Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-09-13

According 10 The practice Of The would and The OPT.
Mons Of writers tn. law of nations, the murder cnm
ni''ed on board British frigate navigarg the high
sea- "as murder within hs jurisdiction OF The British
| nation "
1.-The proposition TINT the United States had urs-
dicon over th- murder committed by Thomas Nash, is
believed 10 be completely temons,rahle
"Suppnse duel attended with III in the flee, Of
foreign nation in vessel which returned SAFE TO
pol could BIZ prir nded that Govrrninen MT on
other Tho that Ia Which the fleet vessel belonged had
Jurisdiction IN i,t ca>s; or that the oirutpr cluld b.
'rrd by ih- lawson tribunals OF amy other nation what
ever:
"Surpos= private rh.fi Ivy mariner ron another
and hr ss rrioh Is voyage and return sci. Is
would II he c"r'-ncd that all na'ns have quail coen
Of HE crime, and equally authoriss 10 punish
/ =
1.-The right uC every nation 10 punish is limited in Its
nature TO Gf-rcss against the nation intctlng the pu
ni>hmfnt This principle is believed 10 be universally
! lrur.
Il comprehrnds every possible violation Of lis laws
IN It's own trrfI"ry, ard II extends 10 violations com
miiisd srw ip,e br persnns II has right 10 bind Ii
extends also Ia general piracy
"A pirate, under The law If nations, is an enemy nf
the human Being The Of all he is liable 10
he punished by all ANY &C; which denotes this unIyer
sal hostility. s In oct Of piracy. Not only an actual
robbery Therefore, tu. cruising The high seas without
| commission and with intent 10 rob Is piracy. THIS
is an offence Against ali ard every nation and Is there
| fore alike punishable by n!! But offence which N
us nature AFFECTS only particular nution is only pun
| isha biz by that nation
sit is by c"nfound;rg general piracy with piracy by
statute that iadisDct IDEAS have been produced res
pec'ing the power 10 punish offences committed on the
| high 3"
a statute may make any offence piracy, committed
within Tho jurisdiction OF the nation passing the statute
and such offence will be punishable by that nation But
piracy, under the law Of nations which alone is pnn,sha
bile 10y all nations only consist which IS
"ffrnce against all M particular nation increase
diminish The lis, of of' noes Inns punishable
." had bfen observed by his colleague Mr .frhoias)
fer the purpnse of showing that the distinction taken
this sub Jet by the gentleman from Delaware Mr. Bay
ard naccurste-ihat vessel robbed lhe h,g
could BE- the property only Of single naIion aud
being only "trnce against that nation, could be- on
the principle taken By the opposes OF the resolutions, no
OtrDce against the law OF nations; but IN this his col
hague had not accurately considered the principle. As
man. who turns ont 10 rob the highway, and forces
from stranger his purse with pistol 81 his bosom, IS
not the particular enemy Of that stranger, but alike the
enemy Of every man who carries purse; those who.
without commission, rob the high seas, manifest
temper hostile 10 all nations. and therefore become the
en-mrs Of ell. The same inducsm. MIS- which occasion
the robbery Of vessel exist the robbery
Of Others and therefore, The single offence is oifrnce
agains, The whole community of nations inanliests
temper hostile 10 all Is The commencement of an attack
IN all, and IS, consequently, Of right, punishable by
all"
1.-THE gentleman from Pennsylvania (Mr. Gaidtin)
admits, that no nation has right To punish offences
against another nation and that The U States only
punish Offences against their laws and ihe Law o!
nations He admits too that. il there had only been
mutinr land consequently II there had only been
der) IN board the Hermione that the American courts
could have taken cngnzance of the crime Ye mutny
IS punishable piracy by The law OF bth nations That
gentleman contends. that The act committed by Nash
piracy according 10 the law Of Dutions lie supports
hls position by Insisting that the ofrnce may be cuns
tuied by the commission OF single act-that unauth"
rzrd robbery on the high is this act-and that the
crew having sezsd the vessel and being out OF The pro-
lection Of any nation, were pirates.
"ts Irne, that The Uftrnce may De complete! by SIN
gle sci; but II depends the nature OF that act !!
be such manirs,s general hostility against the world
An int nlion 10 rob generally. then IL is piracy bot II
| it be merely mutIny and murder in a vessel tor the
purpose Of delivering up 10 The enemy, 10 be
offence against single nation aud not TO be piracy
The sole object Of the might be TO 90 over 10 the
enemy or 10 free themselves from the tyranny expe
rpncrd on board ship OF war end not TO rob gene
! rally :"
The decisions Of The Supreme Cour, Of the U 8. in
the cases. which have gone before that Court, in
Iormy with the doctrines laid down IN this argument
The other question, advertet to IN the article in the
C"mprr-tha oi propsry-it is stated IN that article,
be decided according to the laws OF Spain II is
hrrvsd that there treaty between Great Britain and
Spain for the suppression of the slave trade. II the
persons who cusody have been brought !rom
Africa in vessel engaged in traffic Of slaves in vo
aon Of that treaty. and The vessel has beer brought Tor
adjudication, before commission organized under the
treaty and been condemned, then II is supposed they
must have received from The Commission certificate OF
emancipation The probability, however is, that the
vessel IN which these persons brought from Air
ca has been before The commission for afjudlca
lion that they have been landed upon Spanish island
and there s"ld and that at the time they ovepowerec
III" crow Of the vessel it was engaged IN transporting
them for their purchasers We must be informsG
10 the law prevailing in the Spanish islands since the
treaty brtwern Crest Britain and Spain in reference 10
The actual state Of facts, before Jay, whether
these persons are according 10 the laws Of SPAIN free Or
SLAVES.
DEATHS.