Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-12-01

Il. r
su -, be o,y,n: Anl if not, what becomes VI
the distinction attempted TO br 'aken a., :, ,,s
Rut another meaning NAV be inteheea liat - was
=, vol,,;on of the law Of nations to extend the ac''
nv I,;,;nn of Slavery in the British territories,
.. ,s. sueh ms the Enterprise Ii that is intended,
!, would b. like all the other distinctions whch nave
been aitempted-out an assu''p''' " '"e p'"'
controversy. ..-, ,, ,rr,rocnt
advanced by the British negotiaor to sustain the d'snc
ton which he has attempted between the cases Oh IN.
Comet and Encomum, and that OF the ENTERPRISE an"
have trust abb shed, beyond controversy lat teie
:; ~ r,topal ernund whate YER for the Distinction
When aga pressed OIL the subject by our minister VINO
was not satisfied with his arguments, he assumed tue
broad ground that G. Britain had the right TO looio the
recognition of slavery within her a 90 ao hs
claim was inconsistent with such rght, u coua Nv.
allowed and on this closed the correspondence -
easy to see fshe has such right IN the oroao ana
lifted sense in which is laid down, and applied 10 he
case in question: ends to all rights Whatever ~he
,hr = no ht of propery things and irrational AMI
mails mr. growing ont of personal relations, whether
founded in consent not All are either the creatures
of nositive enactments subject to be regulated and
controlled by municipal laws, and she has Just the same
rcht to prohibit the recognition OF any one or all Oh
those rghts within her territory the one IN question
But who can doubt that such prohibition, If EXTENDED
TO cases Of distress, such the Enterprise would De
most harran violation Of the laws OF nations, as unoer
stood and acted on by all civilized natons and even as
admitted and acted by herself in the cases OF the
Comet and Encomium:
RIO us this is not mere abstract question, nor one
smnlv relatinp to the free Of the high seas II
comes nearer home Ii is Of free and safe passage
from one port another of Union as much SO 70
u.s. as question touching the free and safe use oil the
ch,nnes between England and Ireland on the one soe,
mud the opp,stc coast Of the Continent the other,
vould be 10 Great Britain. To understand It's deep
importance u.s. it must be borne IN mlnd that the 49,
land of Bermuda lies but short distance oil our coast
and that the channel between the Bahama islands ana
Florida is not less than two hundred miles IN length,
4
through this long, and difficult channel the I'M
mense trade between our ports on the Gull OF Mexico
and the Atlantic coast must pass, which, at no distant
perod will constitute than half OF the trade OF the
Union The principle set up by the British Govern
ment If carried out to its full extent, would do much to
close this amporant channel BY rendering i too ha-
z,rdous for She has only to give an INDEFINITE ex-
tension TO the principle applied to the case OF The En-
,erprse and the work would be done; and why has she
not as ynnd right apply to cargo OF sugar or cot
ton, Us to the slaves who produced IT.
haye now trust, established, to the satisfaction
of the Senate what | proposed when | commenced,
that the principle which compensation was allowed
in the cases OF the Comet and Encomium equally en-
braces that of the Enterprise; that no just distinction
can be made between hem and that the British nego-
tiator in attempting TO make distinction, was forced
10 assume the point controversy. And here might
conclude my remarks, as far these resolutions are
concerned but there other questions connected with
this subject, not less important which demand atlen,
tion and which shall now proceed to consider.
the two Governments without the impression that the
question involved in the negotiation one of deep
embarrassment to the British Ministry. The great
length of the negotiation, considering the simplicity
and paucty of the points involved, the long delay be-
fore an answer could BIZ had At ALL and the manifest
embarrassment in making the distinction between the
cases allowed and the one rejected, plainly indicate
that there secret, unseen difficulty IN the
way, not directly belonging to the questions involved
in the cases. What that difficulty: If mistake
not il will be found in the condition Of things in Eng
land and especially in reference TO those IN power.
1t is my wish to do the Ministry ample justice, as
believe they desirons of doing us, but is not to
be disguised that there was no small difficulty IN the
way, from the state Of things under which they acted
and which / shall next explain.
The present Wing ministry held, and still hold,
their power, is well known, By precarous tenure
Their party is, in fact, in minority, and only sup
port themselves against the powerful party in oppo-
ston, by such adventurous aid can be conca-
ted Among the subdivisions Of party in Great Bril-
tain, the Abolition interest is one Of no little power;
and it will be at once that the question involved
in the negotiation is in reference to which they
would have little sensbilty Like all other f,na-
tcs they have little regard either to Justice
where the object of their enthusiasm is concerned To
do justice, without offending such party, in such
Government was almost impossible. The Ministry
had to act under these conflicting considerations; and
intend no disespect in saying that the desire of
ciliang strong party, and thereby retaining place
when opposed to the demands of justice, could not be
without its weight. The course, accordingly, taken,
wa. such as might have been anticipated from these OPP
posing motives To satisfy urgent claim for justice
compensation allowed in two of the cases, and to
avoid offending powerful and Jealous party, dstinc
ton taken between them and the other, the effects
&C which would be 10 close the door against future
mands Of the kind. mean not TO say, that delibc-
rate and intentional injustice was done; but simply
that these conflicting causes which is obvious, from
the circumstances OF the case, must have been in ope
ration, would by natural and an unseen bias, lead to
that result.
But another question Of lar greater ma rnitude grow
ing out of the foregoing, presents itself for corsdera
tom to what must that result finally lead, If Great Br
tain should persist in the decision which It has made:
hold it impossible for her to maintain the position she
has taken She must abandon ( "a untenable and take
one Of two other positions either that her municipal
laws are paramount 20 the law Of nations when they
come INTO conHict or that slaverythe right of to
hold property in mans against the law of Nations
1t only the other of these suppositons that
the act for aboshng slavery have the force she at
tributes To IL.
Fhc former she cannot take, without virtually abo-
fishing the entire system Of international laws. She
could not think Of assuming that her municipal laws
were paramount, without admitting those of other
States also 10 be 50; which would be 10 annul the sYs-
tem and substitute in its place universal violence dis
cord and conf CT This would force her on the other
alternative, which, if It were true, would give her
solid Foundation for the election of claim the
incon'osable principle that the laws Of would
not enforce that which violates themselves Nor are
there wanting Indications in the currcspondcnce Ito
some OF which have audcd) that the position she
has taken in reference the Enter is but premi-
nary to the adoption Of that alternative There are
however, many difficulties, to be got over, before she
openly take it.
1t would require, in the first place. no small share of
effrontery, for nation which has been the great est
slave dealer on earth: nation which has dragged a
greater number Of Africans from their native shores 10
people her possessions, and sell Others and which
forced "ur ancestors 10 purchase slaves from her arans,
their remonstrance, while colonies mot improbaby the
ancestors of the Of those slaves purchase the
ancestors of the slaves for which she now refuses com
pensat,on)-it would repeat require no small efIron
terry to turn round and declare that she neither had nor
could have the right to the property she sold U.s. nor
could we, without deep crime retain possession. We all
know what such conduct would be called among ind
yidua!s. without indeed followed BY tender back Of