Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-06-04

could go no further than To exempt from the
criminal prosecution, those Of the crew
supposed 10 br few m number, who might he
selected at witnesses on the part of The state
or crown, lea'in the rest open to all IN. pen,
infections Of the convention. The British
Plenipotentiaries ultimately agreed, that the
objection WAS unfounded. learning from
their law oGcers, that, the right of witness
not to answer, where a confession of guilt
might be- involved, was merely general shield
thrown over him, 10 b. used or not according
to circumstances and the opinion of the court.
without otherwise affecting the action at law,
or public prosecution, in the course of hich
the right might be claimed. Ii was an indie
pendent right, that stood upon its own basis,
the existence aud knowledge Of which was not
previously to fOreclOse the institution Of this
or any other prosecution, any more than il
would the institution Of a suit in a court of
chancery, or before any other judicial Il ibunal
They next drew my attention To the fifth
article, which pravdes that person shall
be taken out of the captured vessel, point
that had declared would he considered by
my government rs Indispensable. What then,
they asked, might sometimes he the lot of the
slaves Suppose an hundred Of them, ar
even more, on hoard the captured vessel and
that vessel perhaps small one; suppose
them all crowded together under such circum-
stances ot cruelty. that disease was among
them, and death daily thinning their numbers
suppos'iion not exaggerated under all the re.
collections oftlis affecting traffic. but too like
~ Ia he often realized as long as il was con-
hnued what, in such a case, was to he done /?
replied, that did not, for myself, under
stand The word person as applicable, IN this
sense, to The slaves, but to the crew Of the
vessel. Nor did regard the term cargo.
against which "a prohibition of removal alike
Indispensable existed, as descriptive, under this
convention, of the slaves. Hence, when the
removal OF the latter, ~ of any portion of
them, should be found obviously necessary.
from pperious mOtiyes Oihumariy, saw no
sufficient reason for questioning the proprirty
OF allowing, under suitable regulations, such
removal Ia take place.
As no person brlonging to the crew was to
he taken out, the British PIrnipotentiares,
continuing their remarks upon the fifth article,
next said, that power on the part of the
capturing ship 10 conine the crew below, or
otherwise restrain them, would he absolutely
necessary Ia contingencies Ia be fairly inag tined,
To give full effect In the principles which the pro-
lect intended to secure. The delinquent vessel
as ofteo happened, might he powerfully man
ned. These men, rendered fierce, not To add
desperate, by their vocation, and the perils to
which by capture they would become ex-
posed, could not want the desire, aud would
naturally watch the opportunity, of overcon-
coming the captors in whose custody they
were placed. Ought not, therefore, the cap
tors tn he furnished with adequate means OF
Keeping the mastery over them until the
captured vessel was safely conveyed to her
destination
Such were the principal amendments or
suggestions which the British Peni polentiaries,
at an early stage, put forward, and they were
discussed between us in temper frank and
am'cable They declared that they did no,
offer them in the spirit Of objection, but under
sincere wishes 10 secure for the plan, at all
points, the recommendations and potency
which 1t must he supposed each nation equally
aimed at imparting to it. Ii was designed TO
act upon stubborn as well as malignant class
OF offenders, whose cunning was not behind
their deprayity, and who had hitherto put To
scorn The Efforts of good men in all countries,
To check the stupeudous tnormiiy of their
deeds. They concluded with saying, that
they would present TO my consideration ii
counter project on the part of Great Britain
embracing what they deemed to lie the ncces-
sary provisions upon the whole subject |
replied, that the articles Of the plan which I
had submitted, had not been drawn up TO the
exclusion of others, tina. Great Britain nigh,
IN turn nave to propose nor were they all to
be Insisted upon IN the shape in which they
first stood. There were, indeed, cardinal
l..
be departed from: but there were others, as
well as much OF detail, open TO whatever al
terations or additions both parties might be
able to agree IN thinking proper and useful
THIS was the spirit in which knen il to be
the desire of my government that the negotia
tion Should be conducted
The essential principles of our plan, as gath.
cred from my best attention t. it, in connec.
tI"D with your Instructions, considered 10 be
LIST. That this nation WAS 10 declare the
slave trade piracy by act of parliament. Q
That the captured vessel was to be sent To
her own country for trial before its own tri-
bunas, and never before those of the captur-
ing power. 8. That no Individual belonging
to The crew, was ever TO be taken out of tn,
accused vessel a. That the capturing officer
should be laid under the most effective respon
sibIy fur his conduct, In all respects. 5. Tina
no merchant vessel, under the protection, OF
IN the presence of a ship of war, of her OWE
patton, was ever TO be visited by ship of wal
of the other nation. | informed the British
phnlpotentiaries, unreseIvedIy, that / could
consent TO nothing that did not give full secu-
rity TO each and all of the above principles.
knew that some of them bespoke a great
change In pre- existing principles and usages,
under the maritime code Of the world bur
the change was not Cor light, but high objects.
and was believed, by my government, TO he
the only means ny which they could be ade
quaiely and permanently secured.
AT The fourth conference their counter pre.
Jet was brought forward | was happv IN
find that it acceded TO all the principles that
are above recapitulated, adopting too. and
largely, the language in which our own article,
had been framed 70 IFS first article Ln,,