Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-07-30
By PLEAsANTs & BUTLER. !?
RICHMOND, VIRGINIA, FRIDAY, July 30, 1874

and more eifcctuai measures, and then pr,cceJ,
with an elaborate review of all the objection.
Whfcn, III the previous correspondence between
the two Governments, had been taIsen nm o,,r
part 10 the British connected proposal of a mn
tuat right Of search, and trial by mixed c,n,-
MISSIONS. Our objection had been of two kinds.
nrst 10 the mixed commissions, as Inconsistent
WIN our Constitution: and secondly, to the
I,s,. OF search, as a dangerous precedent, LA
PIE To abuse, and odious TO the feelings and re-
collections of our country.
IN TINS ietter-of Mr.. Canning. the proposa1
Oh trial by mixed commissions is for,nailv with
drawn, and an alternative presented as practi-
cable, one side of wii4tl, only, AMI tla, The in.
admissible side, is distinctly offered, namely. of
tfiai by the courts of the captor. The other
SIDE OF the alternative would, indeed, rcnovc
our constitutional objection, and with il mirht
furnish the means Of removing. the nrnr;a 81
inherent objection to the concession of IN. r;e,t
oi search, That by which the searching officer is
uhucr no responsible control for that act
nut, III our previous correspondence orr
s.rons repugnancc to the right of search ba,
been aiyerted to- merely as matter oft,ct. viii
o't tracing It to ITS source, or referring to lie
causes. Ihe object of this forbear.,nce had
c ceGl, 10 AVOID all unnecessary collision with
iceiings and opinions, which were NOT tho s,,na
on the part of Great Britain and nnon o,,rs
Ihey had been willingly left undscnssed. This
letter OF air. Canning, however, professedIv re-.
rie"ihS All the previous correspondence. for
.hc removal or avoidance of our objections. and
contestng the analogy between the r;rlt of
search, as it had been found obnoxious to ne :
ana as now proposed for our adoption by formal
compact, have been under the absolute neccs-
sity Oh pointing ONT the analogics really existing
between them, and of showing that. a, rieht ~
search independent of the right of rnoture All
irresponsible or responsible, only to the tribn-
mas OF tue captor, ii is, proposed, essentially,
liable IN the same objections as it had bcnn
when exercised rs belligerant right It's en-.
c''oach'nS character, founded in IFS nature as
an irresponsible exercise Of force, and exem-
piiied IN ATS extension from search for contra
band OF war, to search for enemics' property.
ana thence TO search for men of. the searchei,s
own nation, was th1s necessarily brourht into
view, and Connected the exhibition of,ie evils
inherent IN the practice, with that of the abu
SEES which ha'>, been found,inseparabIe from il.
I" g have declared the slave trade, so far "a Il
may be pursued by citizens of the United States
piracy; ana, as snch, made it punishable with
death. The resolution of the House of Repre-
senta'iVes recommends negotiation, to obtain
.he consent OF the civilized world 10 recognize
u as piracy, under the law of nations. One of
the properties of that description OF piracics IS
that those who are guilty of it may be aiken mn
on tiie hish seas and tried by the courts of eve
~ nation. But, by the prevailing customary
law, they are tried only by the tribunals of the
nation to which the vessel belongs in which the
piracy was committed. The crima itself has
oeen, however, in modern times, of SO rare or
cnrrencc, that there is uniformity in the laws
Oh tho european nations wittire@lrd to this point
Oh winch we have had remarkable AMI decisive
proof within these FIVE years i'm the case of Mira
cy and murder, committed on board the schoon
er l1attsburg, merchant vessel of the United
States. Nearly the whole of her crew were
implicated In the crime, which was committed
on the high seas. They carried Tie vessel into
Christiansand, in Norway, there abandoned
her, and dispersed; three ofItem were taken IN
IN denmark, enc in Sweden, one at Dantzig, i'm
Prussia, and one III France Those taken I'm
IN Denmark, and in Sweden, were delivered M
to officers of the United States, brought to this
country, tried, convicted, and executed. The
man taken at Da0tzig, was, by the consent of
Tie RUSSIAN Coy eminent, sent TO EiSneur AMI
there confronted with those taken i'm Denmark
The evidence against him on the examination
was decisive. but, as lac persisted in the refusal
TO confess his guilt, the PFnssian Government.
bound by an established maxim of their MUM
cipal law, declined either to deliver hin I'D. or.
TO try him, themselves, but sent him back to
Danizig, there to remain imprisoned for life
The frcnch Government, upon advisement of
the highest judicial authority of the kingdom.
declined, also, either TO try the man taken up
there, or to deliver him up, unless upon proof Of
his guilt being produced against him, at the place
where he was confined; with which condition.
1t not having been in our power TO comply, the
man remained there, also in prison, presumably
for life. From these incidents, it is apparent
that there is no uniformity in the modes Of trial,
to Which piracy, by the lazy of nations, is sub
lcctcd in different European countries but that
the trial itself IS considered as the right and the
duty only of the ration TO which the vessel be-
longs, on board of which the piracy was com
mtted. This was, however, piracy commit
ted on board of y vessel by its owe crew. Ex-
tcrnal piracics, or piracies committed by, and
from one vessel against another, mar be tried
By the courts ut any country, but more 1s,,-
ally Tried by those of the country WHOSE vessels
have been the sufferers Of tie piracy, as NAM
of the Cuba pirates have been tried IL, the Dri
tish West India Islands, and some of them in
our courts.
&C This principle we should wish to intro
duce into the sytem, by which the slave trade
should be recognized as piracy under the law
of nations; namely, that. although seizable by
the officers and atitloJities Of eYery nation
they should be tri9bie only by the tribunals Of
the country of the slave trading vessel. This
provision is Indispensable ~ guard the innocent
navigator against vexatious detcntions, and all
the evils of arbitrary search: In committing to
foreign officers the power, even in case Of con-
vcutional piracy, OF arresting, corfning, aud
delivering over for trial, citizen of the United
States, we feel the necessity Of guarding his
rights from all abuses, and from tue application
OF any laws of a country other than his own.
'''Thc draft Of "A Convention is herewith en-
1t - ID.