frank and friendly o.
Veiinie contained in Lord Castereagh's com
municatiOD. Having their foundation i'm Com
stiiniional Impedimeuts, the Government OF
ms britannia Majesty - onld know Low 10 an
preciate their force. IL would be seen how
compatible they are with The most earnest
wishes on the part Of the United States. :bat
The measures concerted by these Treaties NAV
bring about total downfall of the tr,ffic in
human blood /; d with Their determination to CO..
operate, 10 The uimesi extent of ihpir consti-
iuti0noi power, towards this great consurn,na-
tIon, so inpefiOUsiy due, at the hands of all
nations, to the past wrongs and sufferings of
Africa.
------=------------------