Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1841-12-23

countries to follow example, but nj present with
suiiclcn, effect for there nations which adhere 10
the practice under all the encouragement which their
own laws give What is, then the doctrine Of our ow n
courts, ol the laws ot nations Why, tina, this prac
ce is 10 he respected the Slaves il taken To be rcsor
ed To their owners and and. If not taken under nno
cent mistake. 10 bo restored with and damages
Again: at would would bo indeed a most extrava-
giant assumption in any court Of the law Of nations 10
pronounce that tins practice the tolerated, andapprovcd
Tue encouraged object oil law, ever since man became
subject 10 law. was legally criminal"
Does Her Majesy's Government now mean 10 con
tend that the slave trade contrary To the law Of natons2
Tn the contrary is not the trade lawful all Govern
ments who have not forbidden II, aud. consequently no
night given To any one nation the slave ships of
another IN time oi peace independent of express treaty
spulatons by which tho extent OF the power 10 he eN
orclsed must be rcguaicdi The right then which
Lord Palmerson asserts. derives support from the
principles Of the public law, but left stand upon the
grounds of cNpedency and necessity the Of
ecutng treaties for The suppression of the slave trade
and without which hIs lordshp they would be-
come dead letter Whether this be so on not the un-
donlgncd has no means OF Judging, and deems it, there
lore, unnecessary either to admit OF deny it.
The question not whether the power asserted might
be necessary eNpcdIent hut whether my such power
eNsls IL Is incumbent then upon Her llacstys CIV
ornnent 10 show upon what principles OF justice and
night II claims The power odoeldng upon the rph of
independent nation 10 navigate the in time Of pace
aud this, too Tor the purpose oi executing treaties 10
bound. The signal error of Lord rcmcrslon is in as
summing the necessity and oxpcdiency oi the power
PROOF "i It's existence W ~ such n power ever before
asserted III the manner OF To the extent which IL
donef On the contrary, has not the right of visitation
ana search been always regarded exclusively of
bclhgcrcn' ehaaccrf In proof of this the undersigned
need ony refer Lord Aberdeen the authority ol Great
britain herself on the subject:
- can find no authority (says the late Sir William
Scot that gives the right of interruption To the nnvi
binl tt,n,
the right OF gives obcgeenis against the ncrals
no nation can exercise right of visitation and search
upon The common aud nappoprlaod parts of the ocean
except upon the begeroni claim" Aud again: mo
nation has the night 10 force their way for the liberation
{" Africa. by tIamplng upon the independence Of other
States on the potonce OF AN eminent good by means that
are unlawful or TO press forward 10 great principle by
breaking through other great principles which stand IN
lh"r way"
Now of all the principles ever attempted to be ea,ab
lScd III the past history Of the dominion of the sea few
probably could be selected OF more offensive and occ-
uonable character than those asserted in Lord Palmer
sion note. Indeed, II Is difficult 10 believe that his
lodspo Her Majesty s Government could seriously ex
pee, That any independent nation could for moment ac
qnosce IN doctrines involving the cxtravapant suprs
ton OF yielding 10 another the right of determining upon
me terms and conditions upon winch II should navigate
the ocean IN time OF general and profound peace. such
power once submitted Ia, and there would bc species
OF national degradation 10 which it might not head
That such would be tho consequence the nndersipn
ed feels himself at liberty 10 suppose But il il
Were admitted, tIr the purpose Of illustration that
s,lch night was even doubtful. still the United
states, as well as other commercial nations, would
be bound 10 demand its dIsconinuancc if ATTEMPTED
to be exercised in the manner indicated in Lord Pal
lncIsons note. Under hat restrictions and limitations
,"uu sncn poworb DO eniorcod2 What competent tri-
oua womb lierc e IN determine upon the degree of
suspicion which IL To justify the boarding and detention
and the right Of determining the national character of all
tla al fb.I Int, I.
not make every subordinate commander Of n British
cruiser The exclusive Judge, and only lead 10 angry
and exciting lrritaons upon the ocean but painful
discussion between the two Governmental What Sc
curi,y would American merchants have AGAINST ,lccis
ions made without evidence where the rules Of evidence
might be violated with IMMUNITY ? Would il not, from
its very nature. be power the exercise of whlek IN
whaieycr form it might be guarded could admit of no
Just limitation The to these questions will best
show how inconsistent with the peace of Great Britain
and tho rights o other States the Of any such
power would be attended Bat il unnecessary 10 press
this Wow OF the subject further upon Lord Abcrdoens
cntion. The objection IL of principle, and Of
cXdency, and Is. therefore wholly incapable Of being
overcome by the manner discretion with which the
power might be exercised, the limitations thrown a
round It, However soitened in TERMS or restricted il
must still be regarded as imposing restrictions upon the
Lawful commerce Of neutral nations and an innovation
upon tho liberty Vi the seas; power which no ndepn-
dent State corl ever submit without surrcndcrne lis
of duty which IL owes 10 Itself and the other
nations of the world Nor is there any force IN the view
alleged by Lord Palmorston. and upon which great
lance is placed, that the flag Of the Union grossly
abused by other nations To their slave traffic
10 what cxlcnt the flag OF the United States may have
been used for this purpose. the undersigned and his Go
ycrnnent have means Of Judging. That ii has been
grossly abused however, there IS too much
believe and deporc but, whatever this abuse may have
been, II can have inst influence either strengthen
weaken the right asserted by Her Aajestys Govern
mcnt
In relation 10 the conduct Of other nations who seek
TO cover their infamous traffic by the fraudulent use of the
American lag, the Government Of the United States
cannot be responsible II has taken the steps which il
deemed best to protect It's flag well character
from abuse and will follow up by such other measures
as may appear Ia be called for.
The Government Of the United States are not inson-
sible to the force Of the considerations which belong to
the African slave trade, have they failed manifest
Their scnslbIliiy 10 whatever concerns its abolOn-
Nothing Is further from the wish of the American Go
vernnen than desire 10 increase the difficulties throw
obstacles IN the way OF the existing treaties for its final
extinction. This the undersigned has upon more than
one occasion had the honor Of assuring Her Majesty's
Government and takes leave now To repeat to Lord
Aberdeen ANXIOUS, however, the Government Of the
nited States promote the views Of Her Maesty's
Government on this subject il consent to do so by
sacrificing the rights of its citizens OF the hsnor its its
flag
Her Majestys Government cannot be inscnsble of the
Importance and value Of guarding the rights of neuali-
y from every species of violation. This duty belongs es
peclay to great and powerful Nations such as Great
Britain and the United States only as the best means
Oi preserving peace, but oIyup cam