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

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peace engaged in lawful voyage, h according the llws
al" under the exclusive jurisdiction the which lie
Ia. DeoS rs much So ~ # constituting part offs domain
he.airea That such ship vessel should he forced by
OF weather, other unavoidable cause, the port friends
lower, shc would under tn laws, right
a!e "a, to sr on tie E! hn' on Tie contrary,
lc rights belonging I" tn personal relations established l.,
The laws Of s State 10 mhic cy belong would placed M
de ihc protection which the laws nations extend un,r
tuiate under such circumstances.
here Thai The brig Eacrprsc which forced mnavoia
NY ny siess q weather INTO Port Hamilton, bermuda island
willie on lawful the high port IL The
foregoing soluos and lllal the seizure and detention Of M
nrsto,s on bod ny the local authority Of the Island
| citizens IL whom ilicy belong.
! The resolutions having been read
MIR. CALHOUN said The case referred TO in
these resolutions is one Of the three which las been
Tor so long period subject of negotiation between
our Government and that Of Great Britain without
I however, receiving the attention which, in my opinion
IS due to the importance Of the principle involved
| The other two were those Of the Comet and Enco
mum IN order TO have clear understanding Of the
bearing OF these resolutions, and The principles they
embrace, It will be necessary to give brief narrative
Of each Of these cases.
The Comet is the first in order of time She sailed
from THIS District in the latter part of the year 1880
destined for New Orleans having among other things
number Of negroes on board. Her papers were regu
lar, and the voyage in all respects lawful. She was
stranded on one Of the false KEYS Of the Bahama is
land, opposite 10 the coast Of Florida and almost in
sight OF our own shores. The persons on board, in
GLIDING the negroes, were taken by the wrcckers
against the remonstrance Of the captain and owners
into Nassau New Providence, where the negroes were
iorcbiy seized and detained ~ the local authorities.
he case VI the Encomum is in almost every part
cn!aT similar IL occurred in 1874. She sailed from
Charleston destined, also, I" New Orleans, with
srocs on board on voyage, in like manne lawful,
stranded near the same place. taken in the way
INTO The same port, where the negroes were also forci
bly, seizcd and detained 10y the local authorities Ii
happens that am personally acquainted with the own
es Of the negroes in this case. They were citizens OF
North Carolina, Of high rcspectabili.y one Of them
recently President of the State Senate, aud their ne
grnes were shipped for New Orleans with the view II
emigration and permanent settlement III one Of the
Southern States
The other is the If the Enterprise referred to
IN the resolutions. She sailed. in $50, from this Dis
rct, destined for Charleston South Carolina and like
The others lawful voyar., with regular papers
She forced, unavoidahy by stress Of weather.
Port Hamilton, Bermuda Island, where the negroes on
board were, in ike manner ioTc5y seized and detained
hy The LEGAL authorities.
The owners OF Tie negroes, after applying in vain TO
the local authorities for their surrender, made applca-
ton 10 the Government for redress of injury: and the
result, after ten years nrgotation that the British
Government has agreed ~ compensate the of
the Comet and Enconium, on The ground that these
occurred before the for the abolition Of slavery
III her colonies had gone into operation, and refused
compensation in the Of ,,c Enterprise because it
occurred afterwards
Such are the material facts, drawn from the cores
pondcnce Itself, and admitted in the corrsc Of the me-
gociann. What propose in the first place, 10 10 show
that Tie principle, which com pcnsation was allowed
IN Tie cases OF The Comet and Encomum, embraces
also that Of The Enterprise that discrimination what
ever can be made between hcm and that in attempting
shall rest nv argument exclusively The admissions
necessarily involved in the two cases, without looking
to any other authority. They will b" i"dnd, II 90
no, greatly mistake, ample Of themselves Tor my pnr-
pose. .
What then is Tie principle necessarily involved, IN
allowing compensation III those cases: 1t VIII not be
necessary TO show that The allowance was not mere
act of rratuity to citizens. No ore VIII suspect
that IT was the contrary reluctantly yielded, al
Ter years Of negotiation, oil OH the CONVICTION that
the rt of our citizens in the negroes could no longer
be Disputed and Of course Tie injustice OF Their SET
cure and detention. This brings me to question oi
vital Importance this discussion. 10 which must ask
the Senate 10 give me lis fixed attention; and that Isl on
what did this right Of our citizens to tue negroes rest
Not certainly on the British laws, either expressed
or implied So far otherwise, they expressly prohibit
ed IN the broadcst and most unqualified terms persons
FROM 5eing brought in retained as slaves, under hea-
w pca2 and forfeiture OF property; declared the per-
sons offending TO lie fcons and subjected them to be
trasnorted beyond sea- To be confined and kept al
hard labor for term of years But one answer can
be given the question: that it rested on the laws OF
their country It Yas only by mem lhey couid
possibly have right 10 iiie negroes And here we
meet the vital questlon-how l. i that right resting on
our laws should be valid and respected within the limits
OF the British dominion, against tie PRESS prohibition
of an act Of Parliament:
The answer can only be found in the .sl.>ipcs en-
braccd in the first and second OF these RESOLUTIONS
The former airms the acknowledged principle tLit
shin or vessel on the high IN time OF peace, ano
engaged in lawful voyage, IS BY ie law Of nations
under the exclusive jurisdiction OF the State 10 WHICH
her lan beonrs and The second that if forced by stress
Of weather other unavoidable cause, INTO port OIL
friendly power she would lose none Of the rights ap
pertaining 10 her On the high seas; but, the contra
~ She with her cargo and persons on board INC ud'ng
their propcrly aud all the rights belonging to their per
sonal relations would be placed under The protector
which the law of nations extends to the unfortunate II
such
II i on this solid basis that the rights of our citzen
rested The laws OF nations, by their paramount au
hority oyerrgcd, i'll those cases, the mnnic'pal law
of Great Britain even within her territorial limits; an
it was 10 their authoritative voice That ne! notethr.
Welded obedience III compromising our clizcns ~
tile violation of rights placed under their sacred pro
lection. ::
\ Having now established the principle necessarily I'M
nled in the allowance of compensation III the cases {
the Comet and Encomuni, =. ri! be an easy tash
show that it equally embraces the ease oil inc r'nte
prise 1t is admitted by tile British minister a' ~
no other distinction between 1t and Tie ulher tW'
except that it occurred before, and t'e others ai't
the act aboshing slavery in The colonies went III.
operation; and it must, OF course, be cgueiiy coP't
hended in the principles embraced IN ie HIS. anu ,.
cond resolutions, IN virtue OF which compensation w
Md. "a bos Lecn shown unless indeed that act In
the effect OF psesentlng it, which; snail now SHOW
could not according to the laws # nations g. u,
simple but decisive view will be suihc,enl LOT VI
purpose. have just shown mat the ao' - .
for aboshng the slave trade although u express res;
prohibited the introduction Of slaves within ,he t NM
Of the British territory; OBTAINING them IN an' CO.
= dition when brought in, tar from ovcrfuihs' ".
overrued by the Principle embraced in these Ieso
tons ftha act did no, override the laws o. hons
those cases, how ask, could the act tor e
slavery in the colonies override them IN case N eve
essential circumstance acknowledged to be the sam
Can a possible reason be assigned The authority
which the two were enacted is The same anu '"e
as directly applicable TO the case as the ',her. ~
i deed there be- difference, the Tor the abolition Of
slave trade is othc two, tie most applicable Ihas
directly prob bits the introduction OF slaves w' MANN
British dominion, in the most unquai,neo hlann
or the retaining them, when introduced in that C, G.
dtion while The bcct of the act for the Ae0 h
. of Slavery in the Colonies vas TO emaecPa'e p ~
hart n