Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-12-22

saw on the Coast number of whalemen was
supplied by one, the Lovely Ann, with an an
Choir aud chain cable, had been toIerably sue
cessful. IDA. .4dp.
JEUNE EUGENE.
| December l4.--The Circuit Court of
the United States for this district opened at
III O'Clock yesterday. The District Attorney
moved for leave to file new count, in the
case of the Jeltne Eagenie, containing an allie
CATION, founded on the statute of 1900. Leave
was granted
! Judge Story then proceeded to deliver his
opinion in the case. 1t was interesting elo-
quent and able we shall only attempt to state
very briefly some of the principles he laid
down, as they occur TO our recollection, and
aswe were able, imperlectly, TO note them
down, as pronounced by the Judge
| The libel was against the Jeune Eugene. for
being engaged in the Slave Trade. The counts
were numerous and founded upon the statutes
against this trade, as well as upon its alleged
| hostility to the Laws of Nations
claim was advanced by the French Con-
sui for the vessel, as being the property of
French merchants.
The eloquent Judge remarked upon the
difficulty of the case, that it involved impor-
tant political relations, and that it had already
become the subject of diplomatic correspond
ence between our government and that of
|
bound TO pursue Il direct course and TO decide
according to correct prnciulcs.
| The vessel in question iIad oJen duly docu-
mented as French vessel, and was found on
the African coast, undercircumstances, which
LETT no doubt of her having been employed in
the Slave Trade. Her sailing with French pa
pers would be in ordinary cases printa facie
evidence of her being really French vessel
But IN cases like the present, requiring disgui-
SEES, the rule of estimating the weight of this
testimony would be. different. There were
circumstances TO excite a jealousy of the re-
al character of this vessel. She had been for
merry American, and had been naturaliZed as
French vessel but three years before her
capture. The French and Portuguese flags
| alone protected vessels in the Slave Trade ;
and from the manner in which this trade ha d
been usually conducted, there was reason for
| supPosinS, That French papers were often i'm
| properly procured No bill of sale of the
vessel from American to French owners had
been exhibited. 1t was also a well known fact
/ that American citizens had been actively en-
| ployed in the Slave Trade. American Courts
ought therefore tn have their suspicious alive
1t was doing no injustice TO foreign merchants
| to require them to show that no American
merchants had share in the cases of this
traffic, which might come under the cogni-
Zance of our Courts. We however under
stood the learned JudSe tn waive the objection
as TO the real character of the vessel, and to
4 proceed to Judgment on other independent
I considerations.
| The jurisdiction of the Court in the pre-
sent case, he observed, had been denied. 1t
had, however, been asserted, on the ground
that the Slave Trade was against the Laws of
Nations and repugnant to the municipal laws
OF France.
Before he considered the relation of the AZ
rican Slave Trade to the Laws of Nations, the
learned Judge went into an elaborate investiga-
ton OF some preliminary considerations. The
distinction between right of search and a
right OF seizure, was very fully and happily
Illustrated.
In discussing the repugnance of the Slave
Trade to the Laws of Nations, we shall not
pretend to copy the eloquent language or for
chile argument, with which the affirmative
OF this position was maintained. After sta
ting the principles from which the Laws of
Nations might be deduced, and referring to
the several treaties and official acts of the diff
ierent powers of Europe and of this country,
IN which 1t was declared to be repugnant to
Justice and humanity, the learned Judge in
ferred that he was bound to consider the
Slave Trade such an offence against the Laws
of Nations, as demanded con!iscation of yes
sells employed in it.
He then considered the operation of the
Laws of France upon the case. BY these laws
the Slave Trade was prohibited. Where
therefore title to property is found upon
what one nation considers a crime, and adj
vanced in the Courts ola nation which con
siders the same offence crime of the worst
character, it ought not be considered a sufii-
Gent title. As to the form of his decree he
observed that the vessel not being American
property 1t. Stockton could have no claim
! upon 1t 1T must either he given to the u
States as unclaimed or forfeited property, ol
! be kept for the final decision of the French
+ government
I This latter course had been suggested b,
the District Attorney, but it was opposed by
the agents for the property who insisted upol
} having the property surrendered to- their dis
posa or finally proceeded against by thu
. Court. o.
This determination had imposed the un
pleasant duty upon the Court of deciding TIM
case upon its own merits, full view Of whicI
and of the principles ofLaw applicable TO them
had led II to the conclusion, that the Jcun
Eugene was engaged in traffic repugnan
both to the universal Laws of Nations and t
the Municipal Laws ofFrance.
The decree OF the Court therefore, was
, that the ctdim Of the pretended olcuers be reject
! ed, and Tint me Jeupe Eugene be delivered I
he Consular .Agent oChe King Of France, I
+ be deab 'cih as he may think ill.,
u The above is very imperfect outline @
: the able and interesting opinion given in th
l. casa. Wehave been prompted to give il wit
all its imperlections to our readers, sby tn
. general interest which the case has excite,
y We understand that the opinion OF th0 learr
!, ed Judge is shortly to be- published ut engt
y in the form of a pamphlet fPatrioi.
: OUR NAVY