Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-12-16

character and be treated accordingly. Hence it is
that offences declared to be piracy by the municipal
laws of any State only be tried and punished by
the country within whose jurisdiction, board Of
whose ships the ocean, the offence may have been
committed Now, slave trade is not cognizabe under
the law OF nations Although prohibited by most
tons, and declared to be piracy by their laws, and
pecaly by the statutes of Great Britain and tile u S,
II yet not an offence against the public law and its
Introduction cannot be enforced by the ordlnGy right
OF risiation detention, search, in the manner that
might be if it piracy by the law of nations That
this IS the acknowledged doctrine of international law
cannot, il is presumed be deub@d 1t IS so Aressly
declared by all writers upon the law of natFns and
has been acknowledged by the British Go&tnment,
through its highest Judicial tribunals Her annals
iuil Of instruction the subject. The following is
The language held by Of her most distinguished ju-
| rsts:
awe are disposed to 20 as far in discorntenancng
this odous traffic the law of nations aud sac r.inci-
pies recognised By English tribunals will allow US in
dong but beyond these principles we do net feel al
liberty TO travel Formal declarations have been made
and laws enacted in rcprobation of this practice and
plans ably and zealousy conducted, have been taken
to induce other countries to follow our example, but
present with insufficient effect for there nations
which adhere to the practice under all the encourage
ment which their laws give. What is, then, the
doctrine of our courts, Of the laws Of nations
Why, that this practice to be respected the Slaves
if aken to be restored to their owners; and, if not
taken under innocent nstake to be restored with costs
and damages" Again: at would be, indeed, q most
exavagant assumption in any court OF the law OF ma
TONS pronounce that this practice, the tolerated. the
approved the encouraged object of law, since man
became subject TO law, was legally criminal
| Does her hloiesty's Government now mean to con-
tend that The slave trade contrary TO the law of
tons, On the contrary is not the trade lawful 10 all
Governments who have not forbidden it, and, conse-
quently, right given 10 any one nation over the
slave ships Of another in time of peace, independent Of
express treaty s,pulaons by which the extent Of the
power 10 be exercised must be regulated: The right,
them which Lord palmers,on asserts, derives no sup
port from the principles ofthe public law, but left TO
stand upon the grounds Of cpedncy and necessity, as
the means ofexecung the existing treaties Tor the sup
preston of the slave trade and without which his lord
ship asserts they would become dead letter. Whether
this be so or not the undersigned has means OF udg-
ing, and deems it, therefore unnecessary either TO ad-
nit deny it.
The question is not whether the power asserted
might be necessary expedent, but whether any snch
power exists IL is incumbent then upon her NlaJes-
tvs Government to show upon what principle OF JUS
tlce and right il claims the power of deciding upon
the right Of an independent nation TO navigate the
time Of peace; and this, too, Tor the purpose
executing treaties which such nation not par
ty, and consequently not bound. The signal error OF
Lord Pamcrston in assuming the necessity and eTPe-
disncy Of the power proof Of lis existence. was
such power before asserted in the manner or to
the extent which is done' On the contrary, has
not the right of visitation and search been always re-
l
In proof of this the undersigned need only refer Lord
Aberdeen 10 the authority of Great Britain herself OH
the subject:
al can find no authority Says the late Sir VIM
Scott "that gives the right Of interruption 10 the na
ysaton Of States upon the high SEAS except that which
the Ght of war gives beligerents against neurals
No nation exercise right Of visitation and search
upon the common and Incorporated parts oil tue
ocean, except upon the begerent claim And again
"No nation has the right TO force their way tor the H.
tha. .dapa ndan
of other States tie preence of an eminent good by
that unlawful or to press forward 10 great
principle ~ Lt:-- ''-n"sh e,--- o-aat principles
which stand in their way
Now of all The nrinciples ever attempted 10 be esta
bshed in the past history Of the dominion OF the sea-
few probably could be selected OF more offensive ana
Objectionable character than those asserted III Lord
Palmestnn note. Indeed, it difficult 10 believe that
his Lordship or Her Maesys Government could sef-
ousv expect that any independent nation could Tor
moment acquesce in doctrines involving the exraVa
CANT supposton of yielding to another the right OF ae
ermining upon the terms and conditions upon which
should nayrate the in time Of general and pro-
found peace. Such power once submitted TO, ana
there would be species of national degradation 10
which might not lead That such would be the coll
sequence the undersigned feels himself at liberty TO
supuose But if it were admitted, for the purpose OF
illustration, that such right was even Doubtful sun
the IT, States, as we'll other commercial nations,
would be bound TO demand its discontinuance, at
tempted to be exercised in the manner indicated IN
Lord Palmerston note. Under what restrictions anu
limitations could such power be enforced what
competent tribunal would there be TO determine upon
The deGree Of suspcion which to Justify the boarding
and detention and the right Of determining the national
character of all vessels under the flag OF the u =
Would it not make every subordinate commander oi
British cruiser the exclusive judge, and not only iead 70
angry and exciting irrItaons upon Inc ocean, ou'
nonful discussions between the two Governments -
What security would American merchantmen nave
arains decisions made without evidence, or where all
Tie rules of evidence might be violated with iinpuhi
", Would it not, from its very nature, be power
the exercise Of which, in whatever form u might oe
rrarded could admit Of no Just limitation: lie an
swer 10 these questions will best show how nconsist
ent with the peace Of Great Britain and the rights oil
other States the exercise of any such power "ouia oe
attended But il is unnecessary to press ,hs vie" "
the subject further upon Lord Aberdeen al'en''on
The objection is one Of principle and not oil t1pedteney
md is therefore wholly incapable Of beng overcome
by The manner or discretion with which the power
might be exercised the limitations thrown afouhu
il However soltcned in terms, or restricted, u must
still be regarded imposing restrictions upon 'se
lawful commerce Of neutral nations, and an innoVa-
ton upon the liberty Of the seas; power winch no
independent State could ever submit TO Without sur
rendering lis independence and sovereignty, ana asie
pardinr the high obligations oil duty when y owes 20 IL
self and the ether nations of the world. Nor is there
onv force in the view alleged by Lord Pamerston, and
unon which great reliance is placed, that the nag "
Union is grossly abused by other nations as cover Of
their slave traffic 10 what extent the nag OF tue u
) NAV have been used for this purpose, the
cd and his Goyernme have means OF Judging mat
!, has been grossly abused however, there too much
to believe and depore but, whatever this abuse
NAV have BEEN it can have just influence either 10
STRENGTHEN or weaken the right asserted by Her Ma
jesty's Government. .:... who
seek To cover their infamous traffic by the fraudulent
use of the American flag, the Government oil the UNI
ted States cannot be responsible. 1t has taken The
steps which it deemed best to protect its flag as wen
as its character from abuse, and will follow It up oy
such other measures as may appear to be called for
The Government of the United States are not IN
sensible 10 the force of the considerations which be-
lorr 10 the subject of the African slave rade nor nave
thew failed to manifest their sensbility to whatever
its abolition Nothngs further from the wish
of the American Government than desire to increase
the difficulties or throw obstacles in the way oil 'he
execution of the existing treaties fer its final e1tlhc
ton. This the undersigned has upon more man one
occasion had the honor of assuring Her Majesty 90
vernment and takes leave 10 repeat to LORD aoet
i fbo