Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-09-06

d. And In protecting the said vessels from the conse-
quenccs OF such illegal traffic, by employ ing or threat
enng 10 employ, the naval forces of the United States
in their defence.
1t cannot have escaped observation that with the
exception OF the last matter, no intmaton sugees-
ton is made Of the manner means by which the allie
ged aid and assistance afforded This is now
mentioned not by way of Il legal exception TO the spe-
chca'ion but 10 excuse ourselves, if compelled
10 wander little in the dark, in seeking TO meet and
u'sprcfe the Charge We put the Freuch shin the Te-
es,aph at once out of our way, by asserting, as we
sai uhquesuonably prove, that gave her anv
so'' VI ana OF assistance whatever her CARVING on
any trade lawful unlawful or in sny other waY or
o' any oher purposes and that frc:n PROTECTING.
her from the consequences of her iegal traffic If Che
were engaged in any, she actually captured bv :.
Iatrlot snip OF war, directly under the guns of the
Franklin, when, by the smallest movement for her pro
lection, the capture might have been prevented. but
captain Stewart had nothing TO do but with the vessels
ana property OF the citizens of his own country
AS 10 ho anton we answer, that the ship and her
cargo were both, and entirely, the property of citizens
o. me United States. and were, therefore, both entitled
10 The and and protection of ship Of of the United
States while employed in lawful commerce. This
vesse sailed from the United States in the CHARGE of
caPtain o'SuiYan and Mr.. HoIatio Wa-d who were
Join supercargoes, the former being also master Of the
SNIP She arrived at Valparaiso where the greater mart
OF the cargo was purchased BY Captain EIip,aet Smith
OH coui'on that 1T should he delivered to Captain Smit,
al Aica or 9uilca, two of tie ports of Peru called the
lntermedlos. "-Of course until the arrival of thc
oous purchased at one Of those ports the sale was not
co'nfeted. The Canton sailed from Valparaiso for
area and Quiica, in charge of Captain OSullivan in
order TO denver there the goods purchased by Captau
smith, according 10 the terms of the contract She
sailed IN May 1922 and she did ro from yalnar,;s IN
area and Quilca, under the convoy and protection of
'ne rankln but II is utterly and explicitly denied that
sne carried on any illicit conraband trade that she
any Oh the laws and DEGREES of the existing 60
Veinment OF Feru or transported landed any arms
i''ay stores, or contiaband articles Of any kind, at
the ports mentioned, other ports On the con
rary 1t expressly alleged and will be expressly pro
Ved that all the cargo taken in the Canton from VaIna
S1 consisted OF French English, and German dry
Is. ms oil, aud
same peaceful characters and il is further expressI ~
eged and will be proved, that all tie goods landed At
he saiu ports from the Canton, duly and repuarv
e'ereu IN The Custom Houses Of the said ports accor-
Ding to, and under the authority of the laws of the ~
s.ng ,ernnent; and that all the proceeds of The sales
Vi me sad cargo of goods, consisting wholly of spece
ana ouion, were also taken on board the Franklin with
huowIedSe and assistance OF the officers of the said
Houses, and under the authority of the existing
governments and, of course, that in relation TO Tins
sup ana her cargo, the accused neither employed nor
threatened to employ, the naval force of the United
states to protect her from the consequences of any e
gai raihc-and further, that far the accused from
aVg any disposition intention give aid or pro,cc-
ton to any Illicit trade that refused to give conway
TO the Canton from Valparaiso TO AFRICA until she had
-1ue at aiParaiso some arms she had brought from
New oIk Snd these were accordingly landed.
2diy AS to the brig Pearl, enormously called shin
III me specialization, our answer is short and explicit
The accused never gave her CONVOY Lor aid or asst
lance OF any sori kind, although she was an Ameri-
can 'essei; on The contrary when convoy asked for
her, he refused it, which was subject of complaint
ss",hst nm by the master and mate of the Pearl that
board. ~ W " ~ o''
"dly. In like manner with The English brig, the sa
ran e accused had nothing 10 do with her. any shape
"l manner, or for any purpose. He never gave her
CONVOY, protection, or aid or assistance of any kind
In relation TO te validity of the blockade of QuiIca
oy the Fatrots, the Counsel says-In letter from our
ecte'ay oil state 10 Mr. Provost, the transaction is
expressly referred to- and the ground taken by the ac
cuseG explicitly supported. 1t is declared that Can
tam stewart could not have submitted to the Canton
ip worry e.I.,-
~ submitting, thereby, TO the validity of the blockade
III us most iIccn;ious eXtcntn think il will be hoard
WIN some surprise by this Court, by the American
cope 10 whom these specifications have gone forth
through every newspaper that this charge Which stands
Pre-emIncnt on the long list for its bold and criminal
aaIng, mas oeen thus explicitly justified and commend
Gu ny inc American government by general ,nstruc
lions or strong Implications but by direct reference
! to The transaction itself
"a spec This specification charges the accused
WIN saiIhS with The United States shin Franklin in
June and july 1928 TO the IntcrmediOs for the purrose
o. aiding IN private and Illicit traffic. and with view TO
Ills own private cmoument.n
lie cheerfuly meets this suggestion sovs his C,ornsf
IN Tie broadest and uncquivocaI terms of denial
ana dchance lie asserts only from the absence OF
' " "aVe proof OF the fact, but from such absolute
anu u"ect testimony as the proposition is capable of
mat he had not at the period mentioned and never had
a any other period, directly indirectly absolute or
contingent immediate remote, interest of any
description to tie value of cent in the Canton in bev
cargo or IN any of the expectations enterprises or spe
cuiaors, IN which she was concerned tIat he had ro
pccunlary conneXlnn, concern interest with apt f.
smith, nor with any other person. under whose care and
u,recon te SAID ship, her cargo and movements were
paced and that all the aid and projection lie gave to the
SAID ship, had no view whatever 10 his own interest or
gam but was induced solely by desire perform what
ne considered to be his duty and according TO his in.
shchonS In giving the projection oi ship of The Uni
en states TO citizens of the Uuitcd States engaged in
e prosecution of their lawful business and trade and
'he exercise OF their undoubtcd rights.
80 spec. The Sd specification charges the accused
@h preventing The Peruvian brig Belgrano from en-
forcing the laws OF the government by taking and send
ing In Tor adjudication 1.-The Ship Canton detected in
carrying on an Illicit trade and in being concerned in
me pecunary profits of the Illicit voyages and transac
tons of the said ship Canton.
mere was no Illicit trade attempted or intended bv
'he canton; there was charged upon her by the
commander of the Begrano, whose only pretext for
taxing her was tie breach of fictitious blockade lille
ga and invalid. and cnn.idered and docl,rcl b.